Mark Balysz has secured the acquittal of G & A M Lawson Limited at Carlisle Crown Court
Mark Balysz has secured the acquittal of G & A M Lawson Limited at Carlisle Crown Court. The plant hire company was charged with failing to ensure the safety of its employees, contrary to section 2 of the Health and Safety at Work etc. Act 1974 and failing to have a suitable and sufficient risk assessment for the use of its trailers, contrary to regulation 3(1) of the Management of Health and Safety at Work Regulations 1999. The prosecution was brought after the death of one of its employees. At the close of the Crown’s case HHJ Hughes QC directed the jury to acquit the defendant on both counts. He found that there was insufficient evidence of a foreseeable risk and that even though the Company did not have a written risk assessment, there was conclusive evidence that such a risk assessment had been carried out, albeit not recorded.