Police Department Prosecuted Following Accident, Employee Receives Compensation


Following a tragic accident that took place during a safety demonstration in May 2007, Thames Valley Police and one of its officers have been prosecuted and ordered to pay fines and costs. The victim of the accident received ample compensation from the Thames Valley Police after he suffered a bullet wound that could have cost him his life.

The victim of the accident, Keith Tilbury, is a police civilian employee and a control room operator. During the ill-fated day, Tilbury was participating in a training session in which firearms training officer, PC David Micklethwaite, was giving a lecture on firearms that officers might have to handle and use frequently. During his lecture, Micklethwaite planned to give a live demo on the use of a Dan Wesson .44 Magnum revolver.

In order to give the demonstration, Micklethwaite had loaded the revolver with bullets taken out from a sweet tin box. He believed that the ammunition was not live. But, the bullet was, in fact, a live one, and when Micklethwaite fired a shot by pointing the revolver at Tilbury, the live bullet hit Tilbury and injured him severely. Tilbury was hospitalized immediately, but is yet to resume his duties.

The mistake was tantamount to a breach of Section 3(1) of the Health and Safety at Work etc. Act 1974 by the employer, namely, the Thames Valley Police. It was fined £40,000 and asked to pay an additional amount of £25,000 towards costs. David Micklethwaite was also not spared, as his conduct was tantamount to violation of Section 7 of the Health and Safety at Work etc. Act 1974. Micklethwaite was ordered to pay costs of £5,000 and a fine of £8,000.

Though risk assessment was done by Thames Valley Police before the accident took place, the employer did not give due attention to safety measures, and this caused the accident.

Protecting the health and safety of employees or members of the public who may be affected by your activities is an essential part of risk management. The NEBOSH National General Certificate in Occupational Safety and Health can be of benefit to organisations in providing the knowledge to manage safely and effectively in compliance with both legislative requirements and best practice.

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