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performed, no matter how competent the agent selected by the owner to perform it for
him, the owner is responsible.”
Relevant decided cases: - R v Swan Hunter Shipbuilders Ltd and Another [1982] –
interpretation of Sec 2(2) (c) of the Act regarding information and instruction to
contractors required to undertake their work safely
HSW ACT s2.2.C – Provision of information
An oxygen valve in a badly ventilated part of HMS Glasgow, then under construction,
had been left open. The result was that the room had then become oxygen enriched.
Swan Hunter were the main contractors but several others were involved. An employee
of Telemeter Installations, working alongside Swan Hunter employees was preparing to
do some arc welding. He struck the electric arc between welding rod and work piece
and immediately, due to the atmosphere, a very intense fire broke out and eight men
were killed.
Swan Hunter's safety officer knew of the fire risk connected with oxygen and prepared a
'
blue book' for Swan Hunter employees and provided the information to their
employees. However, they failed to distribute this information to Telemeter and other
contractors and/or the employees of those other contractors. Swan Hunter was
prosecuted and fined £3000, they appealed.
Conviction was upheld. Swan Hunter had a duty to ensure the health and safety of its
own employees by the provision of information. If the ignorance of another company’s
employees places its own employees at risk then it is the company’s duty, for the
protection of its own employees, to inform the employees of another of any special risks
within its knowledge.
R v Associated Octel Co Ltd [1996] – interpretation of Sec 3(1) of the Act8.10 Defences
available in criminal law Defences available in criminal health and safety and
manslaughter cases:
R v Associated Octel Co Ltd
(1996)
Meaning and extent of 'conduct of undertaking' as applied to Health and Safety at Work
Act
Associated Octel Co. Ltd. ("Octel") operates a large chemical plant at Ellesmere Port. On
25
June 1990 there was an accident at the chlorine works. The plant was shut down for
its annual maintenance and a small firm of specialist contractors called Resin Glass
Products Ltd ("RGP") were engaged in repairing the lining of a tank. Mr. Cuthbert, an
employee of RGP, was working in the tank by the light of an electric light bulb attached
to a lead. After grinding the damaged area of the lining, he had to clean it down with
acetone before applying a fibreglass matting patch with resin. He had his supply of
acetone in an old paint bucket which he had found in a refuse bin. While he was
applying the acetone with a brush, the light bulb broke. Some of the liquid had probably
dripped onto it. Acetone is volatile and gives off highly inflammable vapour. As Mr.
