This article relates to an employer failing to protect non-employees.
A brickworks was recently convicted and fined for failing to provide and maintain a suitable barrier around the boundary of a quarry. The prosecution was brought by the Health & Safety Executive after a 13-year old schoolgirl died.
On 26 April 2007, the schoolgirl and her friends, from South Yorkshire, gained access to the brickworks which had no security fence or barrier. She was killed almost instantly when a boulder weighing almost half a tonne became dislodged and fell on top of her.
The operator pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 for its failure to provide and maintain a suitable barrier around the boundary of the quarry, which is situated behind the brickworks.
At a sentencing hearing at Sheffield Crown Court today the brickworks was fined £25,000 and ordered to pay full costs of £22,833.
A HSE Inspector said:
“This is a tragic case where a young girl died as a result of the company not securing its premises. I hope today’s prosecution will act as a stark warning to other owners of quarries and construction sites that they have a responsibility to provide a secure, adequate barrier to prevent people getting in.
“In this case, the company was next to a housing estate, where children could easily gain access. A metal palisade fence has now been installed, but had the proper measures been put in place, this terrible incident could have been avoided.”
Notes
Section (3)(1) of the Health and Safety at Work etc Act 1974, states that: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety".