Wales | Defence company fined £800,000 after man shot on MoD range

HSE | A defence technology company has been fined £800,000 after an employee was shot during testing of ammunition at a Ministry of Defence (MoD) range in South Wales.

 

The father-of-two was left paralysed below the shoulders after being shot by a 5.56mm bullet fired from a gun, 570 metres away. The incident happened on 25 March 2021 during a NATO ammunition quality assurance trial at the MoD Ranges in Pendine.

The now 42-year-old’s role had been to check the impact of bullets on a metal target and was in front of the target when the bullet was fired.

An investigation by the HSE found QinetiQ Limited had failed to adequately risk assess the trial activity. As a result, they did not have adequate precautions in place to ensure that no one was near the target when the rounds were fired.

Employers are required by law to protect both their employees and others from harm and assessing the risk is just one part of the overall process. HSE guidance is available to explain what steps should be taken.

QinetiQ Limited of, Cody Technology Park, Ively Road, Farnborough, Hampshire pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

The company was fined £800,000 and ordered to pay £8,365 in costs.

— Accurate at time of publication | April 2025

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United States | Roofing contractor to pay penalties over teen worker’s fatal fall

U.S. Department of Labor | The U.S. Department of Labor has reached an agreement with Jamesport roofing contractor John Troyer after a federal investigation determined he violated federal laws, resulting in a teen worker’s fatal fall in March 2023.

The department’s Occupational Safety and Health Administration (OSHA) found that Troyer, owner of Troyer Construction LLP which operates as Troyer Roofing and Coatings, failed to provide workers with required fall protection.

A separate investigation by the department’s Wage and Hour Division found he violated the Fair Labor Standards Act by employing minors illegally in roofing work from May 2022 to June 2023.

Under the agreement, Troyer must pay $290,000, which includes $156,259 in OSHA penalties, $15,000 in child labor penalties, and $118,741 in criminal fines to the U.S. Department of Justice. The company will also enroll in Missouri’s On-Site Safety and Health Consultation Program.

— Accurate at time of publication | April 2025

U.S. Department of Labor | The U.S. Department of Labor has reached an agreement with Jamesport roofing contractor John Troyer after a federal investigation determined he violated federal laws, resulting in a teen worker’s fatal fall in March 2023.

The department’s Occupational Safety and Health Administration (OSHA) found that Troyer, owner of Troyer Construction LLP which operates as Troyer Roofing and Coatings, failed to provide workers with required fall protection.

A separate investigation by the department’s Wage and Hour Division found he violated the Fair Labor Standards Act by employing minors illegally in roofing work from May 2022 to June 2023.

Under the agreement, Troyer must pay $290,000, which includes $156,259 in OSHA penalties, $15,000 in child labor penalties, and $118,741 in criminal fines to the U.S. Department of Justice. The company will also enroll in Missouri’s On-Site Safety and Health Consultation Program.

— Accurate at time of publication | April 2025

England | Firm fined £16k for selling unsafe products

BBC News | A company has been fined £16,000 for importing and selling thousands of heated plates that failed UK safety rules.

The sale of the electrical devices was investigated after a shopper in Colchester raised the alarm. Essex Trading Standards later found the hotplates posed a “serious risk of burning and electrical shock”.

Safa Food 1 Ltd, of Hayes, Middlesex, admitted 10 offences under the Electrical Equipment (Safety) Regulations 2016 and was ordered to pay a further £11,853 in costs at Southend Magistrates’ Court.

The business sold 2,994 hotplates to more than 200 retailers across England, Scotland and Northern Ireland, having imported them from China.

Trading Standards said an officer visited the Colchester shop in May 2023 and noticed several devices had no UK plugs. They seized one of the hotplates and found it was of “poor construction” upon testing. It was later discovered that Safa Food 1 was relying on a Chinese test report that did not cover British electrical safety standards.

Officers also found the company did not react to a complaint from a shop in Rotherham in 2022, which reported a hotplate tripping its electrical system.

During the court hearing, magistrates ordered 69 plates found at the firm’s premises should be destroyed.

Mark Durham, a Conservative at Essex County Council, thanked the “eagle-eyed” shopper for helping to secure a prosecution: “These hotplates presented serious safety risks to the companies and customers purchasing them,” he added.

— Accurate at time of publication | March 2025

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Australia | Freight company and director fined $400,000 over worker injury

Government of Western Australia | A freight haulage company and its sole director have been fined a total of $400,000 (and ordered to pay $6,500 in costs) over an incident in which a worker suffered serious injuries.

