Director sentenced to prison for health and safety breaches

Companies being fined for health and safety breaches are regularly reported.

Companies being fined for health and safety breaches are regularly reported. However a recent report by the Health & Safety Commission (HSC) is a timely reminder of the responsibilities imposed on company directors and the terrible consequences for the families of employees who are not properly protected in the workplace.

A company which provided landscape gardening services, Globalreward Ltd, was investigated by the HSC following the death of an employee who was crushed to death by a road roller which he had been operating.

The employee was sitting in the driver's seat of the road roller but the seat broke and the man fell beneath the machine. The machine reversed over him as a result of which he died.

The HSC investigation discovered that the road roller was in poor condition and, crucially, the operator was also untrained. The safety cut out switch on the road roller was not operating properly and the emergency stop button was missing.

The company was fined under the Health and Safety at Work etc Act 1974 Section 3. In addition one of the directors of the company pleaded guilty to a breach of the Health & Safety at Work Act and was sentenced to two months in prison suspended for two years and ordered to do 200 hours of community service.

Clearly the consequences of this case were devastating for the operator's family, but it reminds us that there are many unqualified contractors working for gardeners, landscape and building companies and it is important for employers to remember their responsibilities. These include training and the quality of machinery that such employees use. The fact that a director of Globalreward Ltd pleaded guilty is a salutary reminder of these responsibilities.

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