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The Health and Safety Executive (HSE) has taken decisive action following a tragic incident involving an explosion that resulted in the deaths of two soldiers and injuries to two others. The event occurred on 14 June 2017 at the Castlemartin Range in Pembrokeshire when an L30 gun exploded on a Challenger 2 tank. Corporals Darren Neilson, aged 31, and Matthew Hatfield, aged 27, lost their lives, while another soldier sustained serious, life-altering injuries.
As a result of an extensive investigation, the HSE has authorised the highest level of sanction available against the Ministry of Defence (MoD), known as a Crown Censure. In addition, the defence contractor Rheinmetall BAE Systems Land Ltd faces prosecution. The HSE emphasised that neither the Crown Censure nor the authorization of criminal charges should be interpreted as a formal finding of guilt.
The responsibilities in the tragic incident were divided between the MoD and Rheinmetall BAE Systems Land Ltd. Rheinmetall was accountable for preparing the safety case related to the tank and gun, while the MoD bore the ultimate duty to ensure the health, safety, and welfare of soldiers as well as the adequacy of that safety case. As a government body, the MoD is subject to different legal procedures compared to private companies, with a Crown Censure representing the utmost penalty it can receive.
Following a referral by HSE inspectors to the organisation’s legal services team, prosecution approval was granted in line with the Crown Prosecution Service guidelines. This culminated in a Crown Censure against the MoD for allegedly failing to safeguard soldiers under Section 2 of the Health and Safety at Work Act. Meanwhile, Rheinmetall BAE Systems Land Ltd faces charges for allegedly breaching Section 3 of the same legislation by not protecting individuals outside its employment. The MoD’s Crown Censure and the charges against Rheinmetall BAE Systems Land Ltd will proceed as separate legal actions, with a formal hearing scheduled to address the Crown Censure
Read the full article from The BBC here: Read More
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