LEICESTER BAKERS ORDERED TO PAY #628,000 AT LEICESTER CROWN COURT AFTER DOUBLE DEATH IN OVEN

17 Jul 2001 12:00 AM

A penalty of #628,000 was imposed on Harvestime Ltd, Fresha Bakeries Ltd and two directors and a manager by Leicester Crown Court today (Tuesday 17 July 2001) after two workers died of heat exposure as they worked on a bread oven at the company''s factory in Leicester on 16 May 1998.

Fresha Bakeries Ltd, trading as Harvestime (Leicester), of 480 Thurmaston Boulevard, Leicester, and Harvestime Ltd, 38 Raleigh Street, Walsall, and company directors John Bridson (MD); Brian Jones (Production Director) and Dennis Masters had pleaded guilty to eight health and safety charges. Charges against the company engineering director David Hanson had been previously ordered to lie on file.

They were fined a total of #373,000 and ordered to pay costs of #255,000.

Harvestime Ltd and Fresha Bakeries Limited, are both part of the William Price group of companies whose registered address is 38 Raleigh Street, Walsall. The prosecutions followed one of the first joint investigations with Leicestershire Constabulary under a new protocol on work related deaths.

Speaking after the case, Timothy Walker, Director General of the HSE said:

''This is an appalling case and naturally our sympathies are with the bereaved families. I hope that today''s penalties will send the strongest message to employers throughout Great Britain that protecting the health and safety of workers is a vital task for directors and managers, not an administrative inconvenience.''

The charges and fines are:

Charge

Fresha Bakeries Limited contravened Section 2(1) of the Health and Safety at Work etc. Act 1974, failed to provide their employees that they did not ensure the safety of their employees at work including David Mayes (deceased), with a safe system of work so far as was reasonably practicable.

Fine

#350,000 total fine against Fresha Bakeries Limited and Harvestime Limited for first four charges.

Harvestime Limited contravened Section 2(1) of the Health and Safety at Work etc. Act 1974, failed to provide their employees that they did not ensure the safety of their employees at work including Iain Erickson (deceased), with a safe system of work so far as was reasonably practicable.

See above

Fresha Bakeries Limited contravened Section 3(1) of the Health and Safety at Work etc. Act 1974, in that they did not conduct their undertaking in such a way as to ensure that persons not in their employment including Iain Erickson were not exposed to dangers to their health and safety.

See above

Harvestime Limited contravened Section 3 (1) of the Health and Safety at Work etc. Act 1974, in that they did not conduct their undertaking in such a way as to ensure that persons not in their employment including David Mayes were not exposed to dangers to their health and safety.

See above

Dennis Masters, the chief engineer and an employee of Fresha Bakeries Limited contravened Section 7 of the Health and Safety at Work etc. Act 1974 in that he failed to take reasonable care for the safety of other persons who were affected by his acts or omissions at work.

#2,000

Brian Jones, an employee contravened Section 37 of the Health and Safety at Work etc. Act 1974 in that an offence committed by the company, namely failure in its duty under Section 2 (1) of the Health and Safety at Work etc. Act 1974 was carried out with his consent or connivance or was attributable to his neglect.

#1,000

John Bridson, managing director of Harvestime Limited, contravened Section 37 of the Health and Safety at Work etc. Act 1974 in that an offence committed by the company, namely failure in its duty under Section 2 (1) of the Health and Safety at Work etc. Act 1974 was carried out with his consent or connivance or was attributable to his neglect.

#10,000

John Bridson, managing director of Fresha Bakeries Limited, contravened Section 37 of the Health and Safety at Work etc. Act 1974 in that an offence committed by the company, namely failure in its duty under Section 2 (1) of the Health and Safety at Work etc. Act 1974 was carried out with his consent or connivance or was attributable to his neglect.

#10,000

In addition, the companies were ordered to pay a total of #250,000 costs and John Bridson #5,000 costs.

NOTES TO EDITORS

1. Section 2(1) of The Health and Safety at Work etc. Act 1974 states: ''It shall be the duty of every employer to ensure so far as reasonably practicable, the health safety and welfare at work of all his employees.''

2. Section 3(1) of The Health and Safety at Work etc. Act 1974 states: ''It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not exposed to risks to their health or safety.''

3. Section 7 of The Health and Safety at Work etc. Act 1974 states: ''It shall be the duty of every employee while at work (a) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work ...''

4. Section 37 of The Health and Safety at Work etc. Act 1974 states:

(1) ''Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.''

(2) ''Where the affairs of a body corporate are managed by its members, the preceding subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate''.

5. Crown Court can impose unlimited fines for these charges.

6. Your attention is drawn to the fact that the provisions of the Contempt of Court Act apply until this case is closed.

Issued on behalf of the HSE by COI East Midlands. For more information please contact Matt Hurst on TEL: 0115 971 2792 or Nigel Richardson on 0115 9712797; FAX: 0115 971 2791; EMAIL: mhhurst@coi.gsi.gov.uk

HSE Press Office Out of hours number: 0207 9288382