Pensioner died after being thrown from wheelchair on minibus

Date:

3 February 2011

Release No:

COILDN/0601

An elderly woman died of her injuries after being thrown from a wheelchair while in an Age Concern Westminster minibus, a court heard today.

Olive Sarti, 88, was taken to hospital with a head injury and a broken neck after the incident on Shirland Road, London on 20 September 2006.

The Health and Safety Executive (HSE) prosecuted Age Concern Westminster after an investigation that found the minibus driver had performed and emergency stop which resulted in Ms Sarti being hurled from her wheelchair.

The elderly lady was taken to hospital with a broken neck and head injuries. She died two months later on 11 November 2006. The post mortem examination confirmed the injuries sustained on September 20 were a contributing factor to Ms Sarti's death.

The Old Bailey heard that Age Concern Westminster employees had not secured Ms Sarti in her wheelchair, and workers had not been given adequate training by to the charity to ensure wheelchair users were safe while travelling.

Age Concern Westminster of Praed Street, Westminster, London, (pleaded guilty to/ were found guilty of) breaching Section 3(1) of the Health and Safety at Work etc Act 1974. It was fined £10,000 and ordered to pay costs of £5,000.

HSE Inspector Michael La Rose said:

"This fatal incident was foreseeable. There was MHRA guidance easily available to Age Concern Westminster on how to transport wheelchair users safely.

"This organisation fell well below expected standards and Olive Sarti's death could have been avoided if Age Concern Westminster workers had received adequate training."

"The seatbelt laws have long been established in British law. Age Concern was aware that people transported in wheelchairs should have these effectively secured and the wheel chair user should have an adequate seatbelt."

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. For more information about the work of HSE, visit www.hse.gov.uk
2. Section 3(1) of the Health and Safety at Work 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.
3. Although Age Concern England and Help the Aged merged to become Age UK in May 2008, many local organisations continue to operate as Age Concern.
4. Guidance is available in the form of "MHRA guidance Safe Use of wheelchairs in cars taxis and minibuses". The Medicines and Healthcare products Regulatory Agency (MHRA) is an Executive Agency of the Department of Health. The primary function of the Device technology & Safety Division of the Agency is to safeguard public health by investigating adverse incidents involving medical devices and where necessary issuing warnings to the users of devices including healthcare professionals and the public.

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