Notice of Contravention issued against Amey and Acorn Environmental

The request was successful.

Dear Health and Safety Executive

I understand from a HMI that a Notice of Contravention has been issued against Amey (either in the name of Amey LG or Amey Hallam Highways), and Acorn Environmental. This followed an incident on the 11th of August 2017 when a tree was felled on Myrtle Road in Sheffield, which landed partly on a public highway and partly in the garden of a member of the public. The HMI concerned advised me to submit a FOI request if I required any further details.

As such, it is kindly requested if you would advise of the following:

1) Was the same NoC issued against Amey and Acorn Environmental, or were two different ones issued?
2) Which sections of the H&S at Work Act and/or Regulations were they both in breach of?
3) Have any improvement and/or prohibition notices been issued, and what are the actual improvements and/or prohibitions?
4) How much was the Fee For Intervention (FFI)?
5) What course of action will the HSE take if Amey and/or Acorn are found to be in breach again?

Yours faithfully,
Richard Davis

Health and Safety Executive

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Health and Safety Executive

3 Attachments

Dear Mr Davis,

 

Freedom of Information Request Reference No: 201710014

 

Thank you for your request for information about:

 

Amey LG Ltd and Acorn Environmental Management Group Ltd

 

Your request was received on 27/09/17 and I am dealing with it under the
terms of the Freedom of Information Act 2000 (the Act).

 

You asked the following questions. The answers are below.

 

 1. Was the same NoC issued against Amey and Acorn Environmental, or were
two different ones issued?

Separate Notifications of Contravention (NoCs) were issued to each
company. However, the bulk of the information in the NoCs is the same.
There are some small differences to reflect the contractor/sub-contractor
relationship between Amey LG and Acorn Environmental. The NoCs are
attached so you can see the text and the differences for yourself.

 

 2. Which sections of the H&S at Work Act and/or Regulations were they
both in breach of?

The breaches are detailed in the NoCs. They are as follows:

 a. Health & Safety at Work etc. Act 1974, Sections 2(1) and 3(1)
 b. Management of Health & Safety at Work Regulation 3(1)
 c. Control of Substances Hazardous to Health 2002 Regulation 6

 

 3. Have any improvement and/or prohibition notices been issued, and what
are the actual improvements and/or prohibitions?

No Improvement or Prohibition Notices have been issued. The requested
improvements to resolve the breaches are detailed in the NoCs

 

 4. How much was the Fee For Intervention (FFI)?

HSE has taken the decision to withhold FFI information relating to
dutyholders that have not been subject to any enforcement action by HSE as
is the case here. As this information includes invoices which may be
subject to appeal, after careful consideration, we believe that the public
interest in not disclosing this information outweighs the public interest
in disclosing it. We believe that disclosure would have an adverse impact
on the ability of HSE to conduct investigations generally and the work
under this request in particular. Therefore, the FFI information is
withheld under Section 30(1)(b) of the Freedom of Information Act 2000.

 

 5. What course of action will the HSE take if Amey and/or Acorn are found
to be in breach again?

The course of action would be dependent on the breach. We treat each case
individually.

 

I can confirm that the Health and Safety Executive holds the following
information:

 

1.                  Amey LG Ltd Notification of Contravention

2.                  Acorn Environmental Management Group Ltd Notification
of Contravention

 

This information can be disclosed and copies are enclosed.

 

Certain personal data relating to third parties has been redacted (edited
out) as it is exempt from disclosure under section 40(2) (personal
information) of the FOI Act.

 

The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You may re-use this information
(not including logos) free of charge in any format or medium, under the
terms of the Open Government Licence. To view this licence, visit
http://www.nationalarchives.gov.uk/doc/o... or write
to the Information Policy Team, The National Archives, Kew, London TW9
4DU, or e-mail: [email address].

 

Information you receive which is not subject to Crown Copyright continues
to be protected by the copyright of the person, or organisation, from
which the information originated. You must ensure that you gain their
permission before reproducing any third party (non-Crown Copyright)
information.

 

Public Interest Test

 

The exemption relied on is a qualified exemption that is subject to the
public interest test. This means HSE has to balance the public interest
factors favouring disclosure against those favouring non-disclosure. In
this case I have considered the following factors in favour of disclosure:

 

•               Promote transparency and build public confidence in HSE’s
investigative process;

•               Secure the health and safety of employees and others;  

 

And the following factors in favour of non-disclosure:

 

•          Impede an ongoing investigation by hampering the gathering of
information and evidence;

•          Inhibit HSE’s ability to conduct further investigations
effectively because, for example, third parties may be less willing to
volunteer information to HSE if information is disclosed inappropriately;

•          Reduce the chances of a successful prosecution should the
investigation conclude that this course of action is appropriate;

•          Unfair in cases where a decision is taken not to proceed to
prosecution.

 

After careful consideration, we believe that the public interest in not
disclosing the information outweighs the public interest in disclosing it,
because of the adverse impact it would have on the ability of HSE to
conduct investigations generally and the work under this request in
particular.

 

For your information, the Information Commissioner has considered, and
supported, a previous refusal by HSE to disclose information in the course
of an ongoing investigation in a Decision Notice dated 4 February 2010
(ICO reference FS50223414). Although necessarily based on the facts of the
case in question and considered under the Environmental Information
Regulations 2004 rather than the Act, the Decision acknowledged the
prejudice that disclosure of information could cause to HSE’s functions
and recognised that very considerable weight should be given to the public
interest in maintaining the exemption in such circumstances. Decision
Notices are available on the website of the Information Commissioner’s
Office (see below).

 

If you have any queries about this letter, please contact me. Please
remember to quote the reference number above in any future communications.

 

If you are unhappy with the decisions made by HSE you may ask for an
internal review within two calendar months of the date of this letter by
writing to me.

 

If you are not content with the outcome of the internal review you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 01625 545700

Fax: 01625 524510

Email: [email address]

Website: [1]http://www.informationcommissioner.gov.uk

 

Yours faithfully,

 

Chloe Gibbard

 

[2]cid:image003.jpg@01D16D55.2740A210

Chloe Gibbard

Freedom Of Information Officer

 Health & Safety Executive, Foundry House, Riverside Exchange, 3
Millsands, Sheffield, S3 8NH

(: +44   0203 028 5001 | *: [3][email address]

 

 

 

References

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1. http://www.informationcommissioner.gov.uk/
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