A recent prosecution thought to be the first of its kind has opened the eyes of business around the UK. The reason for this is that the accident actually occurred outside of the employee’s normal working hours.
In October 2002 a driver was killed as he drove home from work after completing three consecutive 19 hour shifts. The accident occurred when the 21 year old man fell asleep at the wheel and drifted into the path of an oncoming lorry.
The subsequent investigation found that the company failed to monitor and manage the hours worked at their premises and that it was a regular occurrence that employees worked up to 115 hours a week.
The firm, which distributes potatoes, was not accused of pressuring their employees into working these hours, but it was decided that if the employer had looked at payroll information, it would have been apparent that employees were working excessive hours.
The company pleaded guilty and in mitigation stated there were now procedures in place to monitor their employees’ working hours.
They were fined £30,000 under Section 2 (1) of the Health and Safety at Work, etc. Act 1974 and ordered to pay £24,000 costs. This seemingly low level fine was due to the company’s current financial problems, as they were already £2 million in the red and on the verge of insolvency.


(Courtesy Peninsula Business Services – The Bottom Line)

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