Health and Safety
Executive / Commission
Press Releases
HSE press release E060:05 - 5 May 2005
South West London Primary and St Georges Mental Health NHS Trust has been fined £28,000 and £14,000 costs at the Central Criminal court today, following a prosecution brought against it by the Health and Safety Executive (HSE) after a nurse was killed by a psychiatric patient on 17 June 2003.
Mamade Eshan Chattun was a junior member of staff working alone, at the John Meyer Ward of Springfield University Hospital, without clear procedures, and with inadequate measures in place to check on his safety. He suffered multiple injuries, from a psychiatric patient, which resulted in the loss of his life.
By their guilty plea, the Trust have admitted failing to ensure that, one of their health care assistants was exposed to risk to his safety and breached Section 2 of the Health and Safety at Work etc Act (HSWA) 1974.
The court heard from prosecuting counsel this was a significant management failure, which resulted in an avoidable loss of a young father, who was simply doing his job as a health care assistant.
Brian Etheridge, HSE’s Field Operations Director for London commented: “By pleading guilty the Trust has acknowledged that it has fallen short of the standards required. Health and safety is not an unnecessary extra, nor should it be a burden on employers. We simply ask for a sensible approach to the identification and management of risks. In this case such an approach would have prevented a tragic and unnecessary loss of a young father, who was simply doing his job as a health care assistant. We want to send a strong message to other hospital trusts and organisations who have to manage potential violence at work.”
The Health and Safety at Work etc Act 1974 sets out the responsibilities of employers and employees with regard to safety in the workplace. Section 2(1) of HSWA covers the general duties of employers. It is further broken down into seven parts however, Part 1 places a general duty on employers 'so far as is reasonably practicable' to protect the health, safety and welfare at work of all employees.
St Georges NHS Mental Trust had not implemented risk assessments until after the tragedy.
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