H&S Prosecution themes – key take aways

A recent health and safety prosecution: key takeaways 

A stone supplier company has been prosecuted after one of its workers was fatally struck when granite slabs fell from a lorry loader. Following an investigation by the Health and Safety Executive, the company pleaded guilty to breaching health and safety laws and was fined £50,000 and a victim surcharge of £3,750. 

Wider lessons can be learned from this incident; the failings identified by the HSE are not unique to supplying stone and can arise in many industries. We have drawn together the key take-aways applicable to any business to be a useful guide as an important reminder of the core legal duties that underpin business operations.

Is your system sufficient?

The HSE highlighted that employers must ensure that safe systems of work are not only in place but are sufficiently detailed to address all foreseeable risks.

The primary legal requirement for any business is to identify hazards in its operation, asses those hazards and either eliminate those risks or apply control measures to reduce those risks. This risk profiling will depend on the business in question – it is not one size fits all. However, simply having a system in place, is not enough; the system in place must be sufficient. In doing so, the extent to which a risk is foreseeable is a relevant factor. It is important to remember that if prosecuted for breaches of the general duties, the prosecution would only need to prove that individuals were exposed to a material risk to their safety. Actual harm is not required for a prosecution to be brought -although harm sustained will serve as evidence that the risk existed. 

 Beware of variations to routine tasks.

As part of assessing hazards, businesses will likely identify routine tasks. It is important to remember that assessing risk is a continuous obligation. Where there are new tasks, or variations of an existing task, these will need to be considered independently for any specific or additional foreseeable risks as well as any interface issues. In this instance, whilst the stone supplying company had considered the risks associated with offloading a slab, it had not considered the risks of a task where multiple slabs were being offloaded. 

Customary safety practice is not sufficient.

A business must have written arrangements for effective health and safety management. Whilst control measures and safety practices may become customary practice within a business and its workforce, this will be insufficient if not reflected within its written arrangements. In this instance, whilst it was customary to leave vertical posts in place during offloading to prevent toppling over, this was not part of the company’s safe systems of work. At the time of the incident, these posts had been removed during the operation and the HSE found that written arrangements did not include the requirement for safety equipment to remain in position.

Are your safety systems being adhered to?

A business must have systems in place to monitor its written arrangements. In this instance, the safe system of work for offloading required the task to be completed by two people however, the individual was working alone at the time of the incident. It is insufficient to have adequate written arrangements if that system is not followed or reflected in a business’s safety culture. Businesses should consider what policies, procedures and practices are in place to ensure compliance such as training, audits, reporting and safety culture monitoring.   

Be aware of specific regulations and guidance affecting your business. 

Whilst the Health and Safety at Work Act 1974 (as primary legislation) sets out an employer’s general duties, there are a wide-ranging set of specific regulations sitting beneath this which stipulate what employers need to do in relation to specific risks. 

These assist employers in understanding how to implement their duties. The HSE also issues Approved Codes of Practice and guidance. Employers should use these resources to frame their systems and compliance with their obligations. In this instance, the Lifting Operations and Lifting Equipment Regulations 1998 were relevant as well as specific HSE guidance on the handling and storage of sheet stone slabs. 

If you would like to discuss the implications of any matters discussed in this article, please contact Charlotte Whitaker and Marie Elizabeth Bailey in Burges Salmon’s Corporate Crime & Investigations team. 

This article was written by Marie-Elizabeth Bailey