How do you ensure high health and safety standards are maintained in your workplace? Do you provide training, develop procedures and have clear lines of responsibility?

All of these things provide a firm foundation for compliance; however, without the right health and safety culture, even the most robust management systems will prove ineffective.

In truth, the day-to-day realities of running a business can often get in the way of best laid plans, causing you to deviate from protocol, take shortcuts and make occasional errors of judgment. However, as our Defendant Company discovered in our recent mock health and safety trial, complacency and over-reliance on written procedures can prove costly.

Regina v ELA Ltd

On the morning of 3 May 2019, self-employed electrician Mr William Volt arrived on site at Moreton Trust Primary Care facility to carry out maintenance work in the lift plant room. The company that had engaged him, Allswell Ltd, were an approved contactor of facilities management company ELA Ltd. Allswell had called Mr Volt at the last minute after they were unable to allocate one of their own electricians to the job.

Upon his arrival, Mr Volt was sent straight up to the lift plant room. Abandoning usual protocol, the Site Supervisor did not come down to meet Mr Volt, and despite the company’s policy stating that no contractors may work on site without attending an induction, none was given. Mr Volt was also unable to produce a Risk Assessment and Method Statement (RAMS), so was asked to complete a Point of Work Risk Assessment (POWRA); however, this did not adequately address the risks involved with working in a confined space. Despite this, a Permit to Work was issued and the work commenced.

A few minutes into the work, Mr Volt turned to inspect an area of wooden floor that had become water saturated. As he stepped onto this area, the floor gave way, causing him to fall 2 metres onto the steel lattice structure inside the passenger lift shaft. As a result, Mr Volt spent three months receiving treatment for multiple spinal injuries and was told that he may never walk again.

So what went wrong?

ELA Ltd pleaded not guilty to the breaching Section 3 of the Health and Safety at Work Act 1974, which states that:

It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.”

This duty extends to members of the public, visitors and contractors like Mr Volt.

The verdict

ELA Ltd was found guilty of breaching the Health and Safety at Work etc Act 1974. It was fined £1.3 million and ordered to pay costs of £46,000.

In determining the level of fine, the court took into account the fact that the company had pled not guilty, which elevated the fine from a starting point of £1.1 million. It also determined that the level of culpability was high, as the company fell far short in its duty of care. This, coupled with the fact that the seriousness of the injury and likelihood of it occurring were also high, meant that a six-figure fine was appropriate.

As fines for health and safety breaches are unlimited, it is possible that ELA could have received an even higher penalty. However, the court did acknowledge that this was the company’s first prosecution, that it had been proactive in supporting Mr Volt and his family through the ordeal, and that it had cooperated in the aftermath. Importantly, it had since taken further steps to improve procedures to prevent similar incidents from occurring in the future.

Nick Wilson

Director of Health & Safety Services

Expert Comment

Whilst this was of course an entirely fictitious incident, the mock trial played out a number of failings which are not uncommon in the real world. These failings were put under the microscope by the Prosecution and the jury were left in no doubt that further reasonably practicable measures could and should have been taken. The trial provided an uncomfortable experience for some of the witnesses whose shortcomings were exposed but ultimately it was the Defendant Company who was left asking itself why its safety management system had failed to deliver.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Find what you were looking for?

Our FREE resources library contains over 200 searchable blogs, guides and templates focused around Employment Law and Health & Safety issues that employers face on a day-to-day basis.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Request a Callback

Submit your details and one of our team will be in touch.

Request a Callback

Submit your details and one of our team will be in touch. Or call us on 0345 226 8393.
Hi, how can we help?
Click the button below to chat to an expert.

Is Your Business Based in Scotland?

Go straight to our free sector-specific Risk Assessment Templates for Scottish organisations…
 
Click to explore what’s available.

Get your FREE consultation

Submit your details and one of our team will be in touch.