Austin Welch represented Spherical Components Limited in a prosecution brought by the HSE following an accident in the workplace in which an employee had lost a finger. Employee S had been operating a piece of machinery when her finger became entangled and crushed, leading to its subsequent amputation.
The company was prosecuted under Regulation 11 of the Provision and Use of Work Equipment Regulations 1998. The Prosecution had suggested that this was a case of high culpability and fell “at the high end” of harm category 2, attracting a starting point of a £54,000 fine with a range of between £30,000 and £110,000.
The Court rejected all of the Prosecution submissions as to where the case fell in terms of sentencing and accepted each of the defence arguments that this was a case of medium culpability within harm category 3. A fine of £19,000 was imposed.
Austin was instructed by Slater and Gordon in this case.
Austin Welch specialises in representing companies and directors charged with health and safety offences and environmental crimes. Should you require any advice or representation, please contact David Wright, the senior clerk in Chambers: firstname.lastname@example.org.