02/09/2019
Last month Alwyn Thomas, director of Devon based company Celtic Rock Services Ltd, pleaded guilty to section breaching 37 of the Health and Safety at Work etc Act 1974 and received a 12 week prison sentence suspended for one year in relation to three employees who developed and reported symptoms of Hand Arm Vibration Syndrome (HAVS).
His company, which undertakes rock drilling and cliff stabilisation work, also pleaded guilty to breaching section 2(1) of the 1974 Act and was fined £36,667. The prosecution’s costs of just over £7,000 was ordered to be paid equally by the two defendants.
HSE’s investigation found that the Health and Safety risk assessment did not identify the actual exposure to vibration and used out of date vibration data. Further there was no health surveillance of employees until 2016.
A recent impact assessment on the sentencing guideline for health and safety offences revealed that in 2017 over 25% of individuals convicted of a health and safety offence received an immediate or suspended custodial sentence.
HAVS is a hazard in industries where vibrating tools are used. In July 2019 HSE published the second edition of its guidance Hand-arm vibration L140 which can be downloaded at http://www.hse.gov.uk/pubns/books/l140.htm. This outlines the duties of employers under the Control of Vibration at Work Regulations 2005 as they relate to HAVS.
Charlotte Waters, Mike Appleby and Louise Smail of Fisher Scoggins Waters have written HSE and Environment Agency Prosecution: The New Climate.
Fisher Scoggins Waters are a London based law firm who specialise in construction, manufacturing and engineering matters. If you have recently had a health and safety incident occur in your workplace and require legal advice, please phone us on 0207 993 6960.