Question 1: Health and Safety
Trent Developments (“TD”) are building student accommodation for occupation in the next month and are becoming quite panicked about completing the task on time. They have found drainage especially difficult on the site and are still working on this.
Mel is an employee of TD and is working on a drainage trench at the site, they were scheduled to double check and reinforce trench supports today but have called in sick, notifying TD’s site manager, Joel.
Meanwhile, the water company Seven Trent have sent their employee Chris to survey the site prior to drainage services being provided to TD. Joel is busy when Chris arrives on site and says he will give her a tour and some protective equipment later but in the meantime Chris can have a look around.
Chris enters the trench to inspect and it collapses, breaking her leg. Alex also works for TD and their role today is to add the bedding material of shingle to the drainage ditch, they are in the trench at the moment of collapse and are killed.
The HSE are investigating these events. Advise them and TD of any possible breaches of relevant Health and Safety legislation. Your advice should also include details of who may be liable for any breaches and why, and the consequences of this.
Your answer must be supported by references to relevant legislation and case law – setting out principles of law in any case to which you refer. Please remember to explain and justify your answer with legal authority.
