The prosecution arose following a fatal incident in September 2007 when a member of the public, Dennis Krauesslar, was struck by the bucket of a loading shovel when he was in a covered pit where the public disposed of their garden waste. Biffa Waste Services Limited admitted an offence under section 3(1) HSWA 1974 for failing carry out a suitable and suffi cient risk assessment to ensure that the garden waste tipping area was safe for members of the public to use. Biffa was fi ned £280k and ordered to pay costs of £54,906.57.