• Total Access Higher Safety
    Turner Access Chipmunk Data

    DELAY IN BRINGING PROSECUTION ABUSED PROCESS

    Judge halts HSE case after two year delay in starting proceedings 

    It has been reported (17th Jan) by the Blackpool Gazette that a judge sitting at Blackpool Magistrates Court has held that delay by HSE in bringing proceedings against Blackpool NHS Foundation Trust amounted to an abuse of process.

    The prosecution follows an accident at Blackpool Victoria Hospital in which a hospital laundryman fractured his arm whilst removing an obstruction from a conveyor belt.

    The accident took place in December 2011 and the HSE summons was received by the hospital in September 2013. The Trust applied for proceedings to be halted and has now been successful in a hearing before District Judge Edward Barr who refused to order £10,000 costs against the HSE.

    Giving his decision, the judge said:

    “I feel there has been an abuse of process. There has been a significant delay in this matter putting it lightly. There is also evidence Mr Earnshaw may have been the architect of his own misfortune.”

    The abuse of process hearing was told that had a trial gone ahead the Trust would have argued the laundryman had breached his work guidelines by going underneath the machine to try and dislodge an article with a knife. 

    HSE maintained the machine was not properly guarded and that the delay in starting proceedings was caused after the investigation was passed from one inspector to another. However, the judge added the delay was too long and that a fair trial of the Trust could not take place.

     

    Latest Construction Health and Safety News

    HSE ENFORCEMENT WEEKLY UPDATE 26th APRIL 2017

    hselogo1Prosecutions and enforcement notices weekly update and analysis

    Read the rest of this article »

    Posted on 27th April 2017

    FATALITY: HOMES PROJECT IN SCOTLAND

    Circumstances of construction worker death remain unclear

    Read the rest of this article »

    Posted on 24th April 2017

    HSE OPEN FEE FOR INTERVENTION CONSULTATION

    hselogo1Regulator proposal for revised FFI disputes process

    Read the rest of this article »

    Posted on 24th April 2017

    LIFTING OPERATION WITH EXCAVATOR CAUSED DEATH

    Groundworker fatally injured when struck by concrete drainage cover

    Read the rest of this article »

    Posted on 24th April 2017

    WATER FIRM FINED £1.8M AFTER WORKER DROWNED

    Workman fell through opening into sand filtration tank

    Read the rest of this article »

    Posted on 24th April 2017

    PC AND CONTRACTOR PAY PRICE FOR UNSAFE WORKING

    Dangerous working practices continued during ‘snowy’ weather

    Read the rest of this article »

    Posted on 24th April 2017

    HSE ENFORCEMENT WEEKLY UPDATE 19th APRIL 2017

    hselogo1Prosecutions and enforcement notices weekly update and analysis

    Read the rest of this article »

    Posted on 20th April 2017

    TOUGHER COURT PENALTIES UNDER NEW GUIDELINES

    Analysis of health and safety prosecutions reveals rise on most metrics

    Read the rest of this article »

    Posted on 18th April 2017

    HSE ENFORCEMENT WEEKLY UPDATE 12th APRIL 2017

    hselogo1Prosecutions and enforcement notices weekly update and analysis

    Read the rest of this article »

    Posted on 18th April 2017

    STOP. MAKE A CHANGE DAY – 18th APRIL 2017

    Infrastructure sector holds first ever ‘National Stand-Down Day’

    Read the rest of this article »

    Posted on 18th April 2017

    ELECTRICIAN FAILED TO PROTECT HIS TRAINEE

    Community service sentence after apprentice fell through ceiling

    Read the rest of this article »

    Posted on 18th April 2017

    CLIENT FINED OVER ABSENT ASBESTOS SURVEY

    Refurbishment project commenced before survey undertaken

    Read the rest of this article »

    Posted on 18th April 2017

    GROUNDWORKER LEFT PARALYSED BY FALLING PIPE

    Gas infrastructure business failed to maintain safe system of work

    Read the rest of this article »

    Posted on 18th April 2017

    MAJOR CONTRACTOR FAILED ON POWER LINE RISK

    Workman suffers severe burns after post touches 11kV overhead cable

    Read the rest of this article »

    Posted on 6th April 2017

    HSE ENFORCEMENT WEEKLY UPDATE 6th APRIL 2017

    hselogo1Prosecutions and enforcement notices weekly update and analysis

    Read the rest of this article »

    Posted on 6th April 2017

    LADDER UNSUITABLE FOR IVY CLEARING TASK

    Electricity supplier fined £900,000 after linesman ladder fall

    Read the rest of this article »

    Posted on 3rd April 2017

    ABSENCE OF ASBESTOS SURVEY PUT FIRMS IN COURT

    Contractor and removal firm jointly responsible for failings

    Read the rest of this article »

    Posted on 3rd April 2017

    WORKING WELL TOGTHER DESIGNER CDM EVENT

    Designer Awareness Day – Preventing Occupational Disease through Design

    Read the rest of this article »

    Posted on 3rd April 2017

    INDUSTRY BODIES STRUCTURE MEWP SAFETY ALERTS

    Strategic Forum Plant Safety Group publishes Safety Alert Protocol

    Read the rest of this article »

    Posted on 3rd April 2017

    ASPHALT MIXER CLAIMS FINGERS OF WORKMAN

    Guarding on mixing machine below the safety standard required

    Read the rest of this article »

    Posted on 3rd April 2017

    FATALITY: SECOND WINDFARM DEATH IN TWO WEEKS

    Workman fell on operational windfarm under maintenance

    Read the rest of this article »

    Posted on 3rd April 2017

    HSE ENFORCEMENT WEEKLY UPDATE 29th MAR 2017

    hselogo1Prosecutions and enforcement notices weekly update and analysis

    Read the rest of this article »

    Posted on 29th March 2017

    UTILITY COMPANY CONVICTED AFTER FALL

    Workman died when fall protection lanyard accidentally severed

    Read the rest of this article »

    Posted on 28th March 2017

    INTENDED SYSTEM UNSAFE … AND NOT FOLLOWED

    Principal contractor and partner failed to protect from roof fall hazard

    Read the rest of this article »

    Posted on 28th March 2017

    DRAMATIC RESCUE FROM HEIGHT CAUGHT ON VIDEO

    Painter in US saved by fall arrest and rescued after platform failure

    Read the rest of this article »

    Posted on 28th March 2017
    Turner Access Chipmunk Data
    Total Access Higher Safety