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Essex car wash company convicted

An Essex car wash company has been convicted in its absence for failing to purchase compulsory insurance to protect its employees.

On 18 November 2009, a HSE health and safety awareness officer made a surprise visit to Prowash Systems Ltd, which operates a car wash in Eastwood Road, Rayleigh, Essex. The visit was part of a joint campaign between the HSE and local authorities to check that businesses had purchased Employers’ Liability Compulsory Insurance (ELCI).

Prowash Systems was unable to present an ELCI certificate and was given until 17 December 2009 to show it to the HSE. The company failed to meet this deadline and was issued with an ELCI “notice to produce”, with which it failed to comply. When representatives from the company were then called to an interview with HSE inspectors, they declined to attend.

The non-cooperative approach taken by the firm continued, with its failure to attend a prosecution hearing at Southend Magistrates’ Court on 14 July. The court, which heard the case in the company’s absence, found the company guilty of five breaches of s1(1) of the Employers’ Liability (Compulsory Insurance) Act 1969, for failing to hold ELCI, and s4(2)(b) of the same Act, for failing to produce a valid ELCI certificate upon request. It was fined £6750 and ordered to pay £1000 towards costs.

HSE inspector Peter Hook told SHP that, as a result of the firm’s failure to appear in court, the HSE will be required to take further action to prove that it now has a ELCI certificate. He said: “Injuries can stop employees from working for a significant period of time – or even for life, and workers must be protected with compulsory insurance.

“ELCI means those employees will not be left to fend for themselves and their families. It is designed to protect employees and ensure they are covered if they are injured or made ill by their work.

“Failing to have this insurance potentially leaves members of staff doubly vulnerable in the event of an accident or ill health. This case is a warning to all employers about how seriously HSE takes this issue.”

The firm had no previous safety-related convictions.

This press release/article submitted to Safety43 by SHP magazine http://www.shponline.co.uk
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