Company fined after
man crushed to death in bowling alley
A huge retail company has been
fined tens of thousands of pounds after pleading guilty to a health
and safety breach in a prosecution brought by Newham
Council.
East Ham resident Ferdinand de la Cruz was crushed to
death by a ten-pin bowling machine he was cleaning in a tragic
accident almost four years ago in Beckton, Inner London Crown Court
heard.
Mitchells and Butler Retail Ltd, which ran the former Hollywood
Bowl site, has to pay a £40,000 fine for not providing the
34-year-old father of one with adequate protection - namely a guard
that would have prevented the awful accident.
Acting operations director, Gary Crawford, pleaded guilty on the
company's behalf at a hearing last Thursday (4/2/10).
Judge Robert Fraser, presiding, said: "This is a particularly sad
case given the death of Mr de la Cruz.
"You accept that the company is at fault over the death and have
made changes to the guarding of the machinery."
The company was also ordered to pay costs of £14,838.37.
Charles Gibson QC, defending, said since the accident the company
has led the way in researching and developing a new ten-pin bowling
machine with guarding in place.
He added that the company had spent more than £2million on trials
and implementation of its new guarding system, which is now in
place across all but two of its 22 outlets countrywide.
Speaking outside the court, the council's executive member for
public protection, Councillor Andrew Baikie, said: "The council
welcomes Judge Fraser's decision to impose a fine on the company
for its failure to protect a father who was killed doing his job so
he could provide for his family, and our thoughts our with them at
this time.
"Our study discovered that machinery used nationally in bowling
alleys did not have adequate safety features and therefore posed a
risk to centre staff when carrying out repairs and
maintenance.
"The study also revealed that the machinery did not comply with GB
or European safety standards.
"The Health and Safety Executive has since the accident issued new
guidance to all Local Authority Health and Safety Enforcement teams
and regulators as a result.
"We hope the outcome of this case that will ensure the future
safety of all bowling alley technicians.
"Newham Council will never shy away from dealing robustly with
employers, large or small, where evidence exists that they flout
the law at the expense of people's safety."