Jersey Unreported Judgments

Inferior Number Sentencing - Health and safety

[2019]JRC077

Royal Court

(Samedi)

3 May 2019

Before     :

A. J. Olsen, Esq., Lieutenant Bailiff, and Jurats Ronge and Hughes

The Attorney General

-v-

Jubilee Scaffolding Company Limited

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charge:

1 count of:

Contravention of Article 21(1)(b) of the Health and Safety at Work (Jersey) Law 1989, as amended (Count 1).

Plea: Guilty. 

Details of Offence:

Jubilee Scaffolding Company Limited ("Jubilee") was first registered in 1985 and had approximately 25 employees at the time of the alleged offending.  The company is considered one of the largest scaffolding contractors in Jersey.

 

Jubilee was sub-contracted to erect scaffolding at a residential property in St Lawrence ("the Property").  On 21^st August, 2018, a director from the contracted company and a site supervisor from Jubilee attended the Property with a view to providing a quotation for the erection of the scaffold.

The erection of the scaffold was completed the next day, including the installation of ladder access to the front of the scaffold structure, where the electrical cable connected to the property from an electrical utility pole in the field opposite the property. 

 

An employee of Jubilee, who was responsible for erecting the scaffold at the front of the property, stated that it was only after installing the ladder access that he noticed that "the cable was centrally above the entrance".  He said he was unable to change the position of the ladder access, and so he "attached a metal part of scaffolding to the side barrier and I hooked the cable on it, so it was not in my way".  He believed that the electrical cable was a telephone cable.

 

The owner of the property asked an employee at the site if the electrical cable was going to be insulated, and he replied that "it was not necessary and not to worry". During the subsequent Health and Safety Inspectorate investigation, all the employees working at the site were asked if they engaged in a conversation about the electrical cable with the owner, which they denied. 

 

On 30^th August, 2018, the site supervisor returned to the property and examined the scaffold and before signing a handover certificate.  He did not notice the cable.

 

On 27^th September, 2018, an employee of the Jersey Electricity Company drove past the Property and noticed the close proximity of the electrical cable to the scaffold structure.  The employee was very concerned when he saw that the electrical cable was attached to a steel clamp, as it was possible that it could have chafed causing damage to the external insulation.  Where work is being carried out within three metres of an electrical cable, the JEC will fit a bright yellow sleeve which provides full insulation protection.  The employee immediately requested insulation for the electrical cable from colleagues at JEC and warned them that it may be 'live'.  The electrical cable was subsequently examined and found to have suffered damage.

 

The Director and a site supervisor of Jubilee were interviewed under caution on 12^th December, 2018.  The site supervisor said he did not notice the electrical cable during the erection of the scaffolding and when he inspected the structure, as he was not "thinking about it".  The Director "absolutely" agreed that a danger was created by the proximity of the scaffold to the electrical cable.

Details of Mitigation:

Infraction admitted, the offending did not arise as a result of cutting corners, the company has begun a number of health and safety initiatives following the breach. 

Previous Convictions:

Jubilee has 11 convictions which are made up of 15 offences.  In 2010 the company was convicted of contravening Article 21(1)(a) Health and Safety at Work (Jersey) Law 1989 in relation to a scaffold pole falling from scaffolding and injuring a member of the public and fined £25,000.

Conclusions:

Count 1:

£40,000 fine

Costs order sought in the sum of £5,000 towards the Prosecution.

Sentence and Observations of Court:

Conclusions granted.

C. M. M. Yates, Esq., Crown Advocate.

The Defendant was represented by its Managing Director, Ms S Waye.

JUDGMENT

THE Lieutenant BAILIFF:

1.        The court has given very careful consideration to everything that has been addressed to us, but we are satisfied that the Crown's conclusions are correct and that the correct level of the fine should be £40,000 with four months within which to pay.  Detailed reasons for our judgment will follow as soon as we can.

2.        I award a contribution towards costs in the sum of £5,000 and there will be four months to pay.

Authorities

AG v Jubilee Scaffolding Company Limited [2010] JRC 206B. 

AG v Petroleum Distribution (Jersey) Limited [2018] JRC190. 

R-v-F Howe and Son (Engineers) Limited [1999] 2 CR App R (S) 37.