DIY chain prosecuted after girl injured in Oldham store
Oldham Council has successfully prosecuted B&Q Plc for breaching health and safety regulations after a four-year-old girl was injured in one of their stores.
The incident happened in June 2011, when the child was with her parents and younger sister at the DIY chain’s branch on Westhulme Way, Oldham.
As the mother of the child was talking with a B&Q employee, the child pulled over part of a bathroom display – the worktop and wash hand basin – which fell on her.
The child was taken to hospital where she was treated for cuts and bruises and was released.
However, she returned to hospital as she was found to be lethargic and it was noted that her ribs were bruised and her face swollen. She has since made a full recovery.
The Council’s Environmental Health Department launched an investigation and found that the bathroom unit had been installed without using the necessary fixings required to secure the worktop to the base unit.
Despite the company having written policies and procedures in relation to fitting displays, and a system of regular checks to be made by store staff to ensure safety, this defect was never detected.
The case highlighted a failure by B&Q to ensure satisfactory implementation of health and safety policies at a local level because despite a warning memo from Head Office after the accident, environmental health officers visited the premises 11 months later and still found unsecured items of substantial weight. At a local level there was clearly a failure by staff to implement the systems put in place by the company.
On February 19, at Oldham Magistrates Court, B&Q Plc pleaded guilty to contravening the Health and Safety at Work Act 1974, Section 3(1), by not protecting persons not employed by them.
District Judge James Prowse said that although the company obviously took its health and safety responsibilities seriously they had not ensured that management at local level were carrying out the necessary checks after display installation.
He added that although the child’s injuries were not serious the local authority had to be commended for taking this case because there was potential for serious injury.
The company was fined £15,000 with costs of £5,496.45 and a victim surcharge of £15.
Councillor Jean Stretton, Cabinet Member for Neighbourhoods and Devolved Services, said: “It is the duty of businesses to protect the health and safety of all customers who visit their premises.
“If they break the law then Oldham Council will prosecute.”
Author: Jude Gidney - Editor
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