This case highlights the individual and important responsibilities that leadership teams have for Health and Safety in the workplace.
The case was heard in Preston Crown Court. It surrounded Laser Shapes (NW) Limited, a manufacturer of agricultural trailers and their former Managing Director James Harrison. The company has been dissolved, but the case examined the personal responsibility that Mr Harrison had to his workers. It was claimed that over a period of time, Mr Harrison, exposed his employees to hazardous substances and deliberately hid unsafe working practices from HSE inspectors at the company’s former site at Witton Mill, Blackburn.
An investigation by the Health and Safety Executive (HSE) found that employees of Laser Shapes (NW) Limited used aerosolised paints containing isocyanates and solvents to spray large tractor trailers. This activity was being carried out without adequate controls in place to prevent workers from breathing in harmful substances. Breathing in products containing isocyanates and solvents can result in occupational asthma, dizziness, liver and kidney damage. Mr Harrison should have protected his workers by undertaking a thorough risk assessment before carrying out the work.
Mr Harrison of Silsden, Keighley was sentenced to 10 months imprisonment, suspended for 18 months with 20 hours unpaid work and ordered to pay costs of £5428.21, after pleading guilty to breaching Sections 37 and 2(1) of the Health and Safety at Work etc. Act 1974.
Following the hearing, HSE inspector Leona Cameron stated “James Harrison was well aware of the unsafe conditions that his employees were being subjected to whilst at work.”
“The effect of being exposed to these substances has resulted in at least one former employee developing a life changing condition, which could easily have been prevented if proper controls had been in place, such as suitable extraction and respiratory protective equipment.”
Employers, including the senior leadership team have a responsibility under the Health & Safety at Work Act to ensure employees are safe when carrying out their roles. One area of focus is to ensure that risk assessments are carried out and acted upon promptly at all working environments. Health and safety advice should be sought, if needed, to ensure that the necessary measures are put in place as well as ensuring that employees have received sufficient relevant training.
If you have any queries regarding health and safety, leadership responsibilities, or training including carrying out risk assessments, please get in touch with one of the team on 01924 827869. We would be happy to help.
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