Employers need to ensure employees health and safety
Friday 8th April 2011
Two different companies - the pub chain Wetherspoons and the fruit and vegetable wholesaler A David and Co Ltd - have been handed fines after employees were injured due to a breach of health and safety regulations by their employers.
Wetherspoons were fined £27,000 after an Exeter employee was badly burned during a shift at the Chevalier Inn, Fore Street.
Joe Sellman-Leava, a 22 year old student, had been unable to attend the induction course before starting the job as he had been ill - but managers at the pub told him to come in for his first shift on the 23rd July anyway.
Having had no formal training and wearing no protective clothing except for a pair of gloves, Mr. Sellman-Leaver was asked to help clean the pub's kitchen at the end of a late shift. While cleaning the grill plates in a decarbonising unit, he was panicked when hot steam surrounded his face, causing him to drop the heavy grill plate. Detergent from the grill plate heated to 80C splashed over him, resulting in injuries and permanent damage to his skin on his arm, stomach and legs.
Mr. Sellman-Leaver described being in "excruciating pain" and tried to take off his trousers and pour water over his legs. An ambulance was called and Mr Sellman-Leaver was given morphine to help ease the pain.
An investigation by Exeter City Council's environmental health department found three breaches of the Health and Safety Act, - all of which Wetherspoons pleaded guilty to - including a breach of a general duty to an employee, a lack of adequate and sufficient risk assessments and no training in the use of the machine. Wetherspoons were also criticised for providing no clear access route to the unit from the kitchen and for failing to take immediate remedial action following the incident despite recommendations from Exeter City Council.
Magistrates recognised that Wetherspoons generally have a good safety record and a training system in place. However, these controls were not implemented at a local level and the company was found to have been negligent.
The company was fined £27,000 and ordered to pay £6,300 in costs. Compensation for Mr. Sellman-Leava will be agreed at another hearing.
Another company, fruit and vegetable wholesalers A David and Co Ltd of Bishop Sutton, have been fined £5,000 plus costs of £3,700 after an employee sliced part of his finger off using a food slicing machine. The firm admitted two offences under health and safety legislation.
Bath Magistrates' Court heard how the employee had not been trained in how to use the food slicing machine, which had also not been properly maintained and was in a dangerous condition.
Both cases emphasise the importance of employers not only having health and safety training systems in place, but also making sure that those systems are implemented for each and every employee and ensuring that any equipment is in a safe working condition.
Employers have a duty to do whatever is reasonable to protect employees from anything that may cause them harm, and to control any risks to injury or health that may arise in the workplace.
Employers should carry out a thorough risk assessment and then take steps to both inform employees of these risks and take steps to minimise them. This should principally include training on how to deal with the risks and how to protect ones self against them, including a duty to provide employees with any personal and protective equipment.
Employees also have certain rights in relation to health and safety, including the right to be consulted - either directly or through a health and safety representative - on health and safety issues and the right to leave the work area without being disciplined if they have reasonable concerns over their safety. Employees do, however, also have a responsibility to take care of their own and fellow employees' health and safety.
Ashfords Personal Injury team have experience in all areas of personal injury including work related injuries.
Ashfords LLP is regulated by the Solicitors Regulation Authority. The information in this note is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.
