Factory Fined for Not Insuring Agency Staff
Wednesday, March 3rd, 2010
A window manufacturer has been taken to task for not having injury insurance for the employees. The fact came to light after a severe injury was caused to a worker in a workplace accident.
The incident took place on 19 May 2009, when the agency worker, Jeremy Adams, was working on window frames with some machinery, for employer M&M Windows. He was using a double pivoting-head-mitre cutting saw to cut window frames at the firm’s factory in Dudley,
The hearing in the case took place in the Dudley Magistrates Court where the window manufacturer was fined £10,000 and was also ordered to pay £2,500 towards costs. The company, M&M Windows Ltd, was found guilty of breaching Section 2(1) of the Health and Safety at Work Act 1974 and Section 1(1) of the Employers’ Liability (Compulsory Insurance) Act 1969.
The HSE issued an Improvement Notice ordering the company to put a protective guard on the saw and produce documentation as a proof of Employer Liability Compulsory Insurance. It later emerged in the court proceedings that the company did not consider it necessary to have such insurance against injuries to workers since it employed mostly agency staff.
HSE inspector Jenny Skeldon stated that it is mandatory for all companies to have employee insurance. Employers must show adequate care about the well being of their workers, agency staff or otherwise. The extent and the degree of the employer’s relationship with workers usually decided the need for insurance.
For help in managing health and safety hazards and risks, Workplace Law can assist in establishing good practices by addressing problems and rectifying deficiencies. Organisations can achieve compliance with Occupational Health and Safety Accreditation Standard (OHSAS 18001) by demonstrating legal and regulatory compliance with improved policies and performance to achieve a successful safety management system.