Turner Access Higher Safety Total Access
Total Access Ethentic Chipmunk Data
Chipmunk Data Turner Access Ethentic

RECENT HIGH FINE CASES

Court fines reflect disquiet over workplace deaths

Robin Cooper, Director with Solicitors HRJ highlights some recent high fine cases and asks… Can you afford to gamble with lives?

“Fines recently imposed on employers responsible for the deaths of employees or members of the public demonstrate that the criminal courts continue to follow the advice of the Court of Appeal, given in 1998, that the fine needs to bring home to company managers and shareholders the message that the objective of health and safety prosecutions is to achieve a safe environment for the workforce and other members of the public who may be affected.

At Swansea Crown Court in December 2008 the operator of a theme park was fined £250,000 after a 16 year old girl fell to her death from one of the rides.

Also in December 2008, at Dundee Sheriff’s Court, an engineering company was fined £300,000 after one of its electricians was electrocuted when he touched a live cable which was labelled “Not in Use”.

The death of a member of the public who came into contact with a fallen power cable while walking across a field cost the power distribution company a fine of £200,000 imposed at Plymouth Crown Court in January 2009.

Recently the Court of Appeal considered the appeal against sentence of a large distribution and warehousing organisation which had earlier been fined a total of £325,000 after an employee received fatal injuries by being crushed between two trailers. The Court of Appeal actually reduced the fines – but only to £275,000.

In these four cases the fines averaged £256,250 but in addition there were orders for substantial prosecution costs, £80,000 in one case alone, and it needs to be emphasised that these fines and costs are not an insurable risk. There are also to be considered the “hidden” costs, notably the cost of the preventative measures needed to be introduced to ensure that there is no repetition (powerful mitigation when being sentenced) and the loss of the competitive edge in tendering when a previous conviction for a health and safety offence is required to be disclosed.

And, of course, the most significant cost is the tragic loss of a human life. As the Court of Appeal said in 1998 “the penalty should reflect public disquiet at the unnecessary loss of life”.

© Robin Cooper , Director , HRJ Law LLP , Direct Dial: 01707 690957, Mobile: 07740029679, Fax: 01707 887701

Latest Construction Health and Safety News

TIPPER TRUCK STRUCK PEDESTRIAN ON SITE ROAD

Contractor fined £500,000 over poor traffic management arrangements

Read the rest of this article »

Posted on 16th February 2018

FALLING SCAFFOLD CLIP STRUCK PASSER-BY

Firm failed to follow risk assessment and method statement

Read the rest of this article »

Posted on 16th February 2018

HSE ENFORCEMENT WEEKLY UPDATE 14th FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 16th February 2018

HOMES FIRM FINED £1/2M OVER DUMPER DEATH

Developer and contractor failed to manage people and plant interface

Read the rest of this article »

Posted on 14th February 2018

SUPREME COURT RULES ON HSE ENFORCEMENT NOTICES

Post service evidence can be used to support HSE notice appeals

Read the rest of this article »

Posted on 9th February 2018

SAFE INSTALLATION OF PRE-CAST FLOORING

Code of Practice for health and safety updated by industry federation

Read the rest of this article »

Posted on 8th February 2018

HSE ENFORCEMENT WEEKLY UPDATE 8th FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 8th February 2018

MANUAL HANDLING MUST INVOLVE ‘REAL RISK’

Court provides clarity on manual handling risk assessment rules

Read the rest of this article »

Posted on 7th February 2018

SKIP LORRY DRIVER FATALLY INJURED BY LOADER

Hire company fined after lorry driver crushed between two vehicles

Read the rest of this article »

Posted on 5th February 2018

PUBLIC RISK COSTS CONTRACTOR DEARLY

Principal Contractor failed to assess and supervise work

Read the rest of this article »

Posted on 5th February 2018

TUBES FELL WHILST LIFTING OVER PERSONS BELOW

Lifting operations were not carried out in safe manner

Read the rest of this article »

Posted on 2nd February 2018

‘DAREDEVIL’ SCAFFOLDER LANDS IN DOCK

Former HSE Inspector snaps dangerous working practices at 60 feet

Read the rest of this article »

Posted on 2nd February 2018

HSE ENFORCEMENT WEEKLY UPDATE 1st FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 1st February 2018

DIDCOT FATAL COLLAPSE: INVESTIGATION UPDATE

Police and HSE still seeking to understand why boiler house collapsed

Read the rest of this article »

Posted on 1st February 2018

SCAFFOLDER TRAINING REACHES NEW HEIGHTS

CISRS training card renewal by CPD embraced by scaffolders

Read the rest of this article »

Posted on 30th January 2018

HSE SUMMARY OF CONSTRUCTION SECTOR HARM

Infographic provides insight into industry priority hazards

Read the rest of this article »

Posted on 29th January 2018

FIRM FAILED TO IMPLEMENT AGREED CONTROLS

Risk assessment carried out but precautions not taken

Read the rest of this article »

Posted on 29th January 2018

HSE MUSCULOSKELETAL DISORDERS SUMMIT 2018

hselogo1Regulator focuses on MSDs in construction and others sectors

Read the rest of this article »

Posted on 28th January 2018

LOAD FELL FROM MAGNET AND STRUCK WORKMAN

Firm failed to properly assess and revise crane safe working load

Read the rest of this article »

Posted on 25th January 2018

RAISING THE BAR ON LIFTING OPERATIONS SKILLS

New ‘Lifting Technician Trailblazer Apprenticeship’ ready for delivery

Read the rest of this article »

Posted on 24th January 2018

HSE ENFORCEMENT WEEKLY UPDATE 24th JAN 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 24th January 2018

SCAFFOLDING FIRM FINED OVER UNSAFE LOADING

Bin of scaffold fittings lifted by crane struck scaffolder

Read the rest of this article »

Posted on 24th January 2018

FATAL FALL FROM EDGE OF INDUSTRIAL ROOF

Suitable protection missing during installation of roof sheets

Read the rest of this article »

Posted on 23rd January 2018

MANAGER AND PC FAILED TO ACT ON ASBESTOS SURVEY

Principal contractor and site manager sentenced over AIB dust

Read the rest of this article »

Posted on 23rd January 2018

VEHICLE COLLISION ‘EJECTED’ MEWP OPERATOR

Fatal fall caused by failure to manage WAH and transport operations

Read the rest of this article »

Posted on 23rd January 2018
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access