IN THE COURTS
HSE CROWN CENSURE OVER
DRIVER DEATH The Ministry of Defence (MoD) has been issued with a Crown Censure by the Health and Safety Executive (HSE) after an agency driver, working for the MoD, was fatally injured by a reversing vehicle.
Mr Graham Wood, 55, of Bicester, Oxfordshire, was crushed between a reversing lorry and a stationary vehicle on the evening of 19th November 2013.
A Crown censure is the way in which HSE formally records the decision that, were it not for the Crown's immunity, the evidence of a Crown body's failure to comply with health and safety law would have been sufficient to provide a realistic prospect of securing a conviction.
Mr Wood and a colleague were delivering goods to a large holding area in MoD Kineton, Southam, Warwickshire when the incident happened.
The HSE investigation found the MoD failed to assess the risks created by the movement of large vehicles in the area.
The HSE inquiry also found that the MoD failed to ensure a safe system of work was in place to identify and control the risks presented by the movement of large vehicles in this area.
Following the incident, a safe system of work including marked parking bays, well defined walkways for pedestrians and a one way system has been introduced.
After delivering the Crown Censure, Jane Lassey, HSE’s Deputy Director of Field Operations said: “The risks arising from vehicle movements are well known and suitable measures required to reduce these risks are understood.
“Like any other employer, the MoD has a responsibility to reduce dangers to agency workers, as well as their own employees, on their sites as far as they properly can, and in this case they failed Graham Wood.”
By accepting the Crown Censure, the MoD admitted breaching its
10
CARE HOME FINED AFTER BOY
DROWNED A Kettering-based care home company has been fined after a 16-year-old boy drowned at a disused quarry on a day trip.
The Old Bailey heard how two 16-year-old boys who were residents at Castle Lodge Home near Ely, Cambridgeshire, were taken on a day trip to Bawsey Country Park near Kings Lynn, Norfolk.
On the 16th July 2013 the two boys entered the disused sand quarry, containing parkland and flooded pits, and went into the water at the pits despite the ‘no swimming’ signs.
One of the two boys became trapped in weed on the bottom of the pit and drowned. His body was recovered later.
duty under Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974 in that they exposed their employees and those not directly employed by MoD, to risks to their
An investigation by the Health and Safety Executive (HSE) into the incident found the two residential support workers who accompanied the boys had very little experience and did not attempt to prevent the children entering the water.
No risk assessment was carried out prior to the trip and Castle Homes’ procedures were ineffective in ensuring the safety of the children while on trips outside of the home.
Castle Homes Limited, of High Street, Rothwell, Kettering, pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work etc Act 1974, was fined £80,000 and ordered to pay costs of £20,000.
Speaking after the hearing, HSE inspector Anthony Brookes said: “This boy’s tragic death was entirely preventable if the Care Home had planned properly and managed the risk of taking residents to the abandoned quarry.”
health, safety and welfare. Those risks manifested themselves in a lack of a safe system of work.
www.hse.gov.uk www.tomorrowshs.com
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