Nadim Bashir instructed in case involving injury at an engineering company following a breach of duty under section 2(1) of the HSWA, etc 1974Nadim Bashir
The matter arose out of an incident where a worker at C.F. Booth (Engineering) Limited who was carrying out adjustments whilst working on a lathe became caught in the machine by his clothing and was pulled in.
The Defendant Company faced one offence contrary to the Health and Safety at Work, etc Act 1974 (HSWA) in that it failed in its duty under section 2(1) of HSWA to protect the health, safety and welfare of its employees.
The defendant company entered a guilty plea before District Judge Redhouse who was sitting at Sheffield Magistrates Court.
The case was one of High Culpability as there had been systemic failure within the company to address risks to health and safety and the Harm Level was B as the risk was greater than the harm caused.
The starting point was £54,000 with a range of £30,000 to £110,000 and the District Judge started at £75,000 because the failures had subsisted over a long period of time.
Thus with full credit a fine of £50,000 was imposed plus prosecution costs and Victim Surcharge payable within 28 days.
Nadim Bashir is a Specialist Regulatory Advocate and a senior member of our Regulatory Crime team. The team has an unrivalled level of expertise in the North East with a national presence in areas of Health & Safety, Environmental Crime, and Food Safety.
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