Aug 17th, 2022
7 mins
The Federation encourages its members to review their processes for ensuring contractor safety. This includes employing competent contractors, monitoring contractors, permits to work for high risk work and lock out/tag out procedures for electrical work. In addition, we would also advise members to revisit the sentencing guidelines 2016.
UK Retailer B&M was recently fined £1 million after contractor electrician suffered serious burns in warehouse explosion in Liverpool. In this case the Electrical contractors working methods fell well short of the required standards. Electrical work commenced without proper planning and power supply was not isolated with no controls to factor out human error (switching on supply). With live working allowed to take place, this putting workers at risk of electric shock. The injured contractor suffered serious burns to 15 per cent of his body when he was caught in an explosion. B&M Retail Ltd pleaded guilty to breaching Section 2 (1) and Section 3 (1) of the Health and Safety at Work etc. Act and was fined £1,000,000.
To interpret this, we have provided the below simplistic explanation on the Health & Safety at Work Act and how it applies to those employing contractors:
Section 2 (1) this relates to those employing contractors, with the contractor working in an unsafe manner, this was clearly putting own employees at risk and therefore a breach of their duty.
Section 3 (1) this relates to those employing contractors and ensuring they are not exposed to any risk. As an employer of contractors you must ensure they are competent ones and have a robust system in place to monitor them. This does not mean controlling their work but stopping their work if unsafe (such as no lock out tag out procedures).
The contractor also pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work Act and fined £100 for the failure to protect their own employees. For the contractor there is a clear role defined for supervising employees. Full the full story please see below link:
Sentencing Guidelines 2016
With the sentencing guidelines coming into play in 2016 there is a duty for the employer toward its employees and non-employees. You will notice huge a huge difference in the fine for B&M (£1 Million) and the contractor (£100), this due to differences such as turnover. The sentencing guidelines provide a structured approach for a judge passing sentence, this considers many variables however the main key areas are as follows:
- Culpability – This is a comparison to find out how far the company was from complying with the law, this stated as low, medium, high or very high.
- Harm Category – This section considers both the seriousness of harm risked by the offender’s breach categorised (A, B & C) and the likelihood of harm (Low, Medium or High). It is important to remember this category is determined by potential for harm rather than actual harm.
- Company turnover – Once the levels of culpability and harm are established. The company size and turnover are established. Large over 50 million, Medium Turnover £10-50 million, Small turnover £2-10 million, Micro turnover up to £ 2million.
An example based of the sentencing guidelines would be a client employing a contractor to work at height. The contractor using inadequate access equipment to work at height with no safe system of work. Contractor falls from height resulting in a fractured knee cap. Incident is reported under RIDDOR and HSE or local authority investigate to find a material breach. Starting level for fine for large turnover company over 50 million turnover is £800,000 this could up to maximum of £3.25 Million.
See below full sentencing guidelines, please see below link:
