HSE WM/534/08 3nd June 2008

Freight company prosecuted by HSE following death of worker

Following the death of an employee, in March 2006, the HSE (Health and Safety Executive) pursued a prosecution against Berser International Cargo Services Ltd for alleged breaches of health and safety at work legislation.

Legal proceedings were brought after Mr Martyn Simm (45), a lorry-driving employee, was killed when a sliding metal gate weighing 0.4tonnes (8cwt) fell onto him as he was closing it, on the company’s site in Chesterton,Newcastle-under-Lyme.

At Stafford Crown Court (on Monday 2nd June,2008) Berser International Cargo Services Ltd, was fined £22,000 with costs of £18,000 having pleaded guilty at an earlier hearing to a charge brought by HSE under Regulation 5(1) of the Workplace Health, Safety & Welfare Regulations 1992.

The company had admitted breaching health and safety legislation, by failing to ‘maintain equipment and devices (including the access gates to the premises) in efficient working order and in good repair'.

HSE inspector Rachel Bradshaw said:

"Basic maintenance of equipment is often ignored by employers and lives are put at risk as a result. There was a very obvious defect on this gate that a simple visual check would have identified. A few moments work and simple modifications would have prevented this tragedy from occurring."

Notes to editors

1. HSE published the latest annual work related fatal injury statistics on 26 July 2007 which can be viewed at: www.hse.gov.uk/statistics/fatals.htm

Public enquiries

Call HSE's InfoLine, Tel: 08701 545500, or write to: HSE InfoLine, Caerphilly Business Park, Caerphilly CF83 3GG.

Media enquiries (Journalists only)

To Ray Prichard, Tel: 0121 352 5508.
Or Andrew Myatt on 0121 352 5507

HSE information and press releases can be accessed on the Internet: http://www.hse.gov.uk

Issued on behalf of HSE by COI news and PR