HSE warning to fairground operators after prosecution

COI 711/W/08 18 December 2008

The Health and Safety Executive today demanded that fairground operators protect the public by ensuring that their staff are properly trained and supervised.

The call follows the prosecution of Oakwood Leisure Ltd for an incident, which resulted in the death of 16-year-old Hayley Williams.

Hayley, from Ponytpool, fell 100ft from the Hydro Ride at the Oakwood theme park in Pembrokeshire in April 2004.

On Thursday 18 December, Swansea Crown Court fined the company £250,000 and ordered to pay £80,000 costs after pleading guilty at an earlier hearing to a charge under the Section 3(1) of the Health and Safety at Work etc Act 1974.

HSE Inspector Phil Nicolle said: "Our thoughts are very much with Hayley's family. This tragic case should serve as a warning to all fairground operators that safety must be their top priority.

"Fairgrounds, including theme parks attract and entertain millions of people safely each year but regrettably accidents and incidents do still happen. Yet the majority of incidents are caused by management failings, as in this case.

"Our investigation showed that there were systematic failures by Oakwood Leisure Ltd to ensure their staff were properly trained and supervised to make sure they were following the basic safety procedures which are essential for rides like the Hydro.

"No death or serious injury at a fairground or theme park is acceptable and proper controls of hazards are essential. Incidents like this, that do occur are investigated thoroughly to ensure that any remedial measures needed are identified and put in place to reduce the possibility of similar incidents."

Notes to editors

• At a hearing at Haverfordwest Magistrates' Court in July 2008, Oakwood Leisure Ltd pleaded guilty to a charge under Section 3(1) of the Health and Safety at Work etc Act 1974.
• Section 3 (1) of the Health and Safety at Work etc Act 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."
• The inquest into the death of Hayley Williams returned a narrative verdict in May 2005, which stated that Hayley "was ejected from the Hydro ride because she was not properly restrained and died as a result of the injuries she sustained."

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Issued on behalf of the Health and Safety Executive by COI News and PR Wales.