The OzJoke Blog

October 7th, 2009

Employer Pleads Guilty for Infringement of Health and Safety Laws

Recently the Swindon Crown Court imposed a heavy fine and costs on a recycling company named Shanley and Sons Ltd of Trowbridge. This Wiltshire-based company was prosecuted by the Health and Safety Executive (HSE) for violation of Section 2 (1) of the Health and Safety at Work Act and Regulation 17 of the Workplace (Health, Safety and Welfare) Regulations 1992. The court held the company guilty on both counts, saying that it had not only failed to keep vehicles away from pedestrian areas but had also failed to have any safety measures in place for its employees.

The prosecution followed the death of 62-year-old Bert Reeves, who was an employee of the company and was posted at its Trowbridge site. On 21st June 2007, when he was working on foot in the site, a reversing lorry hit him and injured him. He was admitted to the hospital but he did not survive. The lorry had hit him because he was not visible in its rear view mirror due to a blindspot.

An HSE investigation proved that the work practices followed at the Trowbridge waste site were very dangerous and risked the lives of the employees. The site was a small place that was ill managed, cluttered with rubbish, and crowded with too many workers and trucks. The management had also not installed proper communication mechanisms in the area. The HSE claimed that the death could have been avoided if all the requisite safety measures had been taken.

Companies need to be sure they are giving the correct instructions to employees with regard to health and safety issues - click on NEBOSH Safety, for courses which can assist companies in training staff. The company acknowledged its liability for the infringements and accepted the punishment imposed by the court.

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