Unsecured swing barrier causes severe injuries and leads to fine and costs

A West Yorkshire sports club has been fined after a postal worker sustained severe injuries when a swing barrier shattered the windscreen of his van and struck him in the face.

According to information entered in the court hearing, on the morning of the incident a member of the club had not secured the barrier to its latch after opening it and that the failure had been an isolated occurrence. It was told this was an unusual case involving a “one-off individual failure” .

The court also heard that since the incident a notice about locking the barrier in position had been put on the gate and a metal column had been welded to the barrier to stop it penetrating the windscreen of any other vehicle.

The club admitted breaching the Health and Safety at Work Act etc 1974 and after considering the legal submissions and sentencing guidelines Judge Burn fined the club £140 for the offence.
The Judge commented that it was clear that on all other occasions the barrier had been secured and it was not a case involving an unsafe system.

“It seems to me that a fine in those circumstances is unavoidable as a disposal in this case,” he concluded.

The judge had been asked to order investigation and legal costs totalling about £4,000, but after hearing about the club’s financial position he decided to make them pay just £146 with a victim surcharge of £14.

“This a not for profit club which is an essential part of the fabric of the community in which it operates, run by volunteers for people of all ages,” he pointed out.

A Bradford Council spokesperson said: “This was a very unfortunate incident that caused serious injury and could have had potentially fatal consequences. We would urge any business that has a similar swing gate on their premises to check and ensure it is being operated safely.”

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