Moore Blatch leads health and safety prosecution

A Southampton law firm has recently been involved in the prosecution of an international waste management company after a worker was killed near Aylesbury in Buckinghamshire when a 1,100-litre recycling bin fell on his head from a refuse lorry.

Moore Blatch, who acted for the Health and Safety Executive, successfully prosecuted Veolia ES (UK) Ltd (formally known as Onyx UK Ltd) after employee David Ives, 56 from High Wycombe, was killed when collecting empty glass bottles outside a pub in Easington, near Aylesbury in May 2004.

The hearing, which took place in Aylesbury Crown Court, found that Veolia had failed to properly maintain the lifting system for bins on the lorry and this led to the recycling bin falling onto Mr Ives' head and killing him.

Leading health and safety expert at the firm, David Thompson, led the prosecution which saw the refuse company fined £130,000 and ordered to pay costs of £220,000, after the jury found the company guilty of breaching sections of the Health and Safety at Work Act 1974.

“This was a tragic incident that could easily have been avoided if equipment has been maintained by the defendants. Employers have a legal obligation to ensure all operating equipment is sufficiently maintained and fit for use by their employees”.