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Thu, 03 Mar 2022
Douglas-based company Elder Healthcare (IOM) Limited has today been fined £46,000 after pleading guilty to a charge under the Health and Safety at Work Act 1974 [an Act of the UK Parliament] as applied in the Isle of Man by an Act of Tynwald.
The charge arose following an investigation into a fire at a property in Fuschia Lane in Douglas in late 2019.
A 96-year-old resident, Olive Muriel Renecle, tragically died in the fire in the flat she privately rented.
There is no connection between the death and the charge of failing to fulfil its health and safety duties.
Deemster Cook began his sentencing by confirming there was no medical evidence to suggest the actions of the defendant caused the death of Mrs Renecle. The court also heard fire doors in the flat were pinned back, plug sockets overloaded and that the most likely cause of the fire was an electric heater which had been left on – none of which could be attributed to Elder Healthcare.
It was also acknowledged the defendant had carried out fire risk assessments and fire training in general but that there was a shortcoming in the assessment of potential risk in the “emergency services” provided to owners/occupants of adjacent sheltered accommodation.
The court was told the company had passed all inspections and assessments of risk processes by third parties over many years and had relied upon such.
In a statement, David Killip, Chief Executive of Elder Healthcare (IoM) Limited, said: ‘The directors and staff of Elder Healthcare would again wish to express their deepest condolences to the family and friends of the deceased.
‘Elder HealthCare has been in operation for approaching 30 years and, during that time, the safety of people living, visiting and working in all our premises have been of paramount importance.
‘We take our fire safety obligations very seriously and acknowledge it did not form part of the prosecution case that Mrs Renecle’s death was a consequence of the offence with which we were charged.’
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