Lifeguard fined after father-of-three drowns
16:13 - 02/11/2009
Lifeguard fined after father-of-three...
A lifeguard has been prosecuted and fined £200 for neglect of duty after a father-of-three drowned in the Walsall swimming pool he was supervising.
On the 27th July 2006, Adrian Miles, 48, got into difficulties while swimming at the University of Wolverhampton pool on the Walsall Campus. Jurors at Wolverhampton Crown Court heard how the lifeguard on duty was distracted from his supervision of the pool for an extended period and was therefore unable to react in time to try to save Mr. Miles.
The Health and Safety Executive (HSE) prosecuted lifeguard Alex Cotterill, 28, from Willenhall in West Midlands and he was found guilty of breaching Section 7 (a) of the Health and Safety at Work etc Act 1974.
Section 7 (a) states that: “It shall be the duty of every employee while at work to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts and omissions at work.” The court was forced to rule that Mr Cotterill had failed in this duty.
Commenting on the incident, HSE Inspector Kanwal Kanda said: "While the lifeguard did not cause Mr. Miles to get into difficulty, his neglect of duty was clearly a major factor in leaving him and potentially others using the pool unnecessarily exposed to risk. Standards are well established through training and they must be applied by lifeguards to ensure swimmers are safe."
Speaking on behalf of First Response, Operation Director Perry Leekes commented: “This incident clearly shows we all have a duty of care, a moments lack of focus can have tragic results, where adequate training helps minimise the risks.”
Health & Safety training can help those understand their duty of care and to others to understand how to adequately fulfil this duty and avoid exposing those in their care to unnecessary risk. First Response Training can provide a variety of Health & Safety training courses, and can tailor training to the needs of the individual employer. In addition, to complement practical courses and perfect for induction or refresher training, First Response now offer up to 40 E-Learning titles. Contact First Response today on freephone 0800 310 2300 or e-mail info@firstresponsetraining.com.
On the 27th July 2006, Adrian Miles, 48, got into difficulties while swimming at the University of Wolverhampton pool on the Walsall Campus. Jurors at Wolverhampton Crown Court heard how the lifeguard on duty was distracted from his supervision of the pool for an extended period and was therefore unable to react in time to try to save Mr. Miles.
The Health and Safety Executive (HSE) prosecuted lifeguard Alex Cotterill, 28, from Willenhall in West Midlands and he was found guilty of breaching Section 7 (a) of the Health and Safety at Work etc Act 1974.
Section 7 (a) states that: “It shall be the duty of every employee while at work to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts and omissions at work.” The court was forced to rule that Mr Cotterill had failed in this duty.
Commenting on the incident, HSE Inspector Kanwal Kanda said: "While the lifeguard did not cause Mr. Miles to get into difficulty, his neglect of duty was clearly a major factor in leaving him and potentially others using the pool unnecessarily exposed to risk. Standards are well established through training and they must be applied by lifeguards to ensure swimmers are safe."
Speaking on behalf of First Response, Operation Director Perry Leekes commented: “This incident clearly shows we all have a duty of care, a moments lack of focus can have tragic results, where adequate training helps minimise the risks.”
Health & Safety training can help those understand their duty of care and to others to understand how to adequately fulfil this duty and avoid exposing those in their care to unnecessary risk. First Response Training can provide a variety of Health & Safety training courses, and can tailor training to the needs of the individual employer. In addition, to complement practical courses and perfect for induction or refresher training, First Response now offer up to 40 E-Learning titles. Contact First Response today on freephone 0800 310 2300 or e-mail info@firstresponsetraining.com.
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