HSE/NW/060/07 13 April 2007
Burscough firm director fined £2,000 after ignoring Health and Safety Executive enforcement notices
The Health and Safety Executive (HSE) today reminded company directors that they must ensure that work is carried out whenever required by an Enforcement Notice or face the legal consequences.
William Beach, a director of Techlink Enterprises Ltd, an office furniture manufacturer, of Abbey Lane Industrial Estate, Burscough was charged with offences related to failing to comply with two Improvement Notices. Ormskirk Magistrates’ Court fined him £2,000 and ordered him to pay £1,000 costs.
HSE Inspector Lisa Bailey said:
"The Improvement Notices offered the opportunity to carry out the work that needed to be done to ensure that employees didn’t suffer ill health because of the wood dust in the air and that a hand rail was fitted to the mezzanine level.
"When HSE returned the work had not been carried out and this prosecution has resulted. Improvement Notices are only issued where action needs to be taken for the safety and protection of employees. In this case a company director did not ensure the work was carried out when the Improvement Notices were issued, leaving the health and safety of staff at risk.”
William Beach pleaded guilty of two charges under section 37(1)(1) Health and Safety at Work etc Act 1974, of allowing offences to be committed by the company of failing to comply with the requirements of Improvement Notices.
For further information
Clive Naish, Regional Information Officer
Tel: 0161 952 4517
Notes to Editors
- Following a visit on 29 March 2006, HSE issued two Improvement Notices which required a thorough examination of the ventilation system provided for the control of wood dust and the provision of a handrail to prevent anyone falling from the open edge of a higher floor level. The HSE inspector revisited the premises on the 26 June 2006 and found that the Enforcement notices had not been complied with.
- HSE inspectors have a range of enforcement tools. Sometimes it is necessary to formally require compliance with the law by issuing them with a notice requiring specified improvements. An Improvement Notice will allow time for the recipient to comply in remedying breaches in health and safety law.
- Section 37(1) Health and Safety at Work etc Act 1974 states, "Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly”.
- Notices served by HSE are recorded on the Public register of enforcement notices which is found at http://www.hse.gov.uk/notices/
- The maximum penalty in the lower courts for failing to comply with an improvement notice is £20,000 fine and / or 6 months imprisonment.
Issued on behalf of HSE by Government News Network North West.