Lift companies fined £400,000 after fatal lift incident

E045:06 7 April 2006

A lift operating company was fined £400,000 at Southampton Crown Court today, Friday 7 April 2006. The prosecution was brought by the Health and Safety Executive (HSE) following a breach of the Health and Safety at Work Act 1974.

Otis Investments (formerly Otis Plc) and Otis Limited (formerly Express Lifts Company Limited) - sentenced as a single company, Otis - were fined £400,000 following an incident that claimed the lives of two young men.

Michael Dawson, 27 and Daniel Digby, 25, were killed when they fell down a lift shaft of Shirley Towers, a high-rise block of flats in Southampton.

The incident took place in the early hours of 4 February 2001 when the pair fell against the lift doors, which swung open in the style of a cat flap due to inadequate fixings on the lower rail of the opening. Both men plunged about 30 metres and are believed to have died instantly.

Speaking after the case, Antony Thompson, HM Specialist Inspector of Health and Safety said:

"The tragic deaths of Daniel Digby and Michael Dawson are a reminder for all those with responsibility for lifts that they should be properly maintained so that they are safe and do not put people at risk.

"It is important that maintenance is carried out on a regular and frequent basis and that lift landing entrances and lift doors are designed and constructed to withstand the anticipated use.

"The hearing today also highlighted the importance that the maintenance regime takes particular account of the door retaining system."

Otis Investments and Otis Limited pleaded guilty to a single breach of Section 3(1) of the Health and Safety at Work Act 1974 (HSWA 1974) at an earlier hearing.

The judge also awarded costs of £145,000 against the defence.

Notes to editors

1 Section 3(1) of HSWA 1974 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.

2 In the Crown Court the maximum penalty for a single offence is an unlimited fine.

3 The cause of death for Michael Dawson was given as head injuries. The cause of death for Daniel Digby was given as multiple injuries.

4 Judge John Boggis QC decided that the £400,000 fine can be attributed as £200,000 to each defendant but for the purposes of sentence and because the two companies can reasonably be described as one single company.

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