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Management

Firms fined after girl drowns

Friday, 14 September 2007

Businesses were warned by the Health and Safety Executive (HSE) that they have a duty to ensure the safety of the public from open water on their premises. The warning comes after two companies were fined following the drowning of a nine-year-old girl.

Lisa Regan died in a reservoir at Briarfield Mill in Briarfield where she was playing with three other children. The children were playing in the car park of BSN Medical Ltd, a textile dyeing and finishing factory, when they strayed onto nearby reservoirs on Saturday 8 May 2004.

The alarm was raised by the other children when Lisa was found floating face down in the water which was four feet six inches deep. She was rescued unconscious, but died overnight in hospital.

At the time of the accident the main gates to the factory were off their hinges because work was being carried out on the site and a second gate, which led to the reservoir, was only secured with a nylon rope.

BSN Medical Ltd of Briarfield Mills, Briarfield, Nelson and Empress Mills (1927) Ltd of Glen Mill, North Valley Road, Colne, both pleaded guilty to / were found guilty of a charge of breaching Section 3 (1) of the Health and Safety at Work etc. Act 1974 (HSW Act) by failing to conduct their business in such a way as to protect the safety of someone not in their employment.

Section 3 (1) of the HSW Act states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."

At Preston Crown Court, BSN Medical Ltd, who were responsible for the reservoir, were fined £175,000 and ordered to pay £36,228.70 costs. Empress Mills (1927) Ltd, who owned the site, were fined £25,000 and ordered to pay £10,000 costs.

HSE Inspector Anthony Polec said: "This was a tragic accident that could have been avoided if the simple and obvious precaution of closing and locking the gates had been taken. These young children had easy access to the reservoirs and the water, which led to the tragedy."

"The company had a duty to ensure that the site was secure and there was no access to the reservoirs. This case should serve as a warning to companies to make sure that their premises are safe and secure and do not put the public, including children, at risk."

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