A manufacturing company has been prosecuted for continually falling below acceptable health and safety standards at its factory in Uxbridge.
Westminster Magistrates’ Court heard that skip manufacturer Skyways Shopfitters Ltd received nine Improvement Notices and a Prohibition Notice for safety failings at its premises between September 2010 and March 2011.
HSE inspector Saif Deen told SHP that the Executive had been carrying out a project to examine various designs of skips, when it identified a fault with some of the units created by Skyways Shopfitters. The inspector visited the firm’s factory in September 2010 and found a number of safety shortcomings at the site.
During the visit he learned that the company did not have examination certificates for lifting equipment at the factory, which meant the devices had not been tested. The inspector also discovered that staff were operating mobile cranes and forklifts without any training. Improvement Notices were issued for both of these failings.
The inspector revisited the factory on three separate occasions and during each visit found additional safety deficiencies. These included flammable substances being stored outside, rather than inside a fire-resistant unit. There were also inadequate systems in place to ventilate harmful gases, which were created on the production line, and staff were not issued with adequate respiratory protection. Other dangers included an unguarded dimension saw, and the factory’s electric wiring was in such a bad condition that workers were at risk of coming into contact with exposed electrical wires.
Inspector Deen’s final visit took place in March 2011, when he found the company had only taken enough action to be minimally compliant with the notices, and had not addressed all the hazards identified. He told SHP that he believed Skyways Shopfitters had placed financial motives above the safety of its employees and, as a result, the HSE decided to bring charges against the company.
“Employers have a duty to protect their workers,” said inspector Deen. “This company carried out several high-risk activities, such as lifting operations, paint spraying and storing flammable liquids, with an almost total disregard for health and safety.
“The seriousness of these breaches was reflected in the number of enforcement notices that were issued. HSE will not hesitate to take action against employers who shirk their responsibilities in this way.”
Skyways Shopfitters appeared in court on 29 February and pleaded guilty to breaching s2(1) of the HSWA 1974. It was fined £18,000, plus full costs of £6210.
In mitigation, the firm said it had no previous convictions and has subsequently complied with all the enforcement notices by heavily investing in remedial work. It has also appointed a consultant to manage health and safety at the factory.
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“Inspector Deen’s final visit took place in March 2011, when he found the company had only taken enough action to be minimally compliant with the notices, and had not addressed all the hazards identified. ”
In other words, the company had complied with the Notices? Sorry, but to serve 9 INs and 1 PN in a 6 month period, then have to prosecute the company under s2 rather than for non-compliance with the Notices suggests a problem in the drafting of the Notices!
“SkywayShopfitters appointed a consultant to manage health and safety at the factory”!
Really!!!
I alway thought it was the company’s duty to do this.