HSE/NE/052/08 11 February 2008

HSE to prosecute Gateshead Council over carbon monoxide incident at school

The Health and Safety Executive announced today that it is prosecuting Gateshead Metropolitan Borough Council in connection with a carbon monoxide incident at Crookhill Primary School, Ryton on 14 November 2006.

The council will face a criminal charge for a breach of Section 3(1) of the Health and Safety at Work etc Act 1974. HSE alleges that Gateshead Metropolitan Borough Council did not have an effective gas safety management system and therefore did not do everything reasonably practicable to ensure the health and safety of people they did not employ.

The date for the first hearing at Gateshead Magistrates’ Court is 19 February 2008, at 10.30am.

Notes to editors

1. Section 3(1) of the Health and Safety at Work Act etc 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. The maximum penalty in the Magistrates’ Court for a single offence of breaching Section 3 of HSWA is a fine of up to £20,000. It is open to Magistrates to commit cases for trial or sentencing to the Crown Court, where the maximum penalty for the same offence would be an unlimited fine.
3. You are advised to check the time and date of the hearing with the Court nearer the time to ensure that the case has not been put back.
4. Now that criminal proceedings have commenced your attention is drawn to the fact that the provisions of the Contempt of Court Act apply to this matter.

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Jackie Woods: Tel: 0191 202 3604; or
Jill Barber: Tel: 0191 202 3609.

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HSE’s InfoLine 0845 345 0055
Caerphilly Business Park, Caerphilly CF83 3GG

HSE information and news releases can be accessed on the Internet www.hse.gov.uk

Issued on behalf of HSE by Government News Network North East.