SCHOOL HEALTH & SAFETY | Huge fine after minibus death

A council has indicated it broke Health & Safety law.

This was after a 15-year-old was fatally struck by a school minibus.

The comprehensive school pupil collided with the minibus as he ran to catch a bus home. The incident occurred on a road inside the school’s gates.

The PE teacher who drove the minibus is not being prosecuted but the Health & Safety Executive (HSE) brought a case against Bridgend County Borough Council. 

Health & Safety at Work Act

The local authority is charged under section 3(1) of the Health & Safety at Work etc Act 1974. Section 3(1) says every employer must carry out their activities in ways, which as far as ‘reasonably practicable’, do not expose non-employees to Health & Safety risks.

The matter has been sent to crown court with a hearing set for 17 September. 

The council faces a huge fine. If the court finds its ‘culpability’ (degree of fault) is ‘medium’, the starting point for the fine will be £1.3m. If culpability is felt to be ‘high’, the starting point will be £2.4m.

£ 0
Minimum fine with 'high culpability'

Accident waiting to happen

Concerns had been raised about safety at the school before the incident. A regular bus driver has said it was an ‘accident waiting to happen’.

The pupil’s family say they want to see speed limits on school property made enforceable. The 5mph limit inside the school’s gates is not enforceable by law as it is private land.

“Protecting your staff, pupils and contractors doesn’t start at the school door – it’s way before that. Schools need to be able to control and assess risks as soon as people enter the site and the safe management of vehicles is one key consideration”
Nick Wilson, Employees Duties Health and Safety
Nick Wilson
Director of Health & Safety Services

ONLINE TRAINING | IOSH Safety for Executives and Directors

Looking to improve your understanding of health and safety, demonstrate your commitment to employee wellbeing, and protect your business from prosecution? Learn essential skills in effective risk management, including how to create a COVID-secure workplace, with this one-day course for business owners, senior managers and directors.

29 September 2020 | 09:00 – 16:30

Director of Health & Safety Services

Nick Wilson

Health and safety should be a priority for any business but ensuring compliance can often feel like a daunting task. We’re here to help you turn complex regulations into sensible, proportionate controls.

Our live Client satisfaction rating is currently:

Last Updated:

Urgent Issue?

Why not take a look through our library of carefully created Health & Safety documents and templates to see if we have what you need?

Let's start talking on 0345 226 8393 or complete the form below.

More From EW

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Combating coronavirus | FREE advice and resources for employers

Our Coronavirus Advice Hub is open now. Get instant access to regularly updated guidance, sample policies, template risk assessments and more.
 
Click to explore what’s available.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Hi, how can we help?
Click the button below to chat to an expert.

Is Your Business Based in Scotland?

Go straight to our free sector-specific Risk Assessment Templates for Scottish organisations…
 
Click to explore what’s available.
Error: Embedded data could not be displayed.
Read our Privacy Policy.