East Sussex company and director found guilty of manslaughter

Date:

23 January 2009

Release No:

COI/SE/0601

The Health and Safety Executive (HSE) is urging companies to carry out full risk assessments following the prosecution of a company, IC Roofing Ltd, and its owner and director, Colin Cooper at Hove Crown Court.

Mr Cooper appeared at Hove Crown Court on Monday 5 January 2009 where he pleaded guilty to breaches of health and safety law.

He pleaded not guilty to manslaughter charges but yesterday a jury found him guilty of the manslaughter of Darren Hoofe. He will be sentenced on Tuesday 27 January.

On 29 November 2005, 20-year-old Darren Hoofe was employed by IC Roofing Ltd to carry out work at the Bellbrook Industrial Estate, Uckfield.

Mr Hoofe fell through a skylight onto the factory floor whilst carrying out roofing repairs. He was not wearing a safety harness and had not received full safety training. He died in hospital the following day from his injuries.

Sussex Police and the HSE launched an investigation into the circumstances of Mr Hoofe's death. The owner and director of IC Roofing, Colin Cooper, was charged with his manslaughter and offences under the Heath and Safety at Work etc Act 1974.

Amanda Huff, HSE inspector, said:

"The tragedy of Darren Hoofe's death is that it could so easily have been avoided. Colin Cooper showed reckless disregard for the safety of his employees even though the risks and necessary precautions were well known to him.

"If fatal accidents are to be prevented then work must be adequately planned and appropriate measures taken before work starts. If there is to be any positive outcome from this tragic death then it has to be that other roofing contractors appreciate that compliance with health and safety requirements is important and that failure to do so can have serious consequences."

Detective Inspector Colin Dowle, from Sussex Police, said:

"This is a particularly tragic event which was entirely preventable. Colin Cooper ignored the obvious risks in favour of economic gain, sadly at the cost of Darren's life. This was compounded by the fact that Mr Cooper had received previous warnings in relation to his working practices from HSE inspectors. The HSE and Sussex Police have worked closely together to bring this matter to trial."

Notes to editors

1. Section 2(1) of the Health and Safety at Work etc Act 1974 states: It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

Section 37 of the Health and Safety at Work etc Act 1974 states: (1) Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, the preceding subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

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Issued on behalf of the Health and Safety Executive by COI News & PR (London & South East).