RGR Road Haulage Pty Ltd and director Richard Garrick Rowland pleaded guilty to failing to provide and maintain a safe workplace and, by that failure, causing serious harm to a worker, and were fined in the Northam Magistrates Court.

RGR was fined $355,000 while Mr. Rowland was fined $45,000.

In April 2021, an employee of RGR was attempting to load a sea container onto a tilt truck tray by using a winch to drag the container onto the tray. He attached the container to the winch’s wire using chains and connection pieces.

When he attempted to drag the container onto the tilt tray, the chain was overloaded and failed when the sea container jammed against the end of the tilt tray. Part of the chain slung back and struck the worker, resulting in serious injuries.

At the time the worker was assigned to drive tilt tray trucks to cover for another worker, he had not received any formal training or assessment of competency from RGR.

The Magistrate summarised RGR’s failures as failure to identify hazards, failure to provide proper training and instruction, failure to establish safe work procedures, failure to ensure plant and equipment was appropriate and maintained, and failure to ensure the use of a purpose-built drawbar.

She observed that the company was aware of the significant risk, which was demonstrated by the existence of a safe work procedure at its Newman depot that was not implemented in Perth, where the incident took place.

She also stated that Mr. Rowland was responsible for the failures as the sole company director.

— Accurate at time of publication | March 2025

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England | Contractor sentenced after uncontrolled spread of asbestos

HSE | A self-employed roofing contractor has been ordered to undertake unpaid work after the uncontrolled spread of asbestos in a back garden, putting two young workers and local residents at risk.

 

Doorbell-cam footage shows parts of an old garage roof being disposed of with a lack of control measures.

The footage was been released by the HSE last week at the start of Global Asbestos Awareness Week (1 April) to highlight the dangers.

Stephen Wilks, trading as S Wilks Roofing, pleaded guilty to breaching asbestos safety regulations after work carried out under his control led to the contamination of a residential area with asbestos-containing materials.

The court heard how Mr Wilks had been commissioned by a property management company to replace asbestos cement roof sheets on three garages off Green Walk in Bowden, Altrincham in February 2022.

The HSE began an investigation after a local resident raised concerns about debris that had fallen into their garden during the work. Analysis confirmed the debris contained chrysotile asbestos.

HSE inspectors discovered ripped bags of asbestos waste stored in a publicly accessible area in front of the garages, with asbestos-containing materials spilling onto the ground and contaminating nearby undergrowth. Further investigation revealed that residents’ personal belongings stored in the garages had also been contaminated.

The property management company subsequently arranged for a licensed asbestos removal contractor to safely collect the waste and thoroughly clean the affected areas.

Mr Wilks pleaded guilty to breaching Regulation 11(1) and Regulation 16 of The Control of Asbestos Regulations 2012, which require proper planning and precautions to prevent exposure to and spread of asbestos during non-licensed work. He was sentenced to a 12-month Community Order with 200 hours of unpaid work and was ordered to pay £3,582.13 costs.

HSE Inspector Phil Redman said: “This was a serious incident that put Mr Wilks, those working under his control, and members of the public, at risk from the potential harmful effects of being exposed to asbestos-containing materials. Duty holders are reminded to ensure they fully control the risks associated with the removal of asbestos-containing materials that do not require removal by a licensed asbestos removal contractor.”

The prosecution was supported by HSE enforcement lawyer Kate Harney and paralegal officer Rebecca Withell.

— Accurate at time of publication | March 2025

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Australia | Conviction and fine after recycling explosion injures six

WorkSafe Victoria | A recycling company has been convicted and fined $35,000 after six workers were injured in an aerosol gas explosion at its Shepparton plant.

Rose and Co Services Pty Ltd was sentenced in the Shepparton Magistrates’ Court after earlier pleading guilty to one charge under the Occupational Health and Safety Act and one charge under the Dangerous Goods Act.

The company was fined $30,000 for failing to provide a safe system of work and $5,000 for breaching Dangerous Goods Regulations by failing to instruct workers on the nature of hazards and properties of dangerous goods at the workplace. It was also ordered to pay $5,292 in costs.

Rose and Co Services recycled items such as aerosol cans, the contents of which are classified as Class 2.1 Dangerous Goods, using an item of plant known as a “shredder” to cut them into smaller pieces.

The court heard that in May 2023, the machine was being used to shred aerosol cans when an explosion injured six workers, including two who were airlifted to the Alfred Hospital’s Burns Unit.

Prosecutors told the court that flames from the explosion spread up to 18 metres from the shredder before workers used fire extinguishers to stop the blaze.

