London Borough of Havering fined £500,000 for safety failings

In March 2015, Mr George Ball, a road maintenance worker for London Borough of Havering Council (the “Council”), suffered a severe cut above his left knee, damaging ligaments and cartilage. Mr Ball was attempting to cut down trees in Romford with no safety equipment, and with a saw fitted with an inappropriate blade, causing it to jam. When he pulled the blade to remove the jam, the blade ran across his knee. Surgery and sixty stitches were required to treat the injury.

Following an investigation by the HSE, Southwark Crown Court heard that the “wrong equipment” was used, and there had been no risk assessment using that saw. Prosecutor Bobek D’Cruz pointed out that, “Mr Ball had never read or been directed to the manuals for the equipment he used in his job”, continuing that Mr Ball had, “never seen nor been directed to the risk assessments that applied to his work”. A training video on the saw in question was shown to Mr Ball only after the incident, and specifically prohibited use of the blade Mr Ball used with that saw.

The Council, Mr Ball’s employer, pleaded guilty to breaching Regulations 4(2) and 4(3) of the Provision and Use of Work Equipment Regulations 1998. A fine of £500,000 was issued, with costs of £8,240. It was made clear that a safe system of work should have been in place, and the Council fell far short of this.
It was recognised by the Court that issuing such a high fine to a public body would have a wider impact than fines on private companies. Judge Alastair McCreath stated that, “any fine will have a significant impact on the service given by the council. Ultimately those who will suffer by this are those who are dependent on public services.” This was the first local authority fined under the new Definitive Sentencing Guidelines, which seeks to issue higher fines for safety failings. The Council, however, is considering an appeal, as they still view this fine as high in the circumstances of the case.

Mr Ball has not at this time pursued a civil claim against the Council, and interestingly Judge McCreath urged him to do so for compensation. The significance of the risk that Mr Ball was exposed to was highlighted by McCreath, who noted that the manual says use of this blade type could cause fatal injuries. It is yet to be seen whether Mr Ball will take this advice.