FAILURE TO CONTROL PUBLIC SAFETY RISKS COSTS ENGINEERING FIRM £35,000

HSE press release - E032:03 - 11 March 2003

An engineering company has been fined £10,000 and ordered to pay £25,000 costs following an incident in October 2001 when a water bowser left in the street rolled down a slope crushing a 12 year old boy against a car.

Walter Lawrence (Civil & Mechanical) Ltd of Bath, who trade as Lawrence, pleaded guilty in Taunton Crown Court on Monday 3rd March 2003 to an offence under Section 3 of the Health & Safety at Work etc. Act 1974.

The prosecution follows a Health and Safety Executive investigation into the above accident in October 2001. A water bowser left in the street by the company was tampered with, it rolled down a slope crushing a 12 year old boy against a car. He was airlifted to hospital with a fractured pelvis. The double axle bowser, similar in size to a small car, weighed approximately two tonnes. At the time of the accident the bowser had been secured with a hand brake and chocked with a piece of water pipe. The unauthorised movement of the water bowser had not been considered in the company's risk assessment, despite them having experienced several episodes of petty vandalism whilst working on the housing estate.

HSE Inspector Simon Chilcott said: "The company was aware of the risk because there had been other instances of vandalism and each morning signs and barriers were found to have been knocked down. The specific risk of unauthorised movement by children in the neighbourhood does not appear to be considered."

"The incident could have resulted in death. Wheel clamping would have been reasonably practicable, it would have deterred vandalism and minimised the risks to the public."

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