A worker who was clearing scrap metal from beneath the shredder at the time suffered severe burns to his back and arms, while a second worker, who was on a forklift next to the shredder, sustained severe burns to his face and upper body.

Four other workers required hospital treatment for superficial burns.

WorkSafe’s investigation found that almost all of the cans on the conveyor belt leading to the shredder were still pressurised, despite some being marked with the warning “empty to recycle,” and that bulk containers stacked nearby had reduced ventilation in the area.

Investigators also found a hazard and risk register had identified the risk of the shredder catching fire, as well as evidence from employees that the shredder had caught fire previously, and a Country Fire Authority audit recommending that the company train all employees in the storage and handling of dangerous goods.

It was reasonably practicable for Rose and Co Services to reduce the risk of an explosion by providing a system of work that included emptying or puncturing aerosols before shredding, using ventilation such as fans while the shredder was operating, and not storing bulk containers in a way that reduced ventilation around the machine.

The court also heard the company failed to provide the worker operating the shredder with instructions about the hazards and properties of dangerous goods, including aerosols.

— Accurate at time of publication | March 2025

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England | Company fined £2.5m following uncontrolled acid releases

HSE | A chemical manufacturing company has been fined £2.5m following two incidents of uncontrolled releases of highly corrosive acids at its site in West Thurrock, Essex.

 

Industrial Chemicals Ltd pleaded guilty following the incidents in 2020, one of which caused the release of a hydrogen chloride gas cloud that resulted in schools in the area to close.

First incident

The first incident on 6 January 2020 resulted in an uncontrolled release of hydrochloric acid from three chemical storage tanks.

Three hundred thousand litres of the substance was released via poorly maintained pipework. As it came into contact with the atmosphere, this created a hydrogen chloride gas cloud which spread to nearby towns. Nearby CCTV footage shows the atmosphere being engulfed in the cloud within 60 seconds.

Local businesses were affected and schools in West Thurrock and Chafford Hundred were advised to close. Due to the risk to local residents of exposure to the migrating fumes, advice was provided by emergency responders to close windows and doors.

Hydrochloric acid is highly corrosive and hydrogen chloride is a toxic gas. The incident lasted approximately 24 hours.

Second incident

On 29 August 2020 another uncontrolled release, this time of sulphuric acid, occurred due to a crack in a pipe. This resulted in the release of 87 cubic metres of sulphuric acid being released into the atmosphere. The valve that was designed to control leaks in the event of cracks did not operate as intended, leading to the uncontrolled release, increasing the risks to operators and delivery drivers.

Sulphuric acid is highly corrosive and can cause lung damage if high levels are breathed in.

Investigation 

A joint investigation by the HSE and Environment Agency (EA) into the release of the hydrochloric acid in January 2020 found that pipework had not been installed, maintained and inspected sufficiently which led to several smaller pipe failures before the more serious loss of containment. The investigation found that pipework had not been properly maintained, and a protective chemical-resistant coating had not been applied to the full height of containment walls.

An investigation by HSE into the release of sulphuric acid in August 2020 identified a lack of inspection and maintenance of the pipework and valves. The leak continued for a further two days due to the inability to operate a manual valve to stop the process. The loss of containment was eventually stopped on 31 August 2020. Fortunately, no one was harmed.

In relation to the January 2020 incident:

  • Industrial Chemicals Limited of Old Power Station site, Stoneness Road, West Thurrock, Grays, Essex, pleaded guilty to breaching Section 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 for the loss of containment of hydrochloric acid.
  • Industrial Chemicals Limited also pleaded guilty to two charges of breaching environmental permit conditions in contravention of regulation 38(2) of the Environmental Permitting (England and Wales) Regulations 2016 in that the company did not take appropriate measures to minimise the risk of unauthorised emissions of hydrochloric acid/acid fumes to air and land with the potential to impact receptors offsite including the local community.

In relation to the August 2020 incident:

  • Industrial Chemicals Limited pleaded guilty to Section 2(1) of the Health and Safety at Work etc Act 1974.

The company has been fined £2.4 million in relation to charges under the Health and Safety at Work etc Act 1974 and a further £100,000 in relation to charges under the Environmental Permitting (England and Wales) Regulations 2016.

HSE principal inspector Maria Strangward said: “The uncontrolled release of significant quantities of hazardous substances in these cases was entirely avoidable.

“An appropriate planned maintenance programme should have been in place to ensure that pipes do not fail, and valves operate. The proactive maintenance of pipework and safety critical valves is extremely important at sites such as these.

“Industrial Chemicals Limited’s West Thurrock site is classified as an upper tier site under the Control of Major Accident Regulations 2015, so that businesses and communities are protected, and potential major accidents avoided.”

Adrian Sherman, Environment Agency regulatory officer, said: “The Environment Agency takes its regulatory responsibilities seriously to protect communities and the environment.

“We expect businesses to comply with their environmental permits and will take appropriate enforcement action when they fail to do so. In this case, an appropriate inspection and maintenance programme could have prevented an environmental and public health risk.”

The HSE prosecution was brought by enforcement lawyer Samantha Wells, who said: “At the sentencing hearing the judge noted the previous history of poor health and safety standards by this defendant, which included previous incidents relating to poor maintenance of pipework at this site showing a careless attitude to health and safety which was treated as an aggravating factor which uplifted the sentence imposed.”

The EA prosecution was brought by EA lawyer Laura King.

— Accurate at time of publication | April 2025

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Northern Ireland | €450,000 fines handed down following fatal injury to worker

HSA | Kalmar Solutions AB (previously known as Cargotec Sweden AB), a Swedish based company, has been fined €150,000 and Scruttons (NI) Limited, a Northern Ireland based company, has been fined €300,000 following a Health and Safety Authority (HSA) investigation into an incident on 14 August 2019 where a haulier at Dublin Ferryport Terminal was struck and killed by a vehicle. The vehicle was manufactured by Kalmar Solutions AB and operated by Scruttons (NI) Limited.

Kalmar Solutions AB had previously pleaded guilty to failing to ensure that the vehicle, an empty container handler, was designed and constructed so as to be safe and without risk to health when properly used by a person at a place of work in that it failed to provide appropriate devices to remedy hazards due to restricted visibility from the driving position of the container handler, being a breach of section 16(1)(a) of the Safety, Health and Welfare at Work Act 2005.

Scruttons (NI) Limited had also pleaded guilty to failing to identify the hazard of restricted visibility from the driving position whilst operating the empty container handler, assess the risks presented by the hazard, and be in possession of a written assessment at the place of work while work was in the course of being carried on, being a breach of Section 19(5) of the Safety, Health and Welfare at Work Act 2005.

Mark Cullen, Assistant Chief Executive of the Health and Safety Authority, said: “Working in and around plant and machinery is a well-known hazard and has been a contributing factor in a significant number of fatal work-related incidents.

“It is vital that employers carry out a risk assessment for this type of work and identify the appropriate control measures to ensure the safety of employees and others working in and around areas where plant and equipment is being operated. As can be seen from this case, failure to do so can lead to a tragic consequences.”

— Accurate at time of publication | March 2025

HSA | Kalmar Solutions AB (previously known as Cargotec Sweden AB), a Swedish based company, has been fined €150,000 and Scruttons (NI) Limited, a Northern Ireland based company, has been fined €300,000 following a Health and Safety Authority (HSA) investigation into an incident on 14 August 2019 where a haulier at Dublin Ferryport Terminal was struck and killed by a vehicle. The vehicle was manufactured by Kalmar Solutions AB and operated by Scruttons (NI) Limited.

Kalmar Solutions AB had previously pleaded guilty to failing to ensure that the vehicle, an empty container handler, was designed and constructed so as to be safe and without risk to health when properly used by a person at a place of work in that it failed to provide appropriate devices to remedy hazards due to restricted visibility from the driving position of the container handler, being a breach of section 16(1)(a) of the Safety, Health and Welfare at Work Act 2005.

Scruttons (NI) Limited had also pleaded guilty to failing to identify the hazard of restricted visibility from the driving position whilst operating the empty container handler, assess the risks presented by the hazard, and be in possession of a written assessment at the place of work while work was in the course of being carried on, being a breach of Section 19(5) of the Safety, Health and Welfare at Work Act 2005.

Mark Cullen, Assistant Chief Executive of the Health and Safety Authority, said: “Working in and around plant and machinery is a well-known hazard and has been a contributing factor in a significant number of fatal work-related incidents.

“It is vital that employers carry out a risk assessment for this type of work and identify the appropriate control measures to ensure the safety of employees and others working in and around areas where plant and equipment is being operated. As can be seen from this case, failure to do so can lead to a tragic consequences.”

— Accurate at time of publication | March 2025

Australia | Business fined $400,000 after caustic spill injures workers

Government of Western Australia | Alcoa of Australia Limited has been fined $400,000 and ordered to pay costs of $5,536.70 after workers received burns from an uncontrolled release of caustic solution at the company’s Kwinana alumina refinery.

