Proprietor Fined
Friday 23 December 2011
Proprietor fined for putting public safety at risk
The proprietor of a food establishment in Sittingbourne, has been fined £150 for a Breach of Prohibition Notice, fined £150 for failing to comply with an Improvement Notice and ordered to pay costs of £200 to the Council.
The defendant (45) was sentenced at Maidstone Magistrates’ Court in December 2011 for offences of contravening a requirement imposed by an Improvement Notice contrary to section 33(1)(g) of the health and safety at Work etc Act 1974 as amended, and contravening a prohibition imposed by a Prohibition Notice contrary to section 33(1)(g) of the health and safety at Work etc Act 1974 as amended.
The court heard how on 16 June 2010, Mr David Carter, Environmental Health Officer at Swale Borough Council, carried out a routine health and safety inspection at the company. During the inspection on that day, it appeared that a suitable Asbestos Assessment had not been carried out. Mr Carter also noted that the interlock or cut-out device to the guard to the spiral dough-mixing machine was not working and exposed a risk of the user of that machine coming into contact with the moving parts.
Mr Carter discussed the matters of concern with the proprietor and stressed the importance of not using the dough-mixing machine until the interlock was repaired. This had been done when a visit was made the following day but the defendant was unable to show that any remedial action had been taken in respect of the Asbestos Assessment.
An improvement notice was served requiring the defendant to carry out an Asbestos Assessment by 7 February 2011. On 9 March 2011 this had not been complied with.
On 20 June 2011, the Asbestos Assessment was still outstanding and the interlock or cut-out device to the guard on the spiral dough mixing machine was not working. An employee was seen cleaning the inside surface of the mixing bowl with the guard open while the machine was in motion, exposing him to risk of serious personal injury.
The defendant was served with a Prohibition Notice on 20 June 2011. This prohibited the use of the spiral dough-mixing machine until the interlock to the guard had been repaired or replaced and it works properly.
On 29 June 2011, a visit found that the repair had still not been carried out. On 7 July 2011, Mr Carter visited the Premises accompanied by Peter Lincoln, the Commercial Team Manager. They noted that the dough-mixing machine was in use but that the guard was not working properly and therefore contravening the Prohibition Notice.
As a result of the Defendant’s failure to comply with the requirement to carry out an Asbestos Assessment and breach of the Prohibition Notice, two offences under the Health and Safety at Work Act 1974 and a prosecution have therefore arisen.
The Justices considered the facts of the matter and the mitigation put forward and were of the view that a fine was appropriate.
He was therefore fined £150 for breaching the Prohibition Notice, £150 for failing to comply with an Improvement Notice and was ordered to pay £200 in costs.
Peter Lincoln, Swale Borough Council’s Commercial Team Manager, said "While we always try to help and advise businesses to comply with their health and safety obligations we sometimes reach a point where contraventions continued to occur and we have to take action if it is in the public interest to do so. Where public health is at risk we will prosecute if we need to and we hope that the attention afforded to recent cases will act as a deterrent and highlight the issues."
