Following a hearing at Southern Derbyshire Magistrates’ Court on 26 November 2007, the Co-operative Group (CWS) Ltd has pleaded guilty to two offences under the Health and Safety at Work Act.
Amber Valley Borough Council brought the prosecution against the company following an accident that occurred on 3 May 2006 at the ACC Distribution Depot on Venture Crescent, Somercotes, Derbyshire.
Mr Peter Godkin, a cleaner at the site, suffered personal injury after a ride-on floor cleaner he was operating trapped his feet and legs against a low wall. Mr Godkin had dismounted from the cleaner to clear an obstruction on a sloping ramp.
The Co-op was ordered to pay a fine of £5,000 for breach of section 2 of the Health and Safety at Work Act 1974 and £3,000 for breach of regulation 3 of the Management of Health and Safety at Work Regulations 1999. It was also ordered to pay Amber Valley Borough Council costs of £3,309.94, all payable within 28 days.
Julia Webb, one of the Council’s Environmental Health Officers, conducted an investigation into the accident and the surrounding circumstances. She said, “We brought this prosecution to address a number of issues regarding health and safety, in which the company did not reasonably foresee the potential for accidents on their premises. We were not able to ascertain with any certainty some elements of the sequence of events that occurred on 3 May, however the company were found to have failings in their management of health and safety.”
The company provided Miss Webb with three risk assessments but they did not include certain hazards which should have been identified and controlled. The investigation found that the root of the company’s failing was that the risk assessment process was carried out using standard documentation produced by the company’s Head Office, which were not then checked to ensure they covered all site specific hazards.
Since the accident the company has implemented a number of further safety measures.
Ends.
For further information contact Lisa Garnham, PR and Communications Manager at Amber Valley Borough Council, on 01773 841655.
Notes to editors:
The Co-operative Group Ltd was charged with the following offences:
1) That on 3 May 2006 Co-Operative Group (CWS) Limited being an employer failed to discharge a duty to which they were subject by section 2 of the Health and Safety at Work etc Act 1974, namely the duty to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees in that they permitted a ramp at their premises at Venture Crescent, Somercotes, Derbyshire to be obstructed causing Peter Godkin to work in an unsafe manner which led to him becoming trapped between a piece of machinery and a wall, contrary to sections 2 and 33(1)(a) of the Health and Safety at Work etc Act 1974.
2) That on 3 May 2006 Co-Operative Group (CWS) Limited being an employer failed to make a suitable and sufficient assessment of the risks to the health and safety of employees to which they were exposed whilst they were at work for the purpose of identifying the measures needed to be taken to comply with the requirements and prohibitions imposed upon them by or under the relevant statutory provisions, contrary to regulation 3(1) of the Management of Health and Safety at Work Regulations 1999 and section 33(1)(c) of the Health and Safety at Work Act 1974 as amended.
