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Health and safety fines bulletin: 24 January 2018

R (upon the prosecution of Her Majesty's Inspectors of Health and Safety) v Whirlpool UK Appliances Ltd[2017] EWCA Crim 2186, 20/12/2017On 21 March 2017 at the Crown Court at Bristol the appellant

R (upon the prosecution of Her Majesty's Inspectors of Health and Safety) v Whirlpool UK Appliances Ltd

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 or Elliott Kenton of our Health and Safety Group.

 

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