A Hampshire businessman, who was disqualified from being a
company director, was today jailed for serious fraud and safety offences. A
second businessman was given a suspended prison sentence for similar offences.
The two were sentenced at Winchester Crown Court following
joint proceedings brought by BIS (the Department for Business Innovation and
Skills) and the Health and Safety Executive (HSE). The safety offence related
to the tragic death of a 40 year-old Southampton worker in September 2010.
Paul O’Boyle, 56, of Cholderton Road, Andover, was jailed
for a total of 26 months; 16 months for a breach of the Health and Safety at
Work etc. Act 1974; ten months for a breach of the Fraud Act 2006; and a
total of eight months concurrent for four breaches of Section 13 of the
Company Directors Disqualification Act 1986. IOSH
Directing Safely He was also disqualified from being a company director for
the maximum of 15 years.
Russell Lee, 67, of Quay 2000, Horseshoe Bridge,
Southampton, was given a 12-month prison sentence suspended for two years after
admitting the same breach of the Health and Safety at Work etc. Act and a
concurrent six months, also suspended, after pleading guilty to aiding and
abetting O’Boyle in his disqualification.
Lee was also disqualified as a director, for seven years,
ordered to pay £8,000 toward prosecution costs and given 150 hours’ community
service.
The safety offences related to their running of Alton-based
Aztech BA Ltd and the death of a worker who was crushed and killed by a
two-tonne metal sand-moulding box that fell from the lifting chains of a crane
he was using to manoeuvre it.
The court was told Paul O’Boyle had been disqualified from
acting as a company director for 12 years in 2006 but continued to act in that
capacity at a number of foundry companies, including Aztech(BA) Ltd, which
operated from premises at Lasham, Hampshire. In running Aztech, Mr O’Boyle was
aided by Russell Lee, who agreed to be the registered director of the company.
The offences came to light following the fatal incident at
the now-insolvent company, Aztech, when Ian Middlemiss, 40, who lived in
Thornhill, Southampton, was crushed beneath a heavy sandbox on 30 September
2010. Colleagues scrambled to free him, but he was pronounced dead at the scene
by paramedics.
HSE investigated the death and identified serious concerns
with the systems of work in place at the time, and with the lifting equipment.
HSE became aware of the Companies Act offences and a joint investigation with
BIS was undertaken.
HSE found that the crane at the centre of the incident had
not been checked and tested as the law requires, and there were inadequate
provisions in place covering competency, supervision or training. The court
heard the incident could have been prevented had the system of work been
reviewed and properly assessed.
HSE inspectors also identified problems with lead exposure
at the company. Substances containing lead were used elsewhere at the site as
part of a separate bronze moulding process, but the control and health
surveillance measures were insufficient – meaning workers were being exposed to
potentially harmful levels of lead without realising it.
The court was told that at the time of Mr Middlemiss’ death
the foundry was the subject of three Improvement Notices served by HSE
following earlier visits in September 2009 and June 2010. A number of important
safety improvements were required, but few had been satisfactorily implemented,
largely, claimed the management team, because of financial constraints.
HSE argued the fatality incident could have been avoided had
the necessary changes in the relevant enforcement notices taken place. NEBOSH
National General Certificate in Occupational Health & Safety
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