Employees at a Hertfordshire tool-supply company were put at risk of death by electrical equipment that had been neglected over an extended period of time, a court heard.
A routine HSE inspection of Arrow Tools’ Waltham Abbey premises on 19 November 2009 identified equipment — including power hammers, grinding machines and fixed electrical systems — that was so poorly maintained it presented a risk to the lives of the firm’s workers.
The HSE served four Improvement Notices (IN) on the company, including one to improve management arrangements, over an 18-month period. But Watford Magistrates’ Court was told on 25 April that despite the granting of two extensions to comply with the terms of the notices, two subsequent investigations found the company had failed to take suitable action. Various electrical issues were still outstanding and insufficient arrangements had been made to manage the related risks.
Although the HSE made a total of five visits, it was not until January last year that the company considered it was in a position to comply with the notices, as it did not appoint a competent person until late 2011.
Arrow Tools (UK) Ltd was fined £12,000 on each of two charges, and ordered to pay costs of £3000, after admitting a breach of reg.4(2) of the Electricity at Work Regulations 1989 by failing to maintain electrical systems, and a breach of s33 of the HSWA 1974 by ignoring the Improvement Notice relating to management arrangements.
HSE inspector Peter Burns, who investigated the case, warned that companies have a legal duty to comply with Improvement Notices. He told SHP that the standards at the firm were far below what the HSE would have expected for a company operating in this sector given the nature of the risks.
“Management arrangements underpin all risk control,” he stated. “Had the firm had adequate management arrangements in place, the electrical equipment would have been maintained, because any failings would have been picked up by the system. There had been a real danger of death in this case.”
The company represented itself in court but said very little in mitigation. It had pleaded not guilty at an earlier hearing but later altered its plea. Since the investigation it has put some management arrangements in place, but the inspector said their adequacy has not yet been tested.
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