FORD FINED £300,000 FOR FATALITY IN SOUTHAMPTON

HSE press release E103:03 - 17 June 2003

Ford Motor Company was fined a total of £300,000 at Winchester Crown Court on 16 June for breaching health and safety legislation after a fatal accident in Southampton.

Ford Motor Company, Eagle Way, Brentwood, Essex was fined £250,000 for breaches of Sections 3(1) and £50,000 for breaching Section 2(1) of the Health and Safety at Work Act 1974. The company pleaded guilty to the charges of failing to ensure the safety of its employees and non-employees using the EPOC tank at Philip Services Europe in Southampton. They also had to pay an additional £46,688 towards the costs of bringing the prosecutions.

Christopher Shute died at the Ford factory in Wide Lane, Swathling on 17th August 2000. Mr Shute was killed when he fell into an emulsion paint overspray capture tank (EPOC) used to collect excess paint from spray booths on the transit van production line.

After the sentencing, HSE investigating inspector Andrew Stretton said: "The HSE is pleased with the outcome of what has been a complex case. We worked closely with Hampshire police during this investigation to bring it to a satisfactory conclusion. The judge made it clear that Ford fell far short of the accepted health and safety standards that then resulted in this tragic accident.

"The fine sends out a clear message of the legal requirement to ensure proper control of contracted companies."

Paul MacKenzie, Director Philip Services (Europe) Ltd and Peter Preston, Field Services Manager, Philip Services (Europe) Ltd pleaded guilty to separate breaches of duties under Section 37 of the Health and Safety at Work Act 1974 and were fined £5,000 each.

The Section 2 charge of the Health and Safety at Work 1974 against Philip Services (Europe) Ltd was dropped, as the company no longer exists in this country.

Notes to editors

1. Ford Motor Co., Eagle Way, Warley, Brentwood, Essex, breached Sections 2(1) and 3(1) of the Health and Safety at Work, etc., Act 1974, in that it failed to ensure the safety of its employees and non-employees respectively by not providing a safe system of work for those using the EPOC tank.

2. Section 2(1) of the Health and Safety at Work, etc., Act 1974 states: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees."

3. Section 3(1) of the Health and Safety at Work, etc., Act 1974 states: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of persons not in his employment."

4. In the Crown Court, the maximum penalty it may impose for breaching Sections 2(1), 3(1) and 6(1) of the Health and Safety at Work, etc., Act 1974 is an unlimited fine.

5. Philip Services (Europe) Ltd, Thornley House, Carrington Business Park, Manchester are no longer trading in the U.K.

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