Tuesday 9 October 2012

You can be prosecuted for breaking H&S Law, even if no one is harmed

When things have gone wrong, people sometimes respond by saying things like "I don't know what the fuss is about, nobody got harmed". Good Health and Safety practise is about protecting people from harm and it means that companies need to act to protect employees from harm, as the case below demonstrates.

Aylesbury Magistrates' Court sentenced a microbrewery in October 2012 for failing to take sufficient action to prevent unsafe work at height and failing to improve manual handling at its Marsh Gibbon production plant.  The brewery was warned back in May 2010 that it needed to improve after the Health and Safety Executive (HSE) served an Improvement Notice requiring action to protect workers transferring materials from racking to processing machinery.  The HSE inspector raised concerns about manual handling operations, principally the filling of hoppers with malt and barley, which involved employees lifting heavy sacks weighing up to 25kg in awkward circumstances. The notice required the company to carry out a thorough assessment of the (manual) handling risks and to take appropriate action.
 
The court heard that the HSE revisited the brewery in November 2010 and again in February 2011, but on both occasions little had changed. Concerns were also expressed about a mezzanine floor that was accessible via inadequate steps and a second Improvement Notice was served in March 2011.

The brewery was fined £6,000 and ordered to pay costs of £8,623 after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and Regulation 6(3) of the Work at Height Regulations 2005.

The HSE Inspector (Stephen Manley) said:
 
"The response of Oxfordshire Ales to the original Improvement Notice was disappointing to say the least. The improvements were necessary in order to protect workers from injury and prevent falls, yet the company took far too long to take appropriate action.  Thankfully no employees were hurt, but there were clear risks that could easily have been remedied a lot sooner."

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