Risk Assessment Failure leads to £1.8 Million fine

Risk Assessment Failure Case Study

An investigation by the HSE found the company failed to identify the risk of drowning with the maintenance activity which was undertaken by RG (employee) and his colleagues on a regular basis.

Truro Crown Court heard that RG, a catchment operator, was working on the sand filtration unit of the Falmouth Waste Water Treatment Works in December 2013 when a colleague discovered him face down in water. He died at the scene having drowned. South West Water has been sentenced following the death of 54-year-old RG. He was last seen working on the top of the unit several hours before he was found by his colleague who was responding to the lone worker system. An investigation by the HSE found the company failed to identify the risk of drowning with the maintenance activity which was undertaken by RG and his colleagues on a regular basis.

South West Water Ltd of Peninsula House, Rydon Lane, Exeter pleaded guilty of breaching Section 2 (1) of the Health and Safety at Work Act 1974, was fined £1.8million and ordered to pay costs of £41,607.71.

The judge pointed out that:

no correct risk assessment for the procedure had been done

He also stated that South West Water had been made aware of the dangers of falling into tanks “on a number of occasions“.

Speaking after the hearing HSE inspector Georgina Speake said:

This tragic case could have been prevented if the company had reduced the size of the hatch used to access the sand filters, and properly considered the hazards of the operation, including how close [RG] was to the water.

[RG] was exposed to the risk of drowning which could have been easily been controlled if the task had been properly planned and simple measures adopted earlier which South West Water failed to do so adequately.

For you to consider

Could risk assessment failure leave your workers and your company exposed. If things go wrong, how confident would you be that you can show (to the HSE) that you have managed health and safety properly?

Remember, you are likely to be armed with:

• your Health and Safety Policy
• your risk assessments
• your training records, and
• your active monitoring records