Major fine for York Brewery
York Brewery was recently fined almost £40,000 plus costs for breaches of health & safety legislation when an employee suffered life changing injuries.
The brewery, which owns the Last Drop Inn, had been warned by Council officers in 2011 about the dangers of leaving the trap door into the cellar in the pub open and unguarded. The door was left open up to 8 times a day with staff merely warning each other that they were going into the cellar and that the door would be open. The chains protecting the cellar door had not been used for more than 3 years. The door was situated in a dark corridor. When a driver delivering gas cylinders stepped aside to let an employee turn the light on he stepped backwards and fell through the open trap door suffering severe injuries.
Pub owner and operators’ responsibilities
As the owner or manager of licensed premises, and an employer, you owe a duty of care to protect the health and safety of your staff, customers and lawful visitors. If you employ more than 5 people you will need to have a written health and safety policy and to perform a formal assessment of the risks to your staff and customers and visitors. If you negligently breach this duty of care an injured party can claim damages.
You also have obligations under statute – for example, the Health and Safety at Work Act 1974 and the Occupier’s Liability Acts. A breach of these can lead to you being prosecuted in the magistrates or Crown Court where you may be fined and/or sentenced to a period in prison.
Unlimited fines in Health and Safety cases
The fines for offences under Health and Safety legislation are now unlimited. The Government has introduced sentencing guidelines which will particularly impact on large organisations convicted of serious health and safety breaches. Sentence levels are increased to ensure that the sentence is proportionate to the offence with fines taking into account the financial circumstances of the offending organisation and its turnover.
- A successful defence to any health and safety action relies upon you being able to show that you took all reasonable steps to avoid accident or injury.
- A comprehensive risk assessment is a crucial part of this process and should be carried out regularly.
- The findings must be acted upon and the assessment must be regularly reviewed. Records of assessments and reviews must be kept.
- Your risk assessment should identify ways of avoiding hazards – e.g. liquid spillages from fridges and melting ice, leaving cellar hatches open, etc. It should also identify how any such hazards should be dealt with e.g. immediate treatment of spills. It is crucial that staff are trained in how to avoid injury to both themselves and customers.
- You may have a generic risk assessment across your estate but it is important to tailor this to make it specific to each individual site where hazards will be different due to the structure of the building e.g. floor levels, location of cellars etc.
Should you be convicted of a health and safety breach then a commitment to learning lessons, improving systems and an early guilty plea, where appropriate, are likely to help to reduce the fine.
Of course accidents happen even when all necessary precautions have been taken to avoid them and sometimes insurance claims have to be made to cover these. You must be careful that your insurer is not able to avoid liability when investigating a claim because it can show that your health and safety measures were not up to scratch. For example, if you employ more than 5 people you have a legal duty to have a written health and safety policy and to carry out a risk assessment. Failure to carry out this basic level of preparation may lead your insurer to void your insurance. Conversely if you have invested a lot of time and effort in health and safety you may be able to negotiate a reduction in your insurance premium. In all cases check that you are happy with any exclusions put on the policy.
The HSE has published an sample risk assessment for a pub