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Updated Apr 11, 2022

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HSE issues MOD with Crown Censure after employees severe injuries

The Ministry of Defence (MOD) has been issued with a Crown Censure by the Health and Safety Executive (HSE) after an employee was shot during a training exercise.

In January 2019 an employee of the MOD suffered severe injuries as a result of being shot with live ammunition during a training exercise where blank ammunition should have been used. This put both employees and those not employed by the MOD at risk.

The incident had severe life changing consequences for the injured employee. Following their medical discharge, they suffered from PTSD and had difficulty performing routine tasks such as getting dressed, cooking, cleaning and driving.

A Crown Censure is the way in which HSE formally records the decision that, but for Crown immunity, the evidence of a Crown body's failure to comply with health and safety law would have been sufficient to provide a realistic prospect of securing a conviction.

By accepting the Crown Censure, the MOD admitted breaching its duty under the Health and Safety at Work etc. Act 1974, in that they failed to ensure the health, safety and welfare at work of its employees, and those not employed by the MOD, particularly in relation to the risks associated with training exercises.

HSE inspector Stacy Gamwell said: "This was a very serious incident which could have easily resulted in death. Just like any other employer, the MOD has a responsibility to reduce risk to its employees and others who may be affected by its work".

"An employer must take all reasonably practicable steps to control the risk to the safety of employees whilst they are at work and others who may be affected by that work. They can do this through suitable and sufficient risk assessment and safe systems of work".


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