A CLACKMANNANSHIRE charity will wind-up this week after being fined for a breach of health and safety requirements this week.

The Ochil Leisure Enterprise (OLE) admitted to an offence under the Health and Safety at Work Act 1974 at Alloa Sheriff Court on Monday (31 August).

The charity was established after the Alva Swimming Pool was sold off by Clackmannanshire Council for £1 in 2011.

Shortly afterwards, the OLE took on the role of managing the facility, but failed to comply with health and safety measures regarding the “deployment and removal” of a large inflatable in the pool.

As a result, one member of staff was seriously injured on 23 March 2014.

The centre later closed after an electrical fire caused significant damage to systems throughout the building.

Having been funded by “grants and subsidies” from the local area, the charity now say they will divert any leftover resources back into other community ventures.

The OLE was prosecuted for failing to undertake a sufficient risk assessment; failing to take appropriate steps to reduce any risk to employees; and failing to provide instruction and training to ensure health and safety of employees.

However, during Monday’s hearing, the court heard that the accident could have been avoided had senior management paid attention to issues raised by the complainer.

Depute fiscal Alasdair Macleod said: “[She] had previously raised concerns about the inflatable and the staff’s ability to move it.

“She had described it as ‘very heavy and slippery’ and difficult to move.

“On the day in question, she was on duty with two other lifeguards, both aged 17. As they were moving the inflatable; she slipped and fell to the poolside, with her hands taking most of the force.

“She sustained a fractured right wrist and sprained left wrist.” Speaking on behalf of OLE, solicitor David Cairns said the charity’s board had “wished to convey regret for the injury sustained” and said a number of steps had been taken to avoid any repeat incidents.

He also said the charity placed a great deal of faith in a general manager who did not act on health and safety concerns raised by the complainer.

Mr Cairns said: “This is not a case where the charity had absolutely no regard for its health and safety obligations. It is that the actions that were taken simply did not go far enough.

“The risk assessment was not detailed enough and there were gaps in the training.

“It also appears that the concerns raised by the complainer to the general manager were not subsequently conveyed to the board.” Mr Cairns also added that a personal injury claim was settled “some months ago” and that all remaining funds currently held by the charity are to be put back into the community after its dissolution.

Sheriff Gillian Wade accepted the board were not made aware of the concerns the complainer had expressed to the general manager but said the charity’s board had to take its share of the blame.

She said: “I take into account that fact that it was a failure to carry out a risk assessment but that it was not detailed enough.

“The charity’s board were not aware of the concerns raised to the general manger – whose conduct was not of the highest and which may have led to this accident taking place.

“There is no ongoing risk,” she added. “The charity took steps to rectify matters to ensure ... no accident would take place again.

“However, it is not appropriate to simply admonish, this was still a breach of health and safety which requires to be marked.” Sheriff Wade then fined the charity a total of £2,000, reduced from £3,000 to take account of the guilty plea being tendered at the earliest opportunity.

As the charity is a community-funded venture, with leftover money earmarked for further local causes, she added that imposing a steeper penalty was “not in the public interest”.

It is thought that OLE will now begin looking at particular projects in the area which would benefit from additional support.