Dispatch - Health and safety archives

R v Nishimatsu, R v Conder Structures Ltd
Issue 44 - February 2004 (click to download pdf)

Nishimatsu Construction was fined £700,000 (and ordered to pay £145,000 in costs) following an explosion on the Docklands Light Railway. The size of the fine reflected the judge's view that there was a breach of duty which put the public at risk. Conder Structures Limited was fined £100,000 plus costs of £60,000 following the death of a ground worker when structural steel columns were blown down in the wind.

R v Bristol Magistrates Court Ex Parte Junttan Oy
Issue 40 - October 2003 (click to download pdf)

The House of Lords decided that Junttan could be prosecuted under both section 6 of the Health and Safety at Work Act and for breach of the 1992 Supply of Machinery (Safety) Regulations 1992 (HSWA) following the death of a piling rig operator. This was important because the maximum penalty under the HSWA was a fine of £20,000, while the machinery supply regulations set a maximum fine of just £5,000.

Re: Anglian Water Services Ltd
Issue 38 - August 2003 (click to download pdf)

The Court of Appeal reduced a fine imposed upon Anglian Water from £200,000 to £60,000 following a conviction for discharging sewage effluent into a river. The Court noted that the fine should be set at a level which makes some impact on the company concerned to overcome a suggestion that it might be cheaper to pay the fine rather than undertake the work necessary to prevent the offence in the first place. But it ruled that original fine was excessive in this case compared with those imposed on other companies.

Fytche v Wincanton Logistics plc
Issue 37 - July 2003 (click to download pdf)

The Court of Appeal discussed whether or not the Personal Protective Equipment at Work Regulations 1992 imposed obligations to supply and maintain protective equipment which relates solely to identified risks. Decision upheld by the House of Lords - see Issue 49.

William Hare Ltd
Issue 35 - May 2003 (click to download pdf)

William Hare Ltd was fined £75,000 plus costs following the death of a worker who fell from a staging board.

R v Yorkshire Sheeting & Insulation Ltd
Issue 33 - March 2003 (click to download pdf)

The Court of Appeal held that a fine of £100,000 imposed upon Yorkshire Sheeting following the death of a worker who fell through a roof light was excessive and reduced it to £55,000.

Horton v Taplin Contracts Ltd
Issue 29 - November 2002 (click to read issue - html)

The Court of Appeal had to consider whether Taplin was liable for injuries caused when a scaffolding tower was deliberately toppled over by a third party.

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