HSE publishes new-look offences and penalties report

The Health and Safety Executive’s new 2003/2004 report provides a wealth of information for the public and journalists. HSE does not shy away from naming names, like so many other regulators, and should therefore be congratulated for giving the public the information it needs and deserves.

You can search the list of offenders by company, hearing date, result and fine amount. Here are just a few of the highlights.

Details for Case No. F010000699
Defendant: Bristol City Council
Summary: Prosecution under the Gas Safety Regs and Management Regs following failure to maintain gas appliances in school resulting in unsafe condition of several appliances and an accident, and failure to remedy matters after the accident. Lack of monitoring by LEA resulted in poor level of compliance with statutory maintenance at other schools.
Offence Date: 06/01/2003
Total Fine: £10,000.00

P & O European Ferris (Irish Sea) Limited
Summary: Prosecution regarding fatality at the LOLOyard when employee was out of his tugmaster and a Kalmar stacker reach truck reversed over him.
Offence Date: 01/05/2001
Total Fine: £300,000.00

Defendant: Basildon & Thurrock General Hospitals NHS Trust
Summary: An investigation following confirmed case of legionnaires’ disease identified widespread failure to manage hot & cold water services leading to the proliferation of legionella bacteria in hot water system.
This case resulted from the investigation of a fatality
Offence Date: 17/10/2002
Total Fine: £25,000.00

Network Rail comes in for a hammering with several large guilty fines. Here is a list of all their breaches since 1997.

One to note: Details for Case No. F220000060
Summary: Breach of HSW Act s3(1) and Railway Safety (Misc Provs) Regs 1997 Reg 3. Child aged 4 electrocuted on live rail after gaining access to railway through open gate at Strood station yard.
Offence Date: 01/02/1997
Total Fine: £150,000.00
Related to this case: Details for Case No. F220000061
Defendant: Balfour Beatty Rail Maintenance Ltd
Summary: Breach of HSWA s3(1). Gate giving access to electrified railway was left open although company had ceased to regularly use yard which it served. Child age 4 subsequently electrocuted on live rail.
Offence Date: 01/02/1997
Total Fine: £150,000.00

An ironic case where the Environment Agency is fined £150,000 for a case that followed a fatal accident where a 9 tonne dumper rolled over into river drowning the operator. Case No. F230000315
Offence Date: 12/09/2001

The biggest fine was made against Nishimatsu Construction Co Ltd for a blowout that occurred on the Docklands Light Railway during test pressurisation of southbound running tunnel. ‘Extremely fortunate that blow-out happened at approx 4am and not during the day when school children would have been playing on the playing fields above the blow out.’
Details for Case No. F060000373
Offence Date: 23/02/1998
Total Fine: £700,000.00

However, the details of some cases, which appear to have a large affect on public health, are still unavailable:
Details for Case No. O75
Defendant: Shell UK Limited
Summary: CASE COMMENTS ARE NOT AVAILABLE FOR THIS RECORD
Offence Date: 30/12/2000
Total Fine: £150,000.00

Details for Case No. O131
Defendant: British Nuclear Fuels plc
Summary: CASE COMMENTS ARE NOT AVAILABLE FOR THIS RECORD
Offence Date: 22/03/2003
Total Fine: £30,000.00

One Response to “HSE publishes new-look offences and penalties report”

  1. ..... says:

    although a bit of googling will get you the shell incident: http://www.oilc.org/viewarticle.cfm?articleid=194 – and the bnfl one was actually the subject of an HSE press release, if you check the archives. A diving accident, by the way.

    neither actually ends up being vaguely public health relevant, really, though the nature of the mistakes is a bit worrying when you consider who’s making them.

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