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Case histories
Page 39
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Two cases involving members of shopworkers union USDAW illustrate what is at stake. In 1998, Michael Merchant was injured unloading a van and was found to be unfit to carry on working. He was awarded £20,000 in compensation. In the same year, Mick McConnell was awarded £50,000 after sustaining a serious back injury in a loading bay accident.
HSE HIT RATE
The HSE's Offences and Penalties Reportmakes sobering reading. The latest figures available (for 2001/ 02)showlhat il brought 900 successful prosecutions lor offences that year. Of 1,064 cases prosecuted, 84% resulted in a successful prosecution with the average fine increasing by 39% from £8,790 in 2000/01 to £12,194 in 2001/02.
There has been an increase in penalties handed down by higher courts where tines are unlimited. Lower court limits are unchanged. Industries with links to haulage showed substantial rises in average fines, with construction up 62%, manufacturing up 47% and mining/quarrying up 20%. The highest fine. £750,000, was levied on BP for a tire at a refinery.