April 2013 Health and Safety Legal Update:
This months update covers the case where a building owner was given a large fine (£63,000 with £16,000 costs) when significant failings were identified during a building refurbishment project, including removal of Asbestos by unqualified workers and very poor working at height procedures.
The sub-contractor who was acting as site manager was given a suspended prison sentence and given 200 hour community service with costs of £3,500.
The main breaches were in relation to none compliance with the Construction (Design and Management) Regulations 2007.
The reason for such a high fine without a serious injury demonstrates the seriousness of the numerous health and safety breaches, that the company showed a complete disregard for health and safety laws and that it was only through their good luck that no-one was seriously injured or killed.
Another case in West Bromwich where a worker lost a finger when removing a piece of glass which had become lodged in a machine resulted in a £2,000 fine with nearly £5,000 costs. The guarding on the machine
Another case where two related incidents occurred at the same steel factory. When using machinery which not up to current standards it may be necessary to fit additional guarding to prevent access to dangerous parts. This example demonstrates how the health and safety executive treat similar incidents more seriously, if the perceive that lessons were not learnt in previous incidents where injuries have occured. The steel manufacturer from Dudley in this example should have reviewed guarding, Risk Assessments, Safe Systems of Work and training, after the first incident. Had they done so the second incident may not have occurred. This resulted in a fine of £11,000 and nearly £8,000 in costs.
I'm Insured against personal injuries so why should I worry?
Remember that the rule of thumb for most workplace incidents is that for every £1 of cost a company can be insured for, following an incident approximately £10 is not insured. Companies can and must insure against personal injury claims through Public Liability and Employers Liability insurance. Fines as a result of a health and safety conviction cannot be insured for as they are a criminal act, in the eyes of the law. As other direct and indirect costs related to incidents cannot be insured (e.g. loss of reputation, damage to equipment/ property, loss of sales/ production, legal costs, overtime payments, sick pay, cost for managers/ employees to deal with enforcing officers requests, increased insurance premiums and now the Fee For Intervention Scheme!)