Prosecutions
In the first prosecution of a participant in the primary authority scheme, a national retailer has been fined £51,250 for a breach of health and safety law.
It follows an accident in March 2007 that left an employee who was working at the company’s distribution centre in Lancashire with a broken jaw.
The company signed a primary authority agreement with Wakefield Council covering health and safety enforcement in November 2009.
The prosecution of the firm by West Lancashire Borough Council was approved by the Local Better Regulation Office in January 2010.
The employee had been driving a forklift truck under a roller shutter door at the centre, when the door suddenly closed without warning. It landed heavily on her head, trapping her.
The firm admitted breaching Regulation 5 of the Workplace (Health, Safety and Welfare) Regulations 1992. The regulations require that every workplace, including the equipment, devices and systems in that workplace, should be maintained in an efficient state, in efficient working order and in good repair.
The investigation revealed that the door had been malfunctioning before the accident but was not properly repaired.
The company was fined £20,000 at Preston crown court last month. It was also ordered to pay costs of £31,250 to West Lancashire Borough Council.
The executive manager of community services at West Lancashire Borough Council, said: ‘The health and safety of employees at premises in our area is a big priority and when we find that these issues are not being properly protected, we have to take action.’
A spokesperson for company said: ‘The health and safety of our colleagues is our number one priority and we have rigorous procedures for identifying and rectifying potential issues across all our operations.
‘However, in this isolated instance, a fault within the control mechanism for the door was not identified, leading to the accident involving our colleague.
‘We respect the decision of the court and are above all thankful that our colleague made a full recovery and continues to be a valued member of the team.’