A Nantgarw firm that put its staff and visitors at risk by failing to adhere to Health and Safety legislation, despite numerous warnings to do so, has been prosecuted.
Rhondda Cynon Taf Council’s Environmental Health Officers were left with no choice but to take action after witnessing the situation at the warehouse of drinks and confectionary wholesaler Springfield Drinks.
Representatives of the firm admitted both charges, laid under the 1974 Health and Safety at Work Act, leading to fines and costs totalling nearly £4,000 being imposed at court this month.
Concerns were first raised during a routine health and safety inspection at the premises in December 2008, when officers noticed racking used to store drinks and confectionary was damaged and bent. There was also no system in place to ensure the racking was safe.
This led to the risk of the racking collapsing and falling objects injuring staff or visitors to the warehouse.
As well as the physical condition of the racking, there were also concerns that adequate information and training was not being given to staff in relation to manual handling, exposing them to the risk of injury and long-term health issues.
This was compounded when a worker was seen to lift a pack of bottles while standing on a pallet of goods, using manual handling methods that put his health at risk.
The firm was informed of the concerns of the officers and given time in which to rectify them.
Officers revisited the premises some weeks later to ensure the improvements had been made and, when they discovered the situation was still not up to standard, made a decision to serve legal notices on the firm to ensure the work took place.
Further visits to check compliance with the legal notices again showed work had not been completed and, the business was given the chance to send representatives to be interviewed under caution by Environmental Health officers and to discuss the situation and a way forward.
When these interviews were not attended by the firm, officers made the decision to lay down two charges under the 1974 Health and Safety at Work Act.
The case was heard at Rhondda Magistrates’ Court on May 7. The firm admitted both charges and was fined £1500 for each. It was also ordered to pay £784.11 costs and a victim surcharge of £15.
David Jones, Head of Community Protection at Rhondda Cynon Taf Council, said: “Health and safety legislation is in place to ensure that firms uphold the duty of care they have to their staff, customers and visitors to their premises.
“In this case, it was clear that the health and safety of others was being compromised by not only the condition of the racking, but also the fact staff were unaware of how to protect themselves while carrying out their duties, such as lifting and handling in the warehouse.
“Officers working proactively identified the issues and gave the firm ample time and opportunity to respond and put the situation right. When they failed to do this, we had no choice but to take legal action in order to protect their staff.
“I hope this case serves as a reminder to business managers about their personal liability for the Health and Safety of their workforce
“If they are unsure of their legal obligations I would urge them to make contact with us so we can help them operate confidently, professionally and legally and thereby avoid legal action such as this.”
