Coronavirus: Employer’s resource centre — live guidance available here

Another Large Fine

Health & Safety

Logistics firm DHL has been fined £2.6m following the death of an employee who was killed when a stack of car and lorry tyres collapsed at a warehouse

Robert Baynham, 50, was crushed to death as he worked at an office inside the storage facility in Coventry on 2 February 2016. The company admitted health and safety failings and was sentenced at Warwick Crown Court.

Another man suffered serious injuries and two other people were hurt during the same incident at DHL’s tyre distribution centre in Prologis business park on Central Boulevard

The warehouse stores tyres picked for commercial customer orders, which are distributed throughout the UK.

The jury at an inquest, held in April 2018, found the practice of high and top-heavy stacking of tyres in metal frames adjacent to the office were too close to each other and at risk of being knocked over by forklift trucks.

Summary of other Prosecution of Interest

  • Drayton Manor to be prosecuted following death of schoolgirl. On 9 May 2017, Evha Jannath died after falling from the park’s Splash Canyon water ride. Drayton Manor Park Ltd of Drayton Manor Drive, Tamworth, Staffordshire will face a charge under Section 3 of the Health and Safety at Work etc. Act. The criminal proceedings have not yet commenced, because an inquest into Evha’s death, due to be heard in November, needs to take place first.
  • A local council, and a bus company were fined after a passenger was killed when run over by a lorry at the bus station. Bedford Borough Council pleaded guilty to breaching Section 3(1) of Health and Safety at Work Act, was fined £300.000 and ordered to pay costs of £16,803.59.Cambus Limited of Cambridge pleaded not guilty to breaching Section 3(1) of Health and Safety at Work Act, was found guilty and fined £350,000 and ordered to pay costs
  • RJW Building Solutions Limited, a contractor carrying out refurbishment work at the Sea Hotel in South Shields, and Hotel 52 (Sea) Limited, the client company who arranged this work, were sentenced after workers disturbed asbestos. RJW Building Solutions pleaded guilty to breaching Regulation 5 of the Control of Asbestos Regulations 2012 and was fined £20,000 with £1,084.59 costs, Hotel 52 (Sea) Limited pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work Act 1974 etc and was fined £16,000 with £1,246.90 costs.
  • Dacorum Borough Council has been fined for exposing seven grounds maintenance workers to Hand Arm Vibration (HAVS), caused by excessive use of power tools. Council had neither adequately planned its working methods nor trained or informed employees on the risks to their health. They did not limit the duration or magnitude of exposure to vibration and failed to put in place suitable health surveillance to identify problems at any early stage. Plead guilty to breaching Regulation 5 of the Control of Vibration at Work Regulations 2005 and have been fined £100,000 and ordered to pay costs of £28,672.62.
© Copyright of Law At Work 2021 Law At Work is part of Marlowe plc’s employee relations division