Christopher Booker was working at a power station owned by npower when he fell to his death in 2007.

The two companies involved; RWE npower and AMEC Group Ltd were ordered to pay £450, 000 in fines between them and £30, 000 each of the costs for bringing the case to trial.

The power company npower was in need of some maintenance work to one of its plants for which it contracted with AMEC to oversee the work. The judgment exemplifies how more than one business might be held accountable for breaches in Health and Safety practices. All employers have a duty to protect their workers and also those who might come into contact with their premises under the Health and Safety at Work Act etc 1974 and the Management of Health and Safety at Work Regulations 1999. The first demands that employers take all reasonable steps to ensure the safety of their employees. The second relates to the duties attributed to AMEC and in particular, s 11 of the regulation which deals with Cooperation and coordination reads:

Where two or more employers share a workplace (whether on a temporary or a permanent basis) each such employer shall—

(a)co-operate with the other employers concerned so far as is necessary to enable them to comply with the requirements and prohibitions imposed upon them by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997.

(b)(taking into account the nature of his activities) take all reasonable steps to co-ordinate the measures he takes to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997 with the measures the other employers concerned are taking to comply with the requirements and prohibitions imposed upon them by that legislation; and

(c)take all reasonable steps to inform the other employers concerned of the risks to their employees' health and safety arising out of or in connection with the conduct by him of his undertaking.

There had been a dispute between the companies as to liability, however, the two companies eventually pleaded guilty to breaches of both the legislations above. Whilst there had been some initial confusion on who owed the duty of care it was clarified that both the companies owed the duty.

Mr Booker died because he fell 12 metres down a poorly lit hole in the floor of a deep pit. This horrific death could have so easily been avoided.  The Health and Safety Executive concluded in their investigation that there had been inadequate measures taken to protect those working around the hole. Had the employers ensured that they upheld their duty to Mr Booker this could have been prevented.