When the absence of simple control measures and poor staff management led to a nasty accident
What happened?
A waitress was working at a hotel, which was hosting a wedding. She was asked by a hotel manager to find a roll of mop-up tissue.
The tissue was where chemicals were stored, and she looked inside the until cupboard. A bottle of oven cleaner was on a shelf three foot above the ground, it did not have a lid and the labelling faced away from the waitress. She moved the bottle, the liquid splashed out on to her face and she suffered corneal abrasion on her eyes, and burns to her face and chest. She was unable to return to work for two weeks and has subsequently made a full recovery
A waitress at a hotel suffered burns to her eyes, face, and chest when an open bottle of oven cleaner splashed on her.
Legal Outcome
The owners of the hotel pleaded guilty to breaching s2(1) of the HSWA 1974 and reg.8 of the Workplace (Health, Safety and Welfare) Regulations 1992, for failing to adequately light the cupboard. It was fined a total of £8700 and £3229 in costs.
What can we learn from what happened?
The hotel stated in mitigation that it had adequate procedures in place and its staff should have followed them. The prosecuting council found that although the hotel had suitable systems in place for storing chemicals, they had not been properly monitored, or managed. The EHO said that ‘it is not enough for employers to simply have risk assessments and procedures written down – they must also make sure their staff are aware of them and follow them properly.’
It is a common defence from organisations that systems were in place, but the staff didn’t follow them, but it is for the organisations to ensure that that the staff do follow them – that they are informed, trained, instructed and supervised.
The oven cleaner is now kept at the bottom of the cupboard and the company monitors who has access to the storage area. A light in the cupboard has been installed and there are signs to warn that dangerous chemicals are stored inside. All simple control measures that should really have been in place before the accident.
It is also worth noting that the Workplace Regulations were used in this case – a reminder that specific safety mistakes, in this case an absence of adequate lighting, can be used to supplement the more general duties under the Act.
Source of Information
SHP In-Court