Two companies fined for workers' injuries

HSE Press Release: E043:04 - 31 March 2004

Two companies, Zurich Management Services Limited (Zurich) and Railcare Limited (Railcare), were each fined £17,000 for breaches of health and safety law at Aylesbury Crown Court on Friday, 26 March 2004.

The prosecutions followed an HSE investigation into an incident on 12 March 2002 when an engineering surveyor, Mr Sarinder Singh Gidda, and another worker, Mr Roy Goldney, were injured when a mobile elevating work platform (MEWP) overturned at Wolverton Railway Depot, near Milton Keynes. The MEWP was overloaded and both Mr Gidda and Mr Goldney suffered injuries when it overturned. Both companies had pleaded guilty at an earlier hearing in November 2003.
Umar Ali, of HSE's HM Railway Inspectorate (HMRI), who investigated the incident said:

'These two men suffered unnecessarily because the companies they worked for didn't carry out their statutory duties of care. While Mr Gidda was competent to examine the lift, my investigation found that he was not experienced in planning lifting operations. Railcare was charged as they failed to ensure that work on its premises was carried out safely and which resulted in one of its employees, Mr Goldney, being injured'. '

Zurich, trading as Zurich Risk Services, was fined £17,000 for breaching Section 2(1) of the HSW Act. The company was ordered to pay costs of £8,265.50.

Railcare was fined £17,000 for breaching Section 2(1) of the HSW Act and was also ordered to pay costs of £8,265.50.

HSE, prosecuting, had alleged that both companies failed to properly plan a lifting operation as part of the examination and inspection of the MEWP.

Notes to editors

1. Section 2(1) of the HSW Act 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."

2. Zurich, of the Zurich Centre, 3000 Parkway, Whiteley, Fareham, Hampshire PO1 1DU pleaded guilty on 21 November for breaching Section 2(1) of the HSW Act. HSE had alleged that, on 12 March 2002, it did not ensure, so far as was reasonably practicable, the health and safety at work of one of its employees (Mr Gidda). At the time of the incident Mr Gidda was employed by Zurich as a competent person.

3. Railcare, of Leigh Road, Washwood Heath, Birmingham B8 2YJ pleaded guilty on 21 November to breaching Section 2(1) of the HSW Act in that on 12 March 2002, it did not ensure, so far as was reasonably practicable, the health and safety at work of one of its employees (Mr Goldney).

4. The maximum penalty for a single offence under Section 2 (1) in a Crown Court is an unlimited fine.

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