Buckinghamshire company pleads guilty following death

Date:

9 February 2010

Release No:

COISE/0902

A waste disposal company has been charged with breaching health and safety legislation after a member of the public was killed at the Civic Amenity Site in Newbury.

Biffa Waste Services Ltd, of Coronation Road, Cressex in High Wycombe pleaded guilty at West Berkshire Magistrates Court (on Monday 8 February 2010) to breaching Section 3(1) of the Heath and Safety at Work etc Act 1974.

The company also pleaded guilty to contravening Regulation 3(1)(b) of the Management of Health and Safety at Work Regulations 1999.

The case follows HSE's investigation into the death of Dennis Krauesslar, at the Civic Amenity Site, on Pinchington Lane in Newbury on 10 September 2007. The case has been committed to Reading Crown Court for sentence.

Notes to editors

1. Section 3 (1) of the Health and Safety at Work etc. Act 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".
2. Section 33(1)(a) of the Health and Safety at Work etc. Act 1974 states "It is an offence for a person to fail to discharge a duty to which he is subject by virtue of sections 2 to 7".
3. Regulation 3(1)(b) of the Management of Health and Safety at Work Regulations 1999 states: "Every employer shall make a suitable and sufficient assessment of - the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking".

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