Tesco Stores Ltd safety prosecution

TESCO Stores Ltd has been fined following a dangerous incident involving the collapse of a scissor lift in use at its store in Ystrad Mynach on March 17, 2008.

The prosecution was brought by an Environmental Health Officer and Senior Commercial Safety Officer from Caerphilly County Borough Council (CCBC) following an investigation.

At Abertillery Magistrates Court on August 6, 2009, the company pleaded guilty to the following three offences:

• Regulation 5(1) of the Management of Health and Safety at Work Regulations 1999 in that the company failed to monitor the preventative and protective measures detailed in their risk assessment relating to the operation of a scissor lift to ensure existing controls were in place at a local level and adequately controlling the risks associated with its use.
• Regulation 9(3)(a)(i) of the Lifting Operations and Lifting Equipment Regulations 1998 in that the company failed to ensure six monthly thorough examination of the reverse scissor lift between the February 24, 2003 and October 15, 2007.
• Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998, in that the company failed to maintain the reverse scissor lift in efficient working order and good repair between July 11, 2007 and March 17, 2008.

Magistrates imposed a fine totalling £9,600, with costs of £3,000 with a £15 victim surcharge.

CCBC Cabinet member for the Environment, Councillor Lyn Ackerman said, "We take all dangerous occurrence incidents very seriously and investigate them thoroughly. I am pleased that the Court has reflected this in the fine imposed."