Health and safety fines bulletin: 24 January 2018
2017] EWCA Crim 2186, 20/12/2017
On 21 March 2017 at the Crown Court at Bristol the appellant company was sentenced by His Honour Judge Patrick to pay a fine of £700,000 having earlier pleaded guilty to an offence contrary to section 3(1) of the Health and Safety at Work Act 1974. This prosecution was brought following the death of Mr. Clive Dalley, a self-employed alarm and telecommunications contractor, who died as a result of an accident at the appellant's premises on 21 March 2015. This appeal against sentence is brought with leave of the single judge. Mr Adamson, who appears for the appellant before us submits that the judge erred in his application of the Definitive Guideline on Corporate Manslaughter, Health and Safety and Food and Safety Hygiene Offences, effective from February 2016, with the result that the sentence imposed was manifestly excessive. Three issues fall for particular consideration in this appeal. First, the impact of a death on the approach to the ranges set out in the Guideline. Secondly, how one identifies and then treats a "very large organisation" for the purposes of the Guideline. Thirdly, the impact of relatively poor profitability in the context of an organisation with a substantial turnover.
Health and safety fines
In decreasing fine order
|
Company fined after employees exposed to asbestos fibres |
|
|
Injury: |
13 employees and contractors were exposed to asbestos fibres |
|
Fine: |
£300,000 |
|
Entity: |
SSE Hornsea Ltd |
|
Legislation: |
Sections 2 (1) and 3(1) of the Health & Safety at Work etc. Act 1974 |
|
Costs: |
£12,670.72 |
|
Source: |
HSE, 17 January 2018 |
|
Lewisham council fined after failing to control risk |
|
|
Injury: |
Fined for failing to manage and control the risk of persons falling into vehicle inspection pits |
|
Fine: |
£150,000 |
|
Entity: |
London Borough of Lewisham of Lewisham |
|
Legislation: |
Section 3(1) of the Health and Safety at Work etc. Act 1974 |
|
Costs: |
£65,000 |
|
Source: |
HSE, 11 January 2018 |
|
Trailer repair company fined after worker killed |
|
|
Injury: |
Death |
|
Fine: |
£120,000 |
|
Entity: |
SPR Trailer Services Limited |
|
Legislation: |
Section 2(1) of the Health and Safety at Work etc. Act 1974 |
|
Costs: |
None reported |
|
Source: |
HSE, 18 January 2018 |
|
Construction company fined after worker killed |
|
|
Injury: |
Death |
|
Fine: |
£100,000 |
|
Entity: |
C & R Construction (SW) Ltd |
|
Legislation: |
Section 2(1) of The Health and Safety at Work etc. Act 1974 |
|
Costs: |
£11,060.40 |
|
Source: |
HSE, 19 January 2018 |
|
Civil engineering company fined after death of employee |
|
|
Injury: |
Death |
|
Fine: |
£75,000 |
|
Entity: |
RMB Contractors Ltd |
|
Legislation: |
Section 2(1) of the Health and Safety at Work etc. Act 1974 |
|
Costs: |
£24,482.80 |
|
Source: |
HSE, 8 January 2018 |
|
Principal contractor and site manager sentenced following asbestos exposure at a construction site |
|
|
Injury: |
Workers exposed to asbestos |
|
Fines: |
£20,000 (Kynersley) £9,000 (M&S Developments) |
|
Entities: |
Kynersley Management Services Limited M&S Developments (Bemrose Court) Limited |
|
Legislation: |
Section 3(1) of the Health & Safety at Work etc. Act 1974 (Kynersley) Section 2(1) of the Health & Safety at Work etc. Act 1974 (M&S Developments) |
|
Costs: |
£1,531.66 (Kynersley) £3,336 (M&S Developments) |
|
Source: |
HSE, 18 January 2018 |
|
Engineering company fined after worker injured |
|
|
Injury: |
Left leg had to be amputated |
|
Fine: |
£8,000 |
|
Entity: |
Puma Engineering and Construction Limited |
|
Legislation: |
Section 2(1) of the Health and Safety at Work etc. Act 1974 |
|
Costs: |
£3781.04 |
|
Source: |
HSE, 5 January 2018 |
|
Company fined after member of the public injured by falling branch |
|
|
Injury: |
Injury to right foot and ankle |
|
Fine: |
£2,000 |
|
Entity: |
Gibsons Joiners and Builders Ltd t/a Gibsons Treecare |
|
Legislation: |
Section 3(1) of the Health and Safety at Work etc. Act 1974 |
|
Costs: |
£2,000 |
|
Source: |
HSE, 21 December 2017 |
A round-up of recent fines and costs resulting from health and safety related incidents. For further information on any of these matters please contact Andrew Sanderson of our Health and Safety Group.