A West Yorkshire sports club has been fined after a postal worker sustained severe injuries when a swing barrier shattered the windscreen of his van and struck him in the face.Royal Mail worker Mark Nykoniw had been delivering post to the Silsden Sports Club in August last year when the insecure barrier went through the windscreen of his van as he was driving out of the premises.
Mr Nykoniw suffered a broken jaw which had to have a plate fitted and part of his right cheek had to be re-attached.
Bradford Crown Court heard that Mr Nykoniw’s right ear was detached at the lobe and some glass fragments were embedded into his face. He also suffered some nerve loss to his lower lip and parts of his head.
The sports club was sentenced for failing to ensure there was a safe entrance and exit from the premises.
The court heard that on the morning of the incident a member of the club had not secured the barrier to its latch after opening it and that the failure had been an isolated occurrence. It was told this was an unusual case involving a “one-off individual failure” by a single.
The court also heard that since the incident a notice about locking the barrier in position had been put on the gate and a metal column had been welded to the barrier to stop it penetrating the windscreen of any other vehicle.
The club admitted breaching the Health and Safety at Work Act etc 1974 and after considering the legal submissions and sentencing guidelines Judge Burn fined the club £140 for the offence.
The Judge commented that it was clear that on all other occasions the barrier had been secured and it was not a case involving an unsafe system.
“It seems to me that a fine in those circumstances is unavoidable as a disposal in this case,” he concluded.
The judge had been asked to order investigation and legal costs totalling about £4,000, but after hearing about the club’s financial position he decided to make them pay just £146 with a victim surcharge of £14.
“This a not for profit club which is an essential part of the fabric of the community in which it operates, run by volunteers for people of all ages,” he pointed out.
A Bradford Council spokesperson said: “This was a very unfortunate incident that caused serious injury and could have had potentially fatal consequences. We would urge any business that has a similar swing gate on their premises to check and ensure it is being operated safely.”
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