Car wash firm failed to protect workers

Date:

14 July 2010

Release No:

HSE-E-21

An Essex car wash company was today fined for failing to purchase compulsory insurance to protect its employees.

Prowash Systems Limited, which runs a car wash in Eastwood Road, Rayleigh, was fined £6,750 at Southend Magistrates' Court.

The court heard how the company failed to produce a current Employers' Liability Compulsory Insurance (ELCI) certificate when a Health and Safety Awareness Officer from the Health and Safety Executive (HSE) visited the premises in December 2009.

All employers need to have an ELCI certificate and must show a copy to a HSE official immediately on request. When Prowash Systems failed to do this, it was issued with an ELCI "notice to produce". The company did not comply with this notice and when representatives from the company were then called to an interview with HSE inspectors they failed to attend.

Prowash Systems Limited failed to attend court today and so Magistrates heard the case in the company's absence. They found it guilty of five breaches of Section 1(1) of the Employers' Liability (Compulsory Insurance) Act 1969, for failing to hold ELCI. Magistrates also found the company guilty of breaching Section 4(2)(b) of the same Act, for failing to produce a valid ELCI certificate upon request. The company must also pay a further £1,000 in costs.

Prowash Systems Limited has its registered office at Leigh House, Weald Road, Brentwood.

HSE Inspector Steve Hook said:

"Injuries can stop employees from working for a significant period of time - or even for life, and workers must be protected with compulsory insurance.

"Employers' Liability Compulsory Insurance means those employees will not be left to fend for themselves and their families. It is designed to protect employees and ensure they are covered if they are injured or made ill by their work.

"Failing to have this insurance potentially leaves members of staff doubly vulnerable in the event of an accident or ill health. This case is a warning to all employers about how seriously HSE takes this issue."

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement.
2. Section 1(1) of the Employers' Liability Compulsory Insurance Act 1969 states: "Every employer carrying on business in Great Britain shall insure, and maintain insurance, under one or more approved policies with an authorised insurer or insurers against liability for bodily injury or disease sustained by his employees."
3. Section 4(2)(b) of the Employers' Liability Compulsory Insurance Act 1969 states: "Where a certificate of insurance is required to be issued to an employer in accordance with regulations... the employer (subject to any provision made by the regulations as to the surrender of the certificate) shall during the currency of the insurance and such further period (if any) as may be provided by regulations produce the certificate of insurance or a copy thereof on demand to any inspector duly authorised by the Secretary of State for the purposes of this Act and produce or send the certificate or a copy thereof to such other persons, at such place and in such circumstances as may be prescribed by regulations."
4. Further information on Employers' Liability Compulsory Insurance is available online at: http://www.hse.gov.uk/pubns/hse40.htm

Press enquiries

Regional reporters should call the appropriate Regional News Network press office.

Issued on behalf of the Health & Safety Executive by COI News & PR East