SCOTTISH AMBULANCE SERVICE BOARD FINED AFTER DEATH OF MAY JEAN MORRIS
At Paisley Sheriff Court (27th June), the Scottish Ambulance Service Board (SASB) was fined £55,000 (reduced from £80,000 on account of the plea) after pleading guilty to a breach of Sections 3(1) and 33(1)(a) of the Health and Safety at Work etc Act 1974, which led to the death of Mrs May Jean Morris, 78.
The SASB pleaded guilty to failing to make a suitable and sufficient assessment for the period between June 2007 and December 2008 of the risk to the health and safety of members of the public who were in wheelchairs while being transported in their vehicles.
By failing to provide a wheelchair tie-down and occupant restraint system, they also failed to ensure that Mrs Morris was adequately secured in the Passenger Transport Vehicle. Further, they failed to provide such information, instruction and supervision as was necessary to ensure that the vehicle was only deployed for transportation of wheelchair users for which the necessary wheelchair tie-down and occupant restraint systems (WTORs) equipment for their safety was provided.
On 10 December 2008, Mrs. Morris was travelling as a passenger within the Passenger Transport Vehicle. Although her wheelchair was secured by webbing straps to the floor of the vehicle, Mrs Morris was only secured by means of a nylon lap belt which was part of her wheelchair. This was contrary to SASB protocol for the transport of a person while in his or her own wheelchair.
The vehicle was involved in a low speed collision while waiting in a line of traffic in Renfrew Road, Paisley. As a result of being inadequately secured, Mrs Morris was thrown from her wheelchair and sustained injuries from which she died 3 days later.
The investigation established that SAS managers knew of the failure to provide and deploy WTORS. The specification of equipment on the vehicle was below what was required to safely complete the scheduled days work.
Following the case, Elaine Taylor, Head of the COPFS Health and Safety Division, said:
“The Scottish Ambulance Service Board has today pleaded guilty to a significant breach of their duty not to expose to risk to their health and safety patients in wheelchairs requiring transport for medical care and hospital appointments in their vehicles.
“Those in wheelchairs were vulnerable persons who relied on the Scottish Ambulance Service Board to transport them safely, and yet for almost 18 months there was no safe system to ensure that they were adequately secured in those wheelchairs while in the vehicles.
“A suitable and sufficient risk assessment should have identified this issue and enabled the SASB to take steps to put such a system in place. There were also deficiencies in the provision of information and instruction to staff, and a lack of supervision in relation to inspection and equipment issues.
“The death of Mrs Morris was entirely avoidable and our thoughts today are with her family.”
HSE Inspector Graeme Waller said:
"Mrs May Jean Morris died unnecessarily as a result of the Scottish Ambulance Service failing to assess the risks associated with the transport of patients in wheelchairs.
"This prosecution will draw attention to the importance of assessing and ensuring the health and safety of vulnerable people during transit as well as ensuring that vehicles used for patient transport are properly equipped and staff trained in the use of this equipment."
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