A RECYCLING firm based close to Redditch in Beoley has been successfully prosecuted by Stratford district council.
R&S Recycling Ltd of Beoley was taken to court for offences under the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulation 1999.
On Tuesday, June 6, Magistrates at Nuneaton fined the company £5,000, following an incident at Badger Nursery at Mappleborough Green on June 8, 2015.
A 77 year old lady was struck by one of R&S Recycling Ltd’s recycling collection vehicles reversing into the public car park after collecting the recycling waste.
Fortunately, the victim avoided life-threatening or fatal injuries.
When giving sentencing reasons the Chairwoman of the Bench referred to having considered the finances of the company, the lack of co-operation with the district council and a previous conviction following a fatality at the defendant’s premises in 2011.
In mitigation magistrates accepted there was a lack of communication from Badger Nurseries.
The company was fined £5,000 with payment costs in full of £6,637, plus a Victim Surcharge of £120 making a total of £11,757.
Councillor Mike Brain, holder ofthe district’s community and technical services portfolio said: “‘This was a very unfortunate incident which could easily have been avoided by the company carrying-out a risk assessment specific to this site and identifying the need to use a reversing assistant or collect the waste when the nursery was closed to the public.
“Reversing heavy vehicles is an inherently dangerous task which should be avoided where possible by arranging site layouts so that it’s not required.
“However, where it’s unavoidable measures must be taken to reduce the risk, such as the use of reversing assistants and, in areas where members of the public may be present, ensuring heavy vehicle movements are limited to times when the public don’t have access.
“Contractors working on client’s sites and businesses employing contractors must exchange information to allow each other to operate safely. Businesses are also advised to check on the health and safety arrangements of contractors they employ and to make sure they have the right skills and knowledge to carry out the work safely. Comprehensive guidance is available on the HSE website.
“I hope this prosecution sends a clear message that the District Council will take action in order to protect and safe guard the public.”
