The fines and costs which may flow from a safety related incident can be significant, not to mention the reputational stigma which the company will suffer. We set out below examples of recent prosecutions which give a flavour of the sentences handed down following conviction. For further information on any of these cases please do not hesitate to contact Rhys Griffiths of our Corporate Risk Management Group. -
In decreasing fine order
Injury: |
Death |
Fine: |
£180,000 |
Company: |
Recresco Ltd |
Legislation: |
Section 3(1) of the Health and Safety at Work etc. Act 1974 |
Costs: |
£38,693 |
Source: |
HSE, 18 December 2014 |
Hospital trust fined £180,000 after patient suffers debilitating burns from super-heated mattress |
|
Injury: |
Third degree burns to hip and buttock |
Fine: |
£180,000 |
Company: |
Maidstone and Tunbridge Wells NHS Trust |
Legislation: |
Section 3(1) of the Health and Safety at Work etc. Act 1974 |
Costs: |
£14,970 |
Source: |
HSE, 18 December 2014 |
Injury: |
Life-threatening injuries including having all ribs broken; back and shoulder injuries; injuries to the top of left leg; a chip to the back of skull and a number of cuts and bruises |
Fine: |
£160,000 |
Company: |
Kier MG Ltd |
Legislation: |
Section 2(1) of the Health and Safety at Work etc. Act 1974 Regulation 17(1) of the Workplace (Health, Safety and Welfare) Regulations 1992 |
Costs: |
£9,809 |
Source: |
HSE, 8 January 2015 |
Injury: |
Death |
Fine: |
£150,000 |
Company: |
European Metal Recycling Ltd |
Legislation: |
Section 3(1) of the Health and Safety at Work etc. Act 1974 |
Costs: |
£80,000 |
Source: |
HSE, 19 December 2014 |
£150,000 fine for Chessington over youngster's severe injuries |
|
Injury: |
Fractured skull, bleeding to the brain and broken ribs |
Fine: |
£150,000 |
Company: |
Chessington World of Adventures Operations Ltd |
Legislation: |
Section 3(1) of the Health and Safety at Work etc. Act 1974 |
Costs: |
£21,614 |
Source: |
HSE, 12 January 2015 |
Injury: |
Death |
Fines: |
£85,000 (for Ward Bros) £60,000 (for CEMEX) |
Companies: |
Ward Bros (Plant Hire) Ltd CEMEX UK Materials Ltd |
Legislation: |
Section 2(1) of the Health and Safety at Work etc. Act 1974 (for Ward Bros) Section 3(1) of the Health and Safety at Work etc. Act 1974 (for CEMEX) |
Costs: |
£55,000 (for Ward Bros) £37,500 (for CEMEX) |
Source: |
HSE, 23 December 2014 |
Life-changing injuries of two employees lead to court for Newport company |
|
Injury: |
One worker: severe internal and external injuries. Broke knees, left wrist, right thigh and suffered trauma to head. Second worker: amputation of left arm and scarring to face |
Fine: |
£70,000 |
Company: |
Moonsys Technology Ltd |
Legislation: |
Section 2(1) of the Health and Safety at Work etc. Act 1974 |
Costs: |
£20,710 |
Source: |
HSE, 13 January 2015 |
Recycling company in court after worker fell from conveyor belt |
|
Injury: |
Multiple rib fractures |
Fine: |
£70,000 |
Company: |
BW Riddle |
Legislation: |
Section 2(1) of the Health and Safety at Work etc. Act 1974 |
Costs: |
£18,000 |
Source: |
HSE, 23 December 2014 |
Injury: |
Death |
Fine: |
£66,000 |
Company: |
Gardiner Colours Ltd |
Legislation: |
Section 2(1) of the Health and Safety at Work etc. Act 1974 |
Costs: |
£50,000 |
Source: |
HSE, 7 January 2015 |
Injury: |
Life-changing injuries including five fractures to pelvis |
Fine: |
£50,000 |
Company: |
DHL Express (UK) Ltd |
Legislation: |
Section 2(1) of the Health and Safety at Work etc. Act 1974 |
Costs: |
£15,698 |
Source: |
HSE, 12 January 2015 |
Injury: |
Death |
Fine: |
£40,000 |
Company: |
Lothian Health Board |
Legislation: |
Section 3 of the Health and Safety at Work etc. Act 1974 |
Costs: |
n/a |
Source: |
HSE, 19 December 2014 |
Injury: |
Death |
Fine: |
£37,000 |
Company: |
Barnet Homes Ltd |
Legislation: |
Section 2(1) of the Health and Safety at Work etc. Act 1974 |
Costs: |
£75,000 |
Source: |
HSE, 18 December 2014 |
Bournemouth aerospace firm in court for worker's serious injuries |
|
Injury: |
Multiple breakages and injuries to arm |
Fine: |
£24,000 |
Company: |
Magellan Aerospace |
Legislation: |
Section 2(1) of the Health and Safety at Work etc. Act 1974 Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 |
Costs: |
£10,157 |
Source: |
HSE, 17 December 2014 |
Injury: |
Death |
Fine: |
£20,000 |
Individual: |
Tony Slade |
Legislation: |
Section 3(2) of the Health and Safety at Work etc. Act 1974 |
Costs: |
£5,609 |
Source: |
HSE, 12 January 2015 |
Injury: |
Death |
Fine: |
£20,000 |
Individual: |
Malcolm John Reeve |
Legislation: |
Section 2(1) of the Health and Safety at Work etc. Act 1974 |
Costs: |
£1,681 |
Source: |
HSE, 17 December 2014 |
Injury: |
Double fracture to left ankle and damage to leg |
Fine: |
£10,000 |
Company: |
Platt Packaging Limited |
Legislation: |
Section 3(1) of the Health and Safety at Work etc. Act 1974. |
Costs: |
£4,663 |
Source: |
HSE, 19 December 2014 |
Injury: |
Loss of thumb |
Fine: |
£7,000 |
Company: |
Pecan Candy Deluxe (Europe) Ltd |
Legislation: |
Section 2(1) of the Health and Safety at Work etc. Act 1974 |
Costs: |
£627 |
Source: |
HSE, 7 January 2015 |
Essex construction firm in court for health and safety breach |
|
Injury: |
None; fine for failing to provide adequate sanitation facilities for workers |
Fine: |
£ 2,000 |
Company: |
Dantel Construction Limited |
Legislation: |
Section 33(1)(g) of the Health and Safety at Work etc. Act 1974 |
Costs: |
£1,940 |
Source: |
HSE, 7 January 2015 |
Injury: |
None; fine for putting lives at risk |
Fine: |
£1,600 |
Company: |
Graham Pedaltey, trading as Graham's Scaffolds |
Legislation: |
Section 3(2) of the Health and Safety at Work etc. Act 1974 Regulation 5 of the Work at Height Regulations 1995 |
Costs: |
£600 |
Source: |
HSE, 7 January 2015 |
Injury: |
Death |
Fine: |
None; 12 month custodial sentence, suspended for two years, and 180 hours of community service for each director |
Directors: |
William Friend Robert Plume |
Legislation: |
Section 3(1) of the Health and Safety at Work etc. Act 1974 |
Costs: |
£25,000 for each director |
Source: |
HSE, 23 December 2014 |
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.