The group of people affected by the September 2022 incident included school students on a work experience placement at the site.

Alcoa pleaded guilty in the Rockingham Magistrate’s Court for failing to ensure, so far as is reasonably practicable, the health and safety of workers under the Work Health and Safety Act 2020 (WA).

On the day of the incident, a contract worker noticed a burning smell and found a pump that was emitting smoke and debris. The contract worker notified his shift supervisor who attended the scene with other workers.

The shift supervisor checked with the refinery’s control room to see if they could bring another pump online to replace the damaged pump. A control room operator advised the supervisor they would need to change the pump within a short time frame due to potential production consequences.

The shift supervisor was aware the pump could explode if pressure built up.

Having opened a discharge drain valve, the shift supervisor left the valve to advise the work experience group to leave the area. As he did so, another worker engaged in the pump changeover pressed its start button unaware the discharge drain valve was still open.

This action caused an uncontrolled discharge of hot caustic solution from the discharge drainpipe.

The caustic solution contacted a metal step in the open spoon drain which caused the liquid to spray out and contact some of the workers and students.

Emergency response officers attended the scene and provided first aid to those affected by the spill before transferring them to the site’s medical centre.

— Accurate at time of publication | March 2025

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England | Cornish holiday letting agency pleads guilty to fire safety breaches

FIA | A holiday letting agency in Cornwall has pleaded guilty to serious fire safety breaches following failings at one of its rental properties in St Ives.

 

Gill (St Ives) Holiday Enterprises, operating from Beach House in St Ives, admitted the offences at Bodmin Law Courts on 11 March 2025. The charges relate to its Premier Apartments on Wharf Road, where inspections uncovered a series of safety violations that placed guests at risk of death or serious injury in the event of a fire.

The court heard that, on or before 17 October 2023, the company failed to take general fire precautions required under the Regulatory Reform (Fire Safety) Order 2005. Fire doors were not up to the 30-minute resistance standard, and many lacked self-closing devices, intumescent strips and seals. Emergency lighting and escape signage were inadequate, final exit doors had key locks, and electrical boards on escape routes were not fire compartmentalised. Critically, no suitable or sufficient fire risk assessment had been carried out.

The failings were prosecuted under Articles 8(1), 32(1)(a) and 32(3) of the Fire Safety Order, along with Section 1 of the Regulatory Reform Act 2001. The sentencing is due to take place at Plymouth District Magistrates’ Court on 23 April 2025.

The FIA points out that this case is a clear warning for all duty holders. Properties used for short-term holiday lets must comply fully with fire safety law. Failure to do so not only carries legal consequences, but puts lives at risk.

— Accurate at time of publication | March 2025

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United States | Court sentences motor company and imposes over $1.6 billion in penalties for emissions fraud scheme

United States Environmental Protection Agency | The U.S. Environmental Protection Agency (EPA) and the Department of Justice (DOJ) have announced that U.S. District Court Judge Mark A. Goldsmith for the Eastern District of Michigan accepted Hino Motors, Ltd.’s guilty plea to a one-count criminal information charging it with having engaged in a multi-year criminal conspiracy to defraud both the United States Government and American consumers and illicitly smuggle goods into the country.

Judge Goldsmith also sentenced Hino Motors, Ltd., a Toyota subsidiary, to pay a criminal fine of $521.76 million, serve a five-year term of probation, during which it is prohibited from importing any diesel engines it has manufactured into the United States, and implement a comprehensive compliance and ethics programme and reporting structure. The court also entered a $1.087 billion forfeiture money judgment against the company.

According to court records, between 2010 and 2019, Hino Motors, Ltd. engineers submitted, and caused to be submitted, false applications for engine certification approvals in violation of the federal Clean Air Act.

Hino Motors, Ltd. engineers regularly altered emission test data, conducted tests improperly, and fabricated data without conducting any underlying tests. The engineers also submitted fraudulent carbon dioxide emissions test data, which resulted in false fuel consumption values being calculated for its engines, and failed to disclose software functions that could adversely affect engines’ emission control systems.

As a result of the fraud, Hino Motors, Ltd. imported and sold over 105,000 non-conforming engines between 2010 and 2022. These engines were primarily installed in heavy-duty trucks manufactured and sold by Hino nationwide.

Special agents of EPA’s Criminal Investigation Division and FBI’s Detroit Field Office investigated the criminal case.

— Accurate at time of publication | March 2025

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England | Fines for company and operations manager after death from 20-foot fall

HSE | A company and its operations manