AG -v- States Employment Board [2010] JRC 205 (15 November 2010)

AG -v- States Employment Board [2010] JRC 205 (15 November 2010)

The defendant failed to meet the reasonably practicable standard by not imposing a mandatory oral warning system for the capstan and gypsy, an obvious and easy safety measure. This failure constituted a breach of health and safety obligations, justifying conviction and a substantial fine.

Source-derived case information.

Citation
[2010] JRC 205
Parties
Defendant: States Employment Board; Prosecutor: Crown; Victim: Mr Le Voguer
Jurisdiction
Jersey
Judgment Date
15 November 2010
Procedural Posture
Criminal / Post Trial Judgment
Outcome
conviction and sentence
Legal Topics
Workplace Safety, Safe System of Work, Risk Assessment, Employer Liability
Health and Safety Employment Law Criminal Law Workplace Safety Safe System of Work Risk Assessment Employer Liability

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Summary, issues, holding and outcome

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Parties

States Employment Board

Defendant

Crown

Prosecutor

Mr Le Voguer

Victim

Procedural Posture

Criminal / Post Trial Judgment

Legal Issues

  1. 1 Whether the defendant failed to provide a safe system of work on the 'Duke of Normandy' resulting in serious injury to an employee
  2. 2 Whether the modification to the capstan and gypsy created a new risk that was not properly assessed
  3. 3 Whether the Health and Safety Law applies equally to vessels at sea

Ratio Decidendi

The defendant failed to meet the reasonably practicable standard by not imposing a mandatory oral warning system for the capstan and gypsy, an obvious and easy safety measure. This failure constituted a breach of health and safety obligations, justifying conviction and a substantial fine.

Court Disposition

conviction and sentence

Orders

  • Fine of £40,000 imposed on the defendant
  • Order to pay costs of £10,000