Almost all organisations understand that they have a duty to protect the health and safety of their employees. However, under section 3(1) of the Health and Safety at Work Act (HSWA) 1974, organisations are also obligated to avoid exposing members of the public to health and safety risks through the conduct of their business. Hampshire County Council breached this obligation.
Whilst the case involves a local authority, the principles apply to all organisations. Housing providers, for example, must mitigate the risks to members of the public who decide to use the playparks, benches and bike shelters on their premises.
As we discussed in our previous e-briefing, 'Sentencing safety-related offences within the health and social care sector', the level of fines for health and safety offences has increased significantly since the Health and Safety Sentencing Guidelines came into force. Earlier this year, BUPA Care Homes Limited was fined £1.5m on appeal also concerning a breach of section 3(1) of the HSWA 1974.
The case
A six-year-old girl was visiting Lymington in Hampshire with her family when she climbed onto a hinged iron bollard. The 69kg bollard fell to the ground and pulled the young girl with it resulting in life-changing head injuries. Until she matures, it will not be possible to identify the extent of her injuries.
It was clear that the bollard had been damaged and was inadequately secured. The Health and Safety Executive’s investigation demonstrated that the Council had received a report regarding the state of the bollard before the incident. Yet, the monthly inspections by the highways department’s personnel did not pick up on the issue. The HSE found that the highways personnel received inadequate and, in some cases, misleading training, guidance and information in order to assist them in carrying out ad-hoc and routine inspections.
Hampshire County Council was found guilty after a trial of breaching section 3(1) of HSWA 1974 and was fined £1.4m and ordered to pay full costs of £130,632.
Practical advice
It is important to ensure that risk assessments are in place for any equipment, including street furniture, that the public could use. It is also important that suitable inspection programmes are in place that account for each piece of equipment’s risks, location and frequency of use.
An inspection routine alone is unlikely to be enough. Organisations should ensure that inspections are sufficient, and inspectors and maintenance staff are appropriately trained and guided as to how to carry out the inspections. A clear mechanism for reporting, and more importantly rectifying, faults should also be put in place.
If an incident occurs, you must seek legal advice as soon as possible to ensure a suitable case strategy can be formulated.
For help with any issues raised in this briefing, please contact Lorna Kenyon.
Would you know how to manage an escalating social media storm? Are you confident in your plans and policies for responding to, and managing, a prominent ‘scandal’ in your charity?
The Civil Partnership (Opposite-Sex Couples) Regulations 2019 were made on 5 November 2019 and came into force on 2 December 2019.
HMRC’s approach to underpayment of the National Minimum Wage (NMW) is getting tougher and shows no sign of abating.
HMRC’s approach to underpayment of the National Minimum Wage (NMW) is getting tougher and shows no sign of abating.
Now 2020 is here and we have welcomed in the new decade, it’s time to welcome in changes regards the contents of employee’s statement of particulars.
In December 2019, the Care Quality Commission brought its first prosecution against a local authority
The CIL was introduced under the Planning Act 2008 and the CIL Regulations 2010, which came into force in April 2010. CIL is a non-negotiable tax charged by local authorities on new developments.
The Court of Appeal’s recent decision is likely to be unwelcome news for any cash-strapped councils seeking to fund the costs of taxi enforcement through licence fees.
It is important that trustees are aware of the law relating to people who are transgender and those who identify as non-binary so that they can ensure compliance.
Earlier this year, the Charity Commission published its inquiry report into Oxfam GB, following allegations about events in Haiti in 2010 involving its staff members.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.