Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic 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

    HSE CONSTRUCTION DUST CONTROL ‘BLITZ’ STARTS

    Regulator inspections will check health taken as seriously as safety

    Read the rest of this article »

    Posted on 20th September 2018

    FLOOR CONSTRUCTION SYSTEM OF WORK UNSAFE

    Welder fell 3m from mezzanine area through purlin openings

    Read the rest of this article »

    Posted on 20th September 2018

    WORKER SUFFERS FATAL BURNS IN OXYGEN RICH AREA

    Sparks from angle grinder ignited clothing of workman in confined space

    Read the rest of this article »

    Posted on 19th September 2018

    RIBA PUBLISH DRAFT POST GRENFELL FIRE SAFETY PLAN

    Architects institute consults on ‘golden thread of fire safety information’

    Read the rest of this article »

    Posted on 19th September 2018

    MAJOR UK CONTRACTORS HIT BY MAJOR FINES

    Firms ordered to pay over £3m after foot trapped in rotating ‘screw’

    Read the rest of this article »

    Posted on 19th September 2018

    HSE ENFORCEMENT WEEKLY UPDATE 19th SEPT 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 19th September 2018

    DRIVER DIED TRAPPED BETWEEN TRAILER AND VEHICLE

    Firm fined £1.5 million over failure to assess coupling operations

    Read the rest of this article »

    Posted on 14th September 2018

    ACTUAL SYSTEM OF WORK WAS OPPOSITE OF RAMS

    Workman fell 4m through fragile asbestos roof sheet

    Read the rest of this article »

    Posted on 13th September 2018

    CDM PRINCIPAL DESIGNER FUNCTION MISUNDERSTOOD?

    Consultants claim CDM 2015 design risk management has ‘gone backwards’

    Read the rest of this article »

    Posted on 8th September 2018

    RISK ASSESSED PRECAUTIONS NOT IMPLEMENTED

    Action not paperwork essential to prevent fall during lifting operation

    Read the rest of this article »

    Posted on 7th September 2018

    CROSSRAIL PUBLISH BEST PRACTICE H&S GUIDES

    Sharing major project best practice can leave a lasting legacy

    Read the rest of this article »

    Posted on 5th September 2018

    SCHOOL STAFF LACKED ASBESTOS AWARENESS TRAINING

    Council fined £200k over asbestos flue and gasket rope failures

    Read the rest of this article »

    Posted on 5th September 2018

    INCIDENT: MEWP OVERTURN IN CITY CENTRE

    Images show aftermath of mobile elevating platform collapse

    Read the rest of this article »

    Posted on 5th September 2018

    SAFETY ALERT: DEFECTIVE SCAFFOLD COUPLER

    National Access and Scaffolding Confederation issues warning

    Read the rest of this article »

    Posted on 31st August 2018

    DEMOLISHING INTERNAL WALL REVEALED ASBESTOS

    Firm lacked survey and asbestos management plan for premises

    Read the rest of this article »

    Posted on 31st August 2018

    NEW HEALTH AND SAFETY TEST FOR ARCHITECTS

    RIBA raise the bar for members on design risk management and ‘life safety’

    Read the rest of this article »

    Posted on 31st August 2018

    POWER BUSINESSES FAILED ON LIFTING OPERATION

    Panel fell on workman during turbine maintenance project

    Read the rest of this article »

    Posted on 31st August 2018

    MAJOR INFRASTRUCTURE FIRM COMMITS TO ZERO HARM

    Behaviours to deliver zero lost time injury incident rate by 2021

    Read the rest of this article »

    Posted on 31st August 2018

    MANAGING TOWER CRANE FALLING OBJECT RISK

    CPA issues new technical information note

    Read the rest of this article »

    Posted on 31st August 2018

    POST EXPLOSION ASBESTOS WORK WAS UNSAFE

    Asbestos cement panels removed and cut with power tools

    Read the rest of this article »

    Posted on 31st August 2018

    FALL THROUGH UNFLOORED FACTORY ROOF SPACE

    Non-routine tasks require assessment and clear risk controls

    Read the rest of this article »

    Posted on 31st August 2018

    SEVENTH LONDON CYCLIST DEATH DURING 2018

    Building products vehicle involved in death of Queens doctor

    Read the rest of this article »

    Posted on 17th August 2018

    MAJOR CONTRACTOR FAILED TO SUPERVISE LIFT

    Errors whilst lifting pre-cast concrete blocks fined £600,000

    Read the rest of this article »

    Posted on 14th August 2018

    FIRM FINED £400,000 OVER VIBRATING TOOLS RISK

    Hand-held orbital sanders, rivet guns, grinders and drills caused harm

    Read the rest of this article »

    Posted on 14th August 2018

    OVERHEAD POWER AND EARTHING OF SCAFFOLDS

    NASC combines updates advice on scaffold electrical risks

    Read the rest of this article »

    Posted on 9th August 2018
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic