£10,000 health and safety fine

£10,000 health and safety fine

John Paul Horgan was ordered to pay the fine, as well £2,500 in compensation, after an 18-year-old apprentice in his company, Unit 6 Joinery, suffered several fractures to his arm while working in an outbuilding at the defendant’s home in St Peter.

The accident happened at around 7.15 am on 5 April 2016, when the victim, who had just returned to work after suffering a minor injury to his hand, and another worker went to install insulation.

The exact circumstances surrounding the fall are unknown, the Royal Court heard. Horgan admitted he had breached health and safety regulations.

Outlining his case, Crown Advocate Richard Pedley, prosecuting, said that Unit 6, which specialised in workshop joinery and has since ceased trading, had not trained its employees sufficiently for site work, which only accounts for around ten per cent of their business.

He added that the victim was ‘relatively immature and lacked work experience generally’ and that this had also not been taken into account by Horgan.

The Crown called for the defendant to be fined £15,000 and to contribute £2,500 towards costs for the victim.

Advocate Adam Harrison, defending, said that he felt that this was too severe a punishment.

‘It is accepted that insufficient consideration was given to the question of what steps could be taken to lessen or mitigate the risks,’ he said.

‘However, it is my submission that it was not as serious as the Crown suggests.’

The Deputy Bailiff, Tim Le Cocq, told Horgan that it was the court’s view that he had not taken appropriate safety measures, which might have included installing a tower scaffold or a protective barrier in the stairwell.

He added that the company had failed to provide adequate training and to take into account the apprentice’s lack of experience.

Jurats Jerry Ramsden and Paul Nicolle were sitting.

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