14 June 2010
City comments on Power Testing Ltd manager fine
On 11 June 2010, Alan Ager, who is the Chief Engineer and Health
and Safety Manager of Power Testing Ltd, lost his appeal in
Southwark Crown Court against three charges previously brought
against him under health and safety law. Mr Ager was fined a total
of £2500 and ordered to pay £5500 costs to the City of London
Corporation plus a £15 victim surcharge.
The Court heard that Power Testing are specialist electrical
contractors who carried out power factor correction work at a
premises in the City of London on 1st February 2007. Mr Ager was in
direct control of the job which resulted in a flashover accident
and severe burn injuries to one of the two Power Testing
technicians on site at the time. The employee remains unable to
work almost three years after the accident as a consequence of his
injuries. The relatively simple work was carried out in close
proximity to live conductors, including drilling and other
activities in dark and cramped conditions.
As Health and Safety Manager, Mr Ager had overall responsibility
for ensuring that risk assessments were conducted, as well as
advising the company directors on safety matters and drawing up
safety procedures. However, Mr Ager had failed to carry out a
suitable and sufficient assessment of the risks involved in the
work. He didn’t make enquiries as to the feasibility of full
isolation of the equipment and failed to identify simple and
relatively cheap precautions (such as installation of a screen)
that would effectively have removed or significantly reduced the
risk. Clear dangers of loose cables coming into contact with live
conductors had not been properly identified. Risks from metal swarf
(created by drilling activities) were not adequately controlled.
The precautions were wholly inadequate with the employees simply
being warned about the danger of live conductors.
Previously on 26th November 2009, Mr Ager was convicted under
section 2 of the Health and Safety at Work etc. Act 1974 (by virtue
of his consent, connivance or neglect under section 37 of the Act)
for failing to provide adequate health and safety information,
instructions, training and supervision to the technicians. He was
also convicted of a charge under Regulation 14 of the Electricity
at Work Regulations 1989 and Regulation 3 of the Management of
Health and Safety at Work Regulations 1999.
Earlier in 2009, Power Testing Ltd pleaded guilty to breaches
under section 2(1) of the Health and Safety at Work etc. Act 1974
as well as Regulation 14 of the Electricity at Work Regulations
1989 and were fined a total of £25000.
Philip Everett, Director of Environmental Services at the City
of London Corporation said:
“We would not normally seek to prosecute an individual as well as a
company, but in this case there were disastrous consequences for an
employee that could have been prevented. This case highlights the
responsibilities of safety personnel in ensuring that precautions
identified are able to protect employees from harm. Mr. Ager’s role
was pivotal in this regard, yet he failed to ensure that the
company met its obligations to ensure the safety of workers during
this job.”
Ends
Notes for editors
About the City of London Corporation:
The City of London Corporation is a uniquely diverse organisation.
It supports and promotes the City as the world leader in
international finance and business services and provides local
services and policing for those working in, living in and visiting
the Square Mile. It also provides valued services to London and the
nation. These include the Barbican Centre and the Guildhall School
of Music & Drama; the Guildhall Library and Art Gallery and
London Metropolitan Archive; a range of education provision
(including three City Academies); five Thames bridges (including
Tower Bridge and the Millennium Bridge); the Central Criminal Court
at Old Bailey; over 10,000 acres of open spaces (including
Hampstead Heath and Epping Forest), and three wholesale food
markets. It is also London’s Port Health Authority and runs the
Animal Reception Centre at Heathrow. It works in partnership with
neighbouring boroughs on the regeneration of surrounding areas and
the City Bridge Trust, which it oversees, donates more than £15m to
charity annually.
Press contact
Sanjay Odedra, Press Office, City of London Corporation
Tel: 020 7332 1835
Email:
sanjay.odedra@cityoflondon.gov.uk