Published on 15 June 2017
Archived on 15 July 2017
Stratford-on-Avon District Council has successfully prosecuted R&S Recycling Ltd of Beoley for offences under the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulation 1999.
On Tuesday 6 June, Magistrates at Nuneaton fined the company £5,000*, following an incident at Badger Nursery at Mappleborough Green on 8 June 2015.
A 77 year old lady was struck by one of R&S Recycling Ltd's recycling collection vehicles reversing into the public car park after collecting the recycling waste. Fortunately, the victim avoided the life-threatening or fatal injuries that would more commonly follow such an incident.
When giving sentencing reasons the Chairwoman referred to having considered the finances of the company, the lack of co-operation with the Council and a previous conviction following a fatality at the Defendant's premises in 2011. In mitigation the Magistrates accepted that there was a lack of communication from Badger Nurseries.
Cllr Mike Brain, Community and Technical Services Portfolio says: "'This was a very unfortunate incident which could easily have been avoided by the company carrying-out a risk assessment specific to this site and identifying the need to use a reversing assistant or collect the waste when the nursery was closed to the public.
"Reversing heavy vehicles is an inherently dangerous task which should be avoided where possible by arranging site layouts so that it's not required. However, where it's unavoidable measures must be taken to reduce the risk, such as the use of reversing assistants and, in areas where members of the public may be present, ensuring heavy vehicle movements are limited to times when the public don't have access.
"Contractors working on client's sites and businesses employing contractors must exchange information to allow each other to operate safely. Businesses are also advised to check on the health and safety arrangements of contractors they employ and to make sure they have the right skills and knowledge to carry out the work safely. Comprehensive guidance is available on the HSE website.
"I hope this prosecution sends a clear message that the District Council will take action in order to protect and safe guard the public."
* A fine of £5,000 was awarded with payment costs in full of £6,637, plus a Victim Surcharge (£120) - totalling £11,757.
Details of the fatality at R&S Recycling Ltd in 2011:
Stratford-on-Avon District Council
Elizabeth House, Church Street,
Tel: 01789 267575