A Preston based Recycling Company (‘the company’) has been fined after pleading guilty to breaching Health & Safety Regulations which resulted in an accident from which an employee suffered serious injuries.
Amandeep Murria of Kangs Solicitors sets out the circumstances.
The Circumstances | Kangs Solicitors Health and Safety Team
- Whilst removing waste material, the employee’s hand became trapped between the driver roller of a magnetic separator and the conveyor belt resulting in extensive damage to his forearm.
An investigation undertaken by The Health & Safety Executive discovered that the company failed:
- to provide suitable training on proper use of the equipment
- to ensure the employees were suitably supervised
- to provide protective guard plates.
The Relevant Law | Kangs Regulatory Law Advisors
The Health and Safety at Work etc. Act 1974 (‘the Act’) provides:
‘2 General duties of employers to their employees.
(1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.
(2) Without prejudice to the generality of an employer’s duty under the preceding subsection, the matters to which that duty extends include in particular—
(a) the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health;
(b) arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;
(c) the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees;
(d) so far as is reasonably practicable as regards any place of work under the employer’s control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks;
(e) the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.’
The Hearing | Kangs Health and Safety Experts
The company pleaded guilty to breaching Regulation 2 (1) of the Act and was:
- fined £20,000
- ordered to pay Prosecution Costs of £1300
An Inspector from the Health & Safety Executive, Anthony Banks was quoted as saying:
“This incident could easily have been avoided if the company had put procedures in place to ensure that guard plates were maintained correctly, and their use was properly supervised.
“HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
How Can We Help? | Kangs Safety At Work Solicitors
Our specialist solicitors are able to provide advice and assistance throughout the entire criminal process, from the initial intervention by the Health and Safety Executive through to enforcement, interview under caution and ultimately the defence of any ensuing criminal prosecution.
Who Can I Contact For Help? | Kangs National Criminal Defence Solicitors
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