Stephen Uttley was instructed by Stockton-on-Tees Borough Council and advised on the proceedings from the outset. Two offences were proceeded with. The first offence related to failing to discharge a duty contrary to Section 3(1) of The Health and Safety at Work Act 1974. The second offence related to their failure to discharge a duty contrary to Regulation 3 (1) of The Management of Health and Safety at Work Regulations 1999.
The proceedings related to an incident that took place on 7 June 2013 at David Lloyd Leisure, Tees Barrage Way, Stockton-On-Tees site. A member of the club was involved in a personal training session outside with the assistance of a personal trainer who worked for the Company. During the training session, resistance bands with handles were being used attached to a nylon Velcro strap with a metal D ring on.
Whilst pulling on the nylon strap the D ring gave way and flew back at speed. As a result his left eye was damaged to such an extent that he lost sight in it and lost part of his vision in his right eye.
The Company were fined £40,000 for each offence and ordered to pay the Prosecution costs. It was the first Prosecution relating to this type of equipment and attracted local and national media attention.
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