Prosecutions

A 17 year old apprentice was employed at a joinery workshop when the accident took place. Prior to the accident, the apprentice had been removing the boards, which were stacked on top of a bench held in place by a bracket. After safely removing one board, another nine fell onto of him, fatally striking him on the head.

It is believed that the boards fell because the bracket that was holding them was not strong enough to support their combined weight. However due to no witnesses being in the area at the time, the precise details of the accident are not available. When the HSE investigated the accident, it was discovered that the bracket had only been in situ for a week.

The managing director of the company, was prosecuted for breaching Regulation 4(1) of the Provision and Use of Work Equipment Regulations 1998. He was also prosecuted under s.37 of the Health and Safety at Work etc. Act 1974. He pleaded guilty to both counts. He was fined £7,500 and ordered to pay £2,500 costs with no further action taken against the company.

The managing director was personally liable in this case due to him designing and purchasing the failed bracket. The HSE stated that the storage system designed by the managing director was ill-conceived and posed an inherent risk to users. Due to this the HSE decided to take action against the managing director personally, rather then the company.