NHS Trust fined £45000

HSE Press Release: E050:04 - 16 April 2004

The Royal Free Hampstead NHS Trust was today fined a total of £45,000 at City of London Magistrates Court for breaches of health and safety at work legislation and of the Radioactive Substances Act 1993. The Trust pleaded guilty to seven separate offences. On top of the fine, the Trust were also ordered to pay the full costs of £45,619.

Investigations by the Health and Safety Executive and the Environment Agency revealed a catalogue of failings in the management of a radioactive source, caesium 137. The investigation by HSE revealed serious deficiencies in the Trust's handling and storage of the caesium, as well as weaknesses in the training and supervision of staff and the procedures for tracking the source. These failings resulted in the loss of the source, which has never been found, and in the risk of exposure to radiation of staff and members of the public. Adequate control over the source could have been achieved very easily by the Trust.

The caesium was used inside a patient's body to treat a tumour in March 2001. After use it was presumed returned to the locked store but in fact was not, as discovered in May 2001. The caesium could not be found despite searching at the hospital and waste disposal sites.

HSE inspector Emmie Galilee said: "This serves as a reminder to other employers who use radioactive materials that they should ensure that their control systems are in accordance with the Ionising Radiations 1999 Regulations - and give their staff, patients and members of the public the level of protection and reassurance they deserve."

Environment Agency officer Adrian Bush said: "Those ientrusted with radioactive material have a great responsibility to manage and dispose of such potentially harmful substances appropriately. This case highlighted the Trust's failure to protect its own staff, and this court action could have been avoided had management implemented a proper training and handling regime."

"The Environment Agency [and the HSE] will seek to control the proper use of radioactive sources."

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 and safety at work of all his employees"

2. Section 3(1) of the HSW Act states "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety".

3. Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999 require an employer to "make a suitable and sufficient assessment of the risks to the health and safety of his employees to which they are exposed whilst they are at work and the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking".

4. Regulation 17(2) of IRR99 requires a radiation employer to " take all reasonable steps to ensure that any local rules…… which are relevant to the work being carried out are observed".

5. Regulation 19(1) requires a radiation employer to "take such steps as are necessary, having regard to the nature and extent of the risks resulting from exposure to ionising radiation, to ensure that levels of ionising radiation are adequately monitored"

6. Regulation 28 of IRR99 requires a radiation employer to take such steps as are appropriate to account for and keep records of the location of a radioactive source".

7. Section 32(1)(b) of the Radioactive Substances Act 1993 creates an offence to fail to comply with any limitations or conditions imposed as part of an authorisation or registration.

8. In the Magistrates' Court the maximum fine for convictions under the Health and Safety at Work Act or the Radioactive Substances Act is £20,000. The maximum penalty in the Magistrates' Court for each contravention of a health and safety regulation is £5,000. On referral to the Crown Court for convictions of either the HSW Act or any regulations made under it or the Radioactive Substances Act, the fine is unlimited.

Press enquiries

All enquiries from journalists should be directed to the HSE Press Office