Article from SHP Magazine September 2005
National Retailer Poundland has been fined a total of £13,000 with £900 full costs after pleading guilty to two breaches of health and safety legislation.
The Company was fined £10,000 for a breach of s2(1) of HSWA 1974 in failing to ensure the safety of its employees by not maintaining racking equipment in a safe condition. A further £3000 for failing to comply with reg.12 of the Workplace (Health, Safety and Welfare) Regulations 1992 in not keeping floors and traffic routes clear of obstructions and articles that could cause slips, trips or falls.
On August 9th 2004 the court was told that a Walsall Council health and safety inspector discovered extremely serious damage to storage high-level racking during an inspection of the company's major distribution depot in Willenhall, Walsall
Damage was notified on over 30 sections of racking, which indicated prolonged abuse by careless driving of fork-lift trucks in the warehouse. It was also found that fire exits were blocked by disorganised stock, and aisles and walkways were obstructed.
A prohibition notice was served on the blocking of fire exits and West Midlands Fire Service informed. Despite this, the Fire Service Safety Unit found on a subsequent visit that fire exits were still blocked, and a formal caution was issued to Poundland.
The magistrates said they were appalled at the conditions found and that although the racking did not collapse, the risk to employees was considerable.
The company said in mitigation that procedures are now in place to prevent recurrence of racking not being repaired, including racking inspection, refresher training, and closed-circuit television to identify those who cause damage to racking, or who block fire exits or traffic routes.
Walsall Council environmental health manager, Ken Rhodes commented on the prosecution by saying: "This case highlights the need for companies to make health and safety a priority, especially in high-risk areas such as warehouses carrying high volumes of stock using potentially dangerous work equipment like fork-lift trucks. The consequences of a racking collapse could be fatal."
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