Crown Censure of Scottish Prison Service

HSE/SCO/136/2009 10 July 2009

The Health and Safety Executive (HSE) yesterday issued a Crown censure of the Scottish Prison Service over two incidents involving prisoners at HM Prison Barlinnie, Glasgow.

The incidents occurred 11 days apart in August 2008, and involved prisoners' fingers becoming trapped in a vibrating mould table in the prison's concrete workshop. The two prisoners suffered entrapment crushing injuries to their fingers and have since recovered. One had bruises only, the other had separation of the bones at the joints.

A HSE investigation established that a risk assessment for the machine was not updated after modifications were made to it.

The Scottish Prison Service attended a formal hearing at HSE's Glasgow office. The Scottish Prison Service accepted the Crown censure after providing details of significant improvements to managerial systems implemented following the accidents.

HSE investigating Inspector Mike Orr said the two incidents showed that systems for preventing accidents had not been sufficiently effective. He said:

"These two incidents were completely preventable. This case demonstrates the importance of completing a risk assessment when modifying machinery. We are satisfied that systems for managing risks at the prison have been improved."

Notes to editors

1. The Scottish Prison Service was charged with two breaches of health and safety law:
   • Regulation 3(3)(a) of the (b) of the Management of Health and Safety at Work Regulations 1999 - in that they failed to review the risk assessment for the operation of the machine when there had been a significant change to the machine.
   • Section 3(1) of the Health and Safety at Work etc Act 1974 - in that they failed to ensure, so far as was reasonably practicable, the safety of persons not their employees, who were affected by the manner in which the undertaking was conducted.
2. While the provisions of the Health and Safety at Work Act apply to Crown bodies, including departments and agencies, Crown immunity means such bodies are excluded from the provisions for statutory enforcement, including prosecution and penalties. HSE enforces health and safety law in relation to Crown bodies in Great Britain.
3. A list of censured Crown bodies is published online and in the HSE annual report.

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