Crown Censures taken by HSE since 1 April 1999

Crown employers, which include Government Departments, Next Steps Executive Agencies and some other Organisations sponsored by Departments, are bound by the provisions of Part 1 of the Health and Safety at Work etc. Act 1974, except sections 21 to 25 and 33 to 42. This is set out in section 48 of the Act.

The non-application of section 33 precludes prosecution of Crown employers under the Act [commonly referred to as Crown Immunity]. Crown censure is an administrative procedure, whereby HSE may summon a Crown employer to be censured for a breach of the Act or a subordinate regulation which, but for Crown Immunity, would have led to prosecution with a realistic prospect of conviction.

Ref Date of Censure Crown Employer
26 28/03/2011 Greenwich Hospital
25 18/02/2011 Defence Science & Technology Laboratory (DSTL)
24 13/09/2010 Ministry of Defence
23 12/06/2009 HM Prison Service
22 23/11/2009 Centre For Environment, Fisheries & Aquaculture Science
21 09/07/2009 Scottish Prison Service
20 16/03/2007 Ministry of Defence (Army)
19 16/03/2007 Ministry of Defence (Army)
18 22/10/2007 HM Revenue & Customs
17 24/06/2005 Ministry of Defence (Royal Navy)
16 08/05/2006 MOD (RAF)
15 18/01/2005 Ministry of Defence (Army)
14 19/01/2005 Ministry of Defence (Royal Navy)
13 20/02/2004 Scottish Prison Service
12 19/11/2004 MOD
11 13/08/2004 MOD (Royal Navy)
10 14/05/2004 HM Prison Service
9 28/04/2003 Ministry of Defence
8 12/03/2003 Department for Education and Skills
7 11/09/2002 Royal Mint

6

 13/08/2001 MOD Army

5

 26/07/2001 HM Prison Service

4

 28/11/2000 MOD (Royal Navy)

3

 06/07/2000 MOD Army

2

 07/10/1999 MOD Army
1 06/05/1999 Defence Evaluation and Research Agency (DERA)
Crown Censure 26 : Greenwich Hospital
Crown Employer Greenwich Hospital
Date of Censure 28/03/2011
Breaches

Health & Safety at Work Act 1974, Section 3(1)
Summary

This censure arises from an incident which involved a pupil falling six metres in an uncontrolled descent from the top of the wall onto a wood gymnasium floor below.

The School, in accepting the censure on behalf of Greenwich Hospital, admitted that “at the time of the accident the risk assessment, written operating procedure, written procedures or records for examination, inspection and maintenance regime relating to climbing activities/climbing wall and related equipment were not suitable or sufficient so as to ensure that risks were reduced to the lowest level reasonable practicable”.
Offence Details:
Date of Offence 03/03/2009
Location of offence The Royal Hospital School
Holbrook
Ipswich
Suffolk
IP9 2RX
Main Activity Education
Local Authority Babergh
HSE Details:
HSE Division East & South East
HSE Directorate FOD
HSE Group FMU01
HSE Area East Anglia
Crown Censure 25 : Defence Science & Technology Laboratory (DSTL)
Crown Employer Defence Science & Technology Laboratory (DSTL)
Date of Censure 18/02/2011
Breaches

Health & Safety at Work Act 1974, Section 2
Health & Safety at Work Act 1974, Section 3

Summary

This censure arises from the failure by DSTL, which is part of the Ministry of Defence, to ensure the safety of its employees who were part of a team carrying out a trial to test energetic or explosive mixtures on 14th August 2002. The incident resulted in the tragic death of Mr Terry Jupp.

DTSL failed to have a safe system of work in place for the handling and preparation of charges of energetic or explosive mixtures for testing.
Offence Details:
Date of Offence 14/08/2002
Location of offence Newlands Battery
MOD Shoeburyness
Southend-on-Sea
Main Activity Research and development in biological sciences
Local Authority Sevenoaks
HSE Details:
HSE Division East & South East
HSE Directorate FOD
HSE Group FMU09
HSE Area East & South East