Lancashire Businessman Fined Following an Accident at Work over Breach of Work Equipment Regulations

A Lancashire businessman has been prosecuted by the HSE (Health & Safety Executive) over a breach in ’accident at work’ regulations, which left an employee with a broken vertebra in his spine, unable to return to work.

The accident in question occurred at Roadferry Transport Yard on Carr Lane in Farington, Leyland, on 3 March 2010, where the employee, who has asked not to be named, slipped and fell from a ladder.

HSE investigators found that the ladder had been poorly maintained to the point that it was dangerous, missing feet at both ends and with a damaged bottom rung.

The businessman, Michael Wilson, trading as M Wilson Commercials, admitted that in failing to maintain his employee’s equipment, he had breached Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998.

As a result, Mr Wilson was fined £4,000 and ordered to pay prosecution costs of £2,000 on 2 February 2011.

John Carr, owner of Bolton-based accident at work specialists Carrs Solicitors, commented:

"It is an employer’s responsibility to ensure that work equipment is suitable, adequately maintained and safe to use. Employers must take all reasonable steps to avoid serious accident and injury occurring at work in any event, but unsafe equipment gives rise to ‘strict liability’ which imposes a higher standard upon the employer.

The positive effect of the Work Equipment and other Health and Safety Regulations that came into effect from 1993 is beyond dispute. HSE statistics show that in the 1992/93 year there were 339 fatal accidents at work whereas in the most recent 2009/10 year the numbers had reduced to 152. Many of these accidents are avoidable and this recent prosecution demonstrates that unsafe work equipment is, unfortunately, still an issue.

“If you suffer an injury at work, seek medical attention immediately. Once you have been treated, the best thing you can do is get in touch with a specialist accident at work solicitor for advice about making a claim.”

Carrs Solicitors is one of the leading injury at work claims specialists in Bolton and the North West. To find out more about making a claim following a serious accident at work, visit: http://www.carrssolicitors.com/

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John Carr

Owner

CarrS Solicitors

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