Three directors jailed

Three directors jailed for health and safety offences. Three company directors have been jailed following the death of a worker who fell while working on a roof at a warehouse in Essex.

An employee of  Koseoglu Metalworks Ltd (NV, aged 63) died in hospital after falling through the roof of a warehouse in Harlow in April 2015. At the hearing at Chelmsford Crown Court, Koseoglu Metalworks Ltd admitted an offence of corporate manslaughter and its sole director, Kadir Kose, admitted an offence under the Health and Safety at Work Act (HSWA).

Ozdil Investments Ltd denied corporate manslaughter and a HSWA offence but was convicted following a trial at Chelmsford Crown Court. Two of its directors, Firat Ozdil and Ozgur Ozdil, were convicted of a HSWA offence and were jailed for twelve months and ten months. Kose was jailed for eight months.

The court heard how Ozdil Investments Ltd was the owner of the warehouse in question, called Ozdil House, where the roof needed repairs. It is understood that both the Health and Safety Executive and Harlow District warned the company about the dangers involved in the repair work and specifically the need for safety measures such as netting to be put in place. Despite these warnings, Firat Ozdil and Ozgur Ozdil paid their friend Kose and his company Koseoglu Metalworks Ltd to carry out the work without netting or other safety measures. The court heard Koseoglu Metalworks Ltd had no experience of roofing work and the fee paid by the Ozdils was approximately £100,000 under what a recognised roofing contractor would have charged.

In addition to the three directors jailed, both companies were also fined:

• Koseoglu Metalworks Ltd, who admitted an offence of corporate manslaughter, was fined a total of £400,000 and ordered to pay £21,236 in prosecution costs (the fine comprised £300,000 for corporate manslaughter, and £100,000 for Section 3 of the HSW Act
• Ozdil Investments Ltd, who denied a charge of corporate manslaughter and an offence under the Health and Safety at Work etc. Act 1974 (HSW Act) but who were convicted following a trial., were fined £660,000 and ordered to pay £53,115.34 in prosecution costs (the fine comprised £500,000 for corporate manslaughter, and £160,000 for Section 3 of the HSW Act).

Kose did not carry out a risk assessment at the site and sent staff employed by his company onto the roof without training. While working on the roof, NV stepped onto a discoloured skylight and fell to his death.

Luke Bulpitt, from the CPS, said:

By ignoring the safety measures they knew were required, the Odzils and their company risked the lives of everyone working on the roof in an attempt to save money.

Kadir Kose and Koseoglu Metalworks undertook the work to the roof without taking any appropriate safety steps, gambling with the lives of their employees.

Faced with the evidence against him, Kose and Koseoglu Metalworks admitted their guilt but the Ozdils and their company contested the charges. However, having heard the compelling case put forward by the prosecution, the jury returned guilty verdicts. Our thoughts remain with the family of NV

Recently retired Detective Inspector Ian Jennings, investigation officer in the case, said

NV was utterly failed by Firat and Ozgur Ozdil, Kadir Kose, and the companies they ran.

His death was completely preventable and has caused an immeasurable sense of sadness and loss to his family.

The Ozdils and Kose showed a total disregard for their responsibilities to ensure the safety of workers on the site.

These men now face a significant amount of time in prison to reflect on their actions – or lack of them – and I pleased they will not be able to put anyone else’s safety at risk.

I hope their sentences will bring some solace to NV’s family. It won’t bring him back though, and that is something his loved ones have to deal with every day.

Speaking after the hearing HSE inspector David King said

It is essential both clients and contractors comply with their duties under relevant regulations when planning and undertaking construction work.

As in this case, the failure of clients and principal contractors to comply with these legal duties can have tragic consequences.

Clients must ensure contractors have the appropriate skills, knowledge and experience for the task, and must make suitable arrangements for managing a project.

In addition to the latter contractors must also take into account the general principles to eliminate, so far as is reasonably practicable, foreseeable risks to the health or safety of those affected by the work.