In the courts, the high cost of safety failures
In the world of insurance we often discuss the “Risk” in the abstract. However, recent rulings in the UK Courts serve as a stark reminder of what happens when risk management fails. From multinational corporations to local manufacters, the message from the judiciary and the HSE is clear: A safe system of work is not optional.
At Circle Insurance Services we have summarised five recent cases that highlight the importance of robust safety protocols and the staggering, human, and financial, consequences of getting it wrong.
The Reversing Danger: Bestway Northern fined £1M
A routine delivery in Central Manchester turned tragic when a 53-year-old banksman was crushed between a HGV and a wall. The HSE investigation revealed a total absence of a safe system for vehicle movements and a lack of training for staff acting as banksmen.
- The Lesson: Nearly 25% of workplace transport deaths occur during reversing. If your business involves vehicle movements, “improvised” spotting is a liability.
- The Penalty: £1 million fine plus costs.
Negligence at Height: British Airways fined £3.2M
A failure to address “reasonably foreseeable risks” led to two serious incidents at Heathrow. Two employees sustained life-changing injuries, including a bleed on the brain and a broken jaw, after falling from baggage “televators.” The HSE noted that the risks were known, yet the company failed to implement adequate protection.
- The Lesson: If a risk is foreseeable, it must be mitigated. High-profile brand names offer no protection against massive HSE fines if basic safety is neglected.
- The Penalty: £3.2 million fine plus costs.
The danger of modified equipment: £175,000 Fine
In Northern Ireland, a 46-year-old worker was crushed to death by a tipper trailer body. The investigation found that a modified prop used to hold the trailer up was unfit for the task. Crucially, the company had no risk assessments or safe systems for working under raised loads.
• The Lesson: Never use “homemade” or modified safety equipment. Engineering controls must be certified and used in accordance with strict Method Statements.
• The Penalty: £175,000 fine.
Isolation Failures: Tata Steel fined £1.5M
A contractor at Port Talbot was killed when a metal beam activated while he was on a conveyor system. He believed the power was isolated; in reality, parts of the system were live. There were no physical guards to prevent access to the moving parts.
- The Lesson: “Lockout-Tagout” (LOTO) procedures are life-savers. Failing to physically isolate machinery before maintenance is a leading cause of industrial fatalities.
- The Penalty: £1.5 million fine plus costs.
Maintenance Mishaps: Steam Burns & Roof Falls
Two further cases highlight the dangers of routine maintenance:
• Permanent Scarring: A worker was burnt by high-pressure steam when an unrecorded, unsafe nozzle spun out of control. The company was fined £100,000 for a lack of supervision and maintenance records.
• Rooflight Fall: A worker in Leeds fell through a rooflight, impaling his leg on machinery below. This resulted in a £95,000 fine and conditional discharges for the directors involved.
How Can You Protect Your Business?
These cases share a common thread: the absence of a Safe System of Work (SSOW). Fines of this magnitude can bankrupt a business, and while insurance provides a safety net, it cannot undo the damage to a company’s reputation, or the lives of the workers involved.
To ensure your business remains on the right side of the law, prioritise:
1. Written Risk Assessments: Don’t just do the work; document how to do it safely.
2. Training & Supervision: Ensure “banksmen” and “operators” are actually qualified for their roles.
3. Equipment Inspections: Maintain rigorous records for every hose, valve, and prop on-site.
For any queries relating to this issue – or any other issue(s) discussed in our blogs – please get in touch with us at: insurance@circlegroup.co.uk.
Original Case Study, accredited to: The Health & Safety Service Limited.
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