Company fined £100,000 for fatal breach of Section 6 HSAW

A company who designed and manufacture twin deck recovery vehicles was fined £100k at Southwark Crown Court. The Company, represented by Miles Bennett and Paul Davis of DWR in Bristol had pleaded guilty to a count alleging two breaches (one fatal) over a three year period. The allegation was that the vehicle had left the Defendant’s factory initially without any safety features (breach 1) and when returned and refitted had a safety feature that could be overridden, which caused a worker at another company to become crushed when the top deck collapsed on him. HHJ Pegden QC found that there was a High Culpability with Harm category A and a medium likelihood of harm. Because of the earlier breach the judge moved up the “Harm” category. The Defendant company, which had a turnover of £3.4 million, had pleaded guilty at an earlier hearing were ordered to pay a fine of £100k payable within a year.