Acumen News & Events

25 May 2010

Word of Warning

Health and Safety Laws enforced, the potential cost to your Company

Under the existing Health and Safety laws Company directors should be able to demonstrate an understanding of their duties and responsibilities in respect of complying with Health and Safety laws. The Corporate Manslaughter Act was brought into to ensure that all directors are personally culpable for the acts and omissions of their company; ignorance is no form of defense, and prosecution under this act can lead to prison sentences or large fines being issued.

Below are samples of some recent Health and Safety convictions faced by various Companies across the UK. The variety of circumstances and the substantial size of the awards emphasise the risks your Company faces for failing to meet its Health and Safety obligations.

• Electrical Waste Recycling Group Ltd and a director fined for exposing workers to toxic mercury fumes

The company pleaded guilty to breaching Section 2(1) of the HSWA, three separate breaches of the Control of Substances Hazardous to Health Regulations 2001 and one breach of the Control of Lead at Work Regulations after twenty employees at the Company were found to have levels of mercury in their system above the UK guidance levels and five showed extremely high levels following exposure to mercury and lead during the course of their employment between October 2007 and August 2008.

The Company was fined £140,000 and ordered to pay costs of £35,000. A company director was also prosecuted and pleaded guilty to breaching Regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002 and was fined £5,000.

• Sims Group UK Ltd fined £200,000 after a truck driver was killed by a crushed car

The Company, who own a scrap metal yard in Newport, pleaded guilty to a charge under Section 3(1) of the Health and Safety at Work etc Act 1974, after a half ton metal bale on a scrap pile came loose and rolled 20 feet, hitting 50-year-old Adrian Turner. Mr Turner had not received any site safety induction from Sims UK Ltd and was following instructions given by Sims operatives when he was killed. Sims Group UK Ltd was also ordered to pay £57,500 costs by Cardiff Crown Court.

• Corus has been fined £240,000 after a lorry driver was crushed to death at its site in Staffordshire.

The company pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974 after three tonnes of steel plates fell on 22-year-old Ross Beddow, at the company's base in Wombourne. In addition to the fine, Corus (UK) Ltd was also ordered to pay £112,500 costs at Stafford Crown Court.     

• Northumbrian Water Limited fined £17,000 and ordered to pay £17,000 costs after an employee suffered crush injuries.   

Northumbrian Water Limited pleaded guilty to a breach of Section 2(1) of the HSWA after an employee suffered crush injuries and consequently spent three days in intensive care.  The incident happened in March 2008 when the employee was driving a Bobcat skid steer loader at the company’s Lound Water treatment works site. He got out of the vehicle, leaving the engine running, and was getting back into the driver’s cab when he slipped and pressed the control to raise the bucket of the vehicle. He became trapped between the cab and the bucket and sustained crush injuries. Under normal circumstances there is a device which stops the bucket from being raised unless there is someone in the driver’s cab but in this case it was found to be faulty. 

• Ashtead Plant Hire Co Ltd fined £200,000 after employee falls to death

The Company admitted breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company provided portable accommodation units to the construction industry. Phillip Pearce, aged 55, had climbed onto the top of a stack of units to help attach lifting chains so that the top unit could be lifted down. He fell more than five metres and died at the scene. An investigation by the HSE showed that the company failed to follow its own health and safety guidelines for work at height, had not provided safety equipment and had not trained employees how to use such equipment. The company, was also ordered to pay £15,698.30 in costs at Maidstone Crown Court.

• Regentford Ltd of Hackney, London fined £250,000 after death of employee.

The Company was convicted of a breach of s 2(1) of the Health and Safety at Work Act over the 2005 death of employee Balwinder Kumar. Mr Kumar died after a fall from scaffolding in Croydon whilst re-pointing brickwork. The medical staff who attended the site after the accident were filmed by the BBC for its documentary "Trauma", and the HSE were able to obtain footage from the BBC which showed the scaffolding at the site in poor condition. This scaffolding had been removed before the HSE could investigate. Regentford Ltd were also required to pay £71,603.01 in costs.  

• Rubb Buildings Limited of Gateshead, fined £100,000 after death of employee

30-year-old employee Steven Watson fell through the roof of the disused Brymon hangar, at Bristol airport, in December 2006. Mr Watson fell approximately 30 feet onto the concrete floor below, and died at the scene from multiple internal injuries. The company pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. It was also ordered to pay costs of £48,795.36 by Bristol Crown Court.   

Do you need advice on setting up a Health and Safety Management system in your Company? Call the Acumen Team today to help protect your Company from the risk of a claim.