The new sentencing guidelines that have seen an increase in fines and possibility of prison sentencing is already having an impact with a number of individuals being prosecuted for breaching health and safety legislation. In one of the latest cases a manager of an access plant hire firm has been sentenced to a maximum penalty of two years’ imprisonment for his neglect of health and safety obligations that led to the death of one man and caused serious injury to another.

A court heard how on 20 June 2012, Gary Currie, a safety net rigger, and Alexander Nisbet, a self-employed operator contracted by Craig Services, were in the basket of a platform removing netting from the facade of an office block in Glasgow city centre when the third main boom section buckled causing the platform’s basket to fall 28 metres, with the result that Alexander Nisbet was seriously injured and Gary Currie suffered fatal injuries.

In May 2011 Craig Services & Access Limited had instructed a repair to the damaged section of the main boom of the platform used in the fatal incident. The repair had been incorrectly carried out and J M Access Solutions Ltd subsequently failed in their duty to carry out an adequate thorough examination of the platform.

The Plant Manager was convicted of health and safety breaches. and was jailed for two years – the maximum penalty possible.

Hamilton based Craig Services and Access Limited was fined after being found guilty of three charges relating to the collapse, including failures in relation to its maintenance and was fined a total of £61,000.

Another company, J M Access Solutions Ltd, was fined £30,000 for its failure to carry out a systematic and detailed thorough examination of the platform and its safety-critical parts.

The incident shows the importance of ensuring proper examination and testing of all such plant and the need for all owners of MEWPS to maintain them to ensure they are safe for operation.