Ashraf Khan prosecutes complex Health & Safety case resulting in substantial penalty for Isle of Wight manufacturer

Ashraf Khan was instructed by Matthew Reynolds of the Health and Safety Executive in the prosecution of A J Wells & Sons Ltd, a multi-million-turnover manufacturer based on the Isle of Wight, following a serious workplace accident in August 2023 in which an employee sustained life-changing injuries, including the traumatic amputation of his left foot, while manoeuvring a heavily loaded trolley in the laser-cutting department.

The prosecution was brought under section 2(1) of the Health and Safety at Work etc. Act 1974, contrary to section 33(1)(a), arising from failures in the company’s arrangements for manual handling, work equipment and risk assessment. The case required detailed consideration of duties under the Manual Handling Operations Regulations 1992, the Provision and Use of Work Equipment Regulations 1998 (PUWER), and the Management of Health and Safety at Work Regulations 1999.

The investigation examined the suitability of the in-house fabricated trolleys, whether the company had taken reasonably practicable steps to avoid or reduce manual-handling risks, the adequacy of the written risk assessments, and the extent to which employees had received task-specific training and supervision. Evidence also addressed previous incidents and near-misses involving the same work activity, the foreseeability of the risk, and the post-incident measures introduced by the company, including revised equipment and updated procedures.

Following detailed sentencing submissions, the Court imposed a substantial fine together with prosecution costs.

https://www.countypress.co.uk/news/25650428.isle-wight-firm-j-wells-fined-200k-worker-loses-foot