Council fined after child injured at Tyneside museum

Date:

7 September 2010

Release No:

NE/223/10

Newcastle City Council has been fined after a five-year-old girl needed surgery when she was injured by an interactive exhibit at one of its museums.

The child was visiting the Discovery Museum in Newcastle with her family when she placed her hand in an opening of the "Floating on Air" exhibit on 17 August 2009.

The opening led down into the rotating blades of a fan which powered the air flow through the machine. The opening should have been protected by a guard which was missing and so the girl's hand came into contact with the rotating blades of the fan.

The five-year-old, who is from Leeds and cannot be named for legal reasons, put her hand through the opening and suffered serious injuries, which required immediate surgery.

The Health and Safety Executive (HSE) prosecuted Newcastle City Council, which runs the museum, following the incident. Newcastle City Council, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 at Newcastle Upon Tyne Magistrates' Court today. It was fined £12,000 and was ordered to pay costs of £7,733.

HSE's investigation showed that there was no formal system in place to ensure the exhibit was in good condition and was safe to use.

Since the incident the youngster also had to undergo further surgery, including a skin graft and a tendon harvest and replacement. The injury has meant she has not been able to take part in some activities, such as swimming and gymnastics and has had repeated hospital visits. Two of her fingers are still bent and scarred.

After the case, HSE inspector, Carol Forster, said:

"The serious injuries that this young girl suffered could easily have been avoided.

"The Floating on Air exhibit had been in use for a number of years, yet the gap had not been fixed.

"The health and safety of members of the public, especially children, who use interactive exhibits in museums is very important.

"It's important that councils, like any other organisations, must have systems and procedures in place to ensure that the safety of members of the public is not put at risk by their activities."

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. www.hse.gov.uk
2. HSE Inspector Carol Forster is available for Interviews upon request.
3. 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."
4. The court also Newcastle City Council to pay a separate [£15] victim surcharge, the proceeds of which will be spent on services for victims and witnesses.
5. The court also imposed an order prohibiting identification of the child.

Press enquiries

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

Issued on behalf of the HSE by COI News and PR North East