An incident in which a loose car park barrier swung and hit an employee sitting in his car has cost supermarket giant Morrisons £183,282.00.
Stock replenisher Kevin Brookshaw, who worked at the Crewe store, was on his way to start his night shift in December 2006. As he approached the barrier, it swung across and smashed through the passenger side of his car windscreen striking him in the face, causing serious injuries.
Environmental Health Officers from Chester East Council found that Morrisons had left the barrier arm unsecured for two months.
Prosecuting for the council, Simon Parrington of Hill Dickinson LLP told Chester Crown Court that aggravating features of the case were the permanently disabling injuries to Brookshaw, Morrison’s failure to follow its own procedures, and the length of time the failings had lasted.
The company admitted breaching Sections 2(1) and 3(1) of the Health and Safety at Work Act by failing to protect employees and the public. At Chester Crown Court on 16 October, Judge Roger Dutton called the incident "terribly serious" and said the barrier had "skewered" Brookshaw’s car. He fined the firm £83,300 for each charge, plus £16,682 costs. Brookshaw plans to bring a civil claim against the chain.
Mark Turner QC for the Defence said Morrisons had recognised the risks posed by barriers and had produced a procedure to manage them in 2002. However, the firm had not supervised or trained staff to ensure this was implemented. He said Morrisons had cooperated with the EHO’s investigation and had redesigned the barrier to prevent further incidents.
This case illustrates perfectly the need for employers to have safety procedures in place and also to ensure that those procedures are being adhered to. This means regular checks and a clear system for reporting faults or failures in the system.
In 2006, Asda was fined £225,000 for a similar incident in which an unsecured entry barrier at its Cardiff Bay store swung open in high winds, killing a customer in his car.