Prosecution of Sellafield Ltd following contractors' exposure to radioactive contamination

ON004:09 22 May 2009

The Health and Safety Executive (HSE) is to prosecute Sellafield Ltd for alleged breaches of health and safety law. This follows HSE's investigation into the exposure of two contractor employees to airborne radioactive contamination on 11 July 2007 at Sellafield Nuclear Licensed Site in Cumbria.

The two contractors were exposed during the decontamination of an area of concrete floor. As a result of this exposure the two contractor employees received an internal dose of radiation.

Criminal proceedings have been commenced against Sellafield Ltd for an offence of failing to discharge its duty under Section 3 (1) of the Health & Safety at Work etc. Act 1974 ("The Act").

The initial court date has been fixed for 10:00am on 24 July 2009 at Whitehaven Magistrates' Court, Catherine Street, Cumbria. The prosecution of Sellafield Ltd in relation to this incident is now a matter for the Court. HSE are unable to comment further on the decision to prosecute.

Notes to editors

1. Section 3 (1) of The Act 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. If the case is dealt with to conclusion in the Magistrates' Court the maximum penalty the magistrates can impose for the offence is a fine of £20,000. If the case is referred to the Crown Court the maximum penalty available is 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.

Please note this information is issued for the sole purpose of informing the media of an hse prosecution. it is very unlikely that an hse press officer will be in court and the result of any hearing should be obtained directly from the court.

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