TESCO FINED AFTER EMPLOYEE
SUFFERED CHEMICAL BURNS
C
olchester Borough Council has successfully
prosecuted Tesco Stores Ltd for health and safety
breaches at their Highwoods store, resulting in a fine
and costs totalling more than £125,000.
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On 13 March 2018, Chelmsford Magistrates Court heard
that an employee at the Tesco Extra store in Highwoods
Square had received chemical burns during an incident on
5 May 2016. The employee was using a corrosive cleaning
product to clean an oven when it sprayed back into his face,
causing burns to their left eye and eyelid.
At the time, the employee was not wearing any personal
protective equipment such as goggles or gloves. Due to
medical conditions, the employee also had difficulties
in understanding and following both written and verbal
instructions, which the manager was also aware of.
An accident report was filed after the incident and was
investigated by the Council’s Health and Safety Officer. On
visiting, the Officer found a partially-used container of the
product, which was marked ‘corrosive’. Safety goggles were
available, but were dirty and inadequately stored. Health
and Safety Improvement Notices were served by the Officer
and a prosecution was brought.
Tesco Stores Ltd pleaded guilty to three offences including
failing to ensure the health, safety and welfare of its
employees, an offence under Section 2 of the Health &
Safety at Work Act 1974. The company also pleaded guilty
to failure to comply with Regulations 6 and 7 of the Control
of Substances Hazardous to Health (COSHH) Regulations
2002 and was sentenced to a fine of £116,000, pay costs
of £10,624.20 and victim surcharge, on a 28 day payment
order.
Councillor Tina Bourne, Portfolio Holder for Housing and
Communities, said:
“Whether your business is big or small, if you fail to meet
your duties to protect your employees under health and
safety legislation, you run the risk of ending up in court.
“Our role is to protect everyone at the workplace by
ensuring that regulations are followed and we are now
satisfied that the Tesco Extra store in Highwoods has made
improvements and are no longer using the chemical and
have reviewed their COSHH assessments. I am pleased
that this prosecution was successful and I hope that the
example prevents other incidents from taking place.”
See more at: www.colchester.gov.uk
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