HSE/E/75/08 21 May 2008

HSE warns companies to manage health and safety concerns following Norfolk prosecution

The Health and Safety Executive (HSE) has warned employers to ensure they manage health and safety risks in the workplace, following the prosecution of a Thetford company.

Tulip Ltd, of Caxton Way in Thetford, was fined £265,000 with £21,653.35 costs, at Norwich Crown Court today (May 21) following several breaches of health and safety regulations.

On 4 October 2005, Tulip employee Michael Warnes, from Thetford, had three of his fingers amputated in a machine used to seal plastic food packaging. The HSE investigation identified that the machine was not adequately guarded and Tulip was found in breach of section 2(1) of the Health and Safety at Work etc Act 1974.

Then on 28 Nov 2005 self-employed contractor Korim Richardson suffered a severe electric shock while changing a light fitting at the same site on Caxton Way. Mr Richardson was working on a ladder at the time of the incident and the electrical surge caused him to swing back with the ladder leading to cracked bones in his shoulder. The HSE investigation identified a failure to maintain the electrical system at the site breaching of section 4(2) of the Electricity at Work Regulations 1989. 

Finally, on 26 February 2006 the company was served a Prohibition Notice after allowing their employees and contractors from Ecolab to access wooden walkways over a suspended ceiling at the site. The walkway did not have full guardrails at the sides so employees and contractors risked falling some 60ft through the ceiling onto the production floor. Tulip were found in breach of section 4(2) of the Health and Safety at Work etc Act 1974. Ecolab was also sentenced at an earlier hearing.

HSE Inspector, Steve Gill said:

"Tulip has received fines consistent with the failure to manage health and safety issues at their site in Thetford. The company has exposed their employees to potentially dangerous situations and HSE will not hesitate to take action against those who fall short of the law in such a way."

Notes to editors

1. Section 2(1) of the Health and safety at work etc Act states: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees." (Fine: £120,000)
2. Section 4(2) of the Electricity at Work Regulations 1989 states: "As may be necessary to prevent danger, all systems shall be maintained so as to prevent, so far as is reasonably practicable, such danger" (Fine: £100,000)
3. Section 4(2) of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of each person who has, to any extent, control of non-domestic premises to take such measures as is reasonable for a person in his position to take to ensure, so far as is reasonably practicable, that the premises, all means of access thereto or egress there from available for use by persons using the premises, and any plant or substance in the premises or, as the case may be, provided for use there, is or are safe and without risks to health" (Fine: £45,000).

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