Car park owner jailed for ignoring safety

Date:

25 May 2011

A landowner has been jailed for ignoring safety issues at a car park at The Burrows in St Ives.

Truro Crown Court heard that following a complaint, inspectors from the Health and Safety Executive (HSE) visited a site owned by Nicholas Eastwood in February 2008.

They found part of the land being used as a car park near the edge of a valley slope, with a steep 30-metre drop to houses below.

HSE issued a Prohibition Notice preventing pedestrian and vehicle access five metres from the edge of the slope and Improvement Notices requiring suitable protection from falls.

No subsequent action was taken by Mr Eastwood and on 6 August 2009 emergency services were called to the site because a car was spotted hanging over the edge of the slope. Householders living below the site were evacuated while the car was removed.

Nicholas Andrew Eastwood of The Burrows, St Ives, pleaded guilty to breaching Sections 3 (2) and 33(1)(g) of the Health and Safety at Work etc Act 1974. He given a custodial sentence of nine months for breaching Section 33(1)(g).

Speaking after the hearing, HSE Inspector Barry Trudgian said:

"As the incident in August 2009 showed, there was a very real risk of a car going over the edge of Mr Eastwood's land which could have had very serious consequences, not only for the driver but also for residents and members of the public passing below. By simply installing a barrier, as he was requested to do, he would have significantly reduced this risk.

"Employers who ignore these notices, and continue to put people at risk, should expect to be prosecuted."

HSE serves Prohibition Notices where there is a clear, immediate risk of death or injury to employees or members of the public. Improvement Notices allow a limited time to raise safety standards.

Notes to editors

1. Section 3(2) of the Health and Safety at Work Act 1974 states: "It shall be the duty of every self employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety."
2. Section 33(1)(g) of the Health and Safety at Work Act 1974 states: "It is an offence for a person to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice."
3. Further guidance and advice on health and safety can be found on the HSE website at: http://www.hse.gov.uk

Press enquiries

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

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