Health and safety fines bulletin: 7 March 2018
Health and safety appeals
R. v John Henry and Sons Ltd (judgment available on Westlaw)
[2018] EWCA Crim 30, 16/01/2018
There had been a failure by the crown court properly to take into account the powerful mitigation when sentencing the appellant for an offence contrary to s 3(1) of the Health and Safety at Work Act 1974. Accordingly, the Court of Appeal, Criminal Division, allowed the appeal and reduced the fine payable from £550,000 to £500,000.
Health and safety fines
In decreasing fine order
Company fined £1.1m following Red Arrows pilot death
Injury: Death
Fine: £1.1million (see also: Sentencing Remarks)
Entity: Martin Baker Aircraft Limited
Legislation: Section 3 (1) of the Health and Safety at Work etc. Act 1974
Costs: £550,000
Sources: HSE, 23 February 2018; Judiciary, 27/02/2018
Air cargo baggage handling company fined following two incidents at Luton Airport
Injury: One worker sustained bruising and damage to spine; second worker suffered impact injury to foot.
Fine: £502,000
Entity: Swissport GB Ltd
Legislation: Sections 2 (1) and 3 (1) of the Health and Safety at Work etc. Act 1974 and Regulation 4 (1) of the Work at Height Regulations 2005
Costs: £44,444
Source: HSE, 26 February 2018
Companies fined after scaffolder struck by dumper truck and killed
Injury: Death
Fines: £500,000 (Redrow Homes)
£300,000 (WPI Civil Engineering)
Entities: Redrow Homes Limited
WPI Civil Engineering Limited
Legislation: Section 3(1) and Section 33(1)(c) of the Health and Safety at Work etc. Act 1974 (both companies)
Costs: £101,000 (Redrow Homes)
£17,000 (WPI Engineering)
Source: HSE, 9 February 2018
Company fined after falling scaffold clips hits pedestrian
Injury: Cuts to head and face, broken nose and severely bruised skull
Fine: £160,000
Entity: Alandale Plant & Scaffolding Ltd
Legislation: Section 3(1) of the Health and Safety at Work etc. Act 1974
Costs: £7,059.08 and a victim surcharge of £170.
Source: HSE, 15 February 2018
Care home operator fined after death of vulnerable patient
Injury: Death
Fine: £120,000
Entity: Akari Care Limited
Legislation: Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974
Costs: £41,997.48
Source: HSE, 22 February 2018
Packaging company fined after worker left with life-changing injury
Injury: Part index finger and ring finger amputated, middle finger damaged
Fine: £120,000
Entity: W.K.West Limited
Legislation: Section 2 (1) of the Health and Safety at Work etc. Act 1974
Costs: £849.54
Source: HSE, 9 February 2018
Food manufacturer prosecuted after worker left seriously-injured
Injury: Broken ribs, collapsed lung, large blood clot under armpit
Fine: £40,000
Entity: Kamkee Food Limited
Legislation: Section 2(1) of the Health and Safety at Work etc. Act 1974 and Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998
Costs: £1,599.60
Source: HSE, 14 February 2018
Recycling company fined after explosion
Injury: Eight people injured, five seriously. One worker planed in an induced coma.
Fines: £30,000 (Ereco)
£16,000 (Paramount Waste)
Entities: Ereco EMEA Corporation Ltd
Paramount Waste Extraction Ltd
Legislation: Section 2(1) of the Health and Safety at Work etc. Act 1974 (Ereco)
Section 3(1) of the Health and Safety at Work etc. Act 1974 (Paramount Waste)
Costs: £30,000 (Ereco)
£16,000 (Paramount Waste)
Source: HSE, 27 February 2018
Manufacturing company fined after worker suffers life-changing injury
Injury: Right thumb amputated
Fine: £14,170
Entity: Mekufa (UK) Limited
Legislation: Section 2(1) of the Health and Safety at Work etc. Act 1974
Costs: £2,849.50
Source: HSE, 12 February 2018
Manufacturing company fined after worker’s hand was partially severed
Injury: Fingers and part of palm severed
Fine: £10,000.00
Entity: Mercury Specialist Frames Limited
Legislation: Section 2(1) of the Health and Safety at Work etc. Act 1974
Costs: £2057.72
Source: HSE, 13 February 2018
Recycling company fined after worker injured
Injury: Compound fracture to arm
Fine: £8,000
Entity: Anglo Recycling Ltd
Legislation: Section 2(1) of the Health and Safety at Work etc. Act 1974
Costs: £5,500
Source: HSE, 20 February 2018
Manufacturing company and contractor fined after failing to prevent exposure to asbestos
Injury: None; fine for exposure of workers to asbestos
Fine: £8,000
Entity: Carter Brothers (Rochdale) Ltd
Legislation: Section 3(1) of the Health and Safety at Work etc. Act 1974
Costs: £3,913.94
Source: HSE, 8 February 2018
Steel stockholder fined after worker crushed by steel coil
Injury: Life-changing injuries to both legs (left leg later amputated)
Fine: £1 (the company is in administration)
Entity: CSJ Coil Trading Limited
Legislation: Section 3(1) of the Health and Safety at Work etc. Act 1974
Costs: £1,745.60
Source: HSE, 8 February 2018
MOD receives Crown Censure following Royal Navy technician death
Injury: Death
Fine: None: Crown censure
Entity: Ministry of Defence
Legislation: Section 2(1) of the Health and Safety at Work etc. Act 1974
Costs: n/a
Source: HSE, 9 February 2018
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.