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E045:06 7 April 2006
Lift companies fined £400,000
after fatal lift incident
A lift operating company was fined £400,000 at
Southampton Crown Court today, Friday 7 April 2006. The prosecution was brought
by the Health and Safety Executive (HSE) following a breach of the Health
and Safety at Work Act 1974.
Otis Investments (formerly Otis Plc) and Otis Limited (formerly Express Lifts
Company Limited) - sentenced as a single company, Otis - were fined £400,000
following an incident that claimed the lives of two young men.
Michael Dawson, 27 and Daniel Digby, 25, were killed when they fell down
a lift shaft of Shirley Towers, a high-rise block of flats in Southampton.
The incident took place in the early hours of 4 February 2001 when the pair
fell against the lift doors, which swung open in the style of a cat flap
due to inadequate fixings on the lower rail of the opening. Both men plunged
about 30 metres and are believed to have died instantly.
Speaking after the case, Antony Thompson, HM Specialist Inspector of Health
and Safety said:
“The tragic deaths of Daniel Digby and Michael Dawson are a reminder for
all those with responsibility for lifts that they should be properly maintained
so that they are safe and do not put people at risk.
"It is important that maintenance is carried out on a regular and frequent
basis and that lift landing entrances and lift doors are designed and constructed
to withstand the anticipated use.
"The hearing today also highlighted the importance that the maintenance regime
takes particular account of the door retaining system."
Otis Investments and Otis Limited pleaded guilty to a single breach of Section
3(1) of the Health and Safety at Work Act 1974 (HSWA 1974) at an earlier
hearing.
The judge also awarded costs of £145,000 against the defence.
Notes to editors
1 Section 3(1) of HSWA 1974 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.
2 In the Crown Court the maximum penalty for a single offence is an unlimited
fine.
3 The cause of death for Michael Dawson was given as head injuries. The cause
of death for Daniel Digby was given as multiple injuries.
4 Judge John Boggis QC decided that the £400,000 fine can be attributed
as £200,000 to each defendant but for the purposes of sentence and
because the two companies can reasonably be described as one single company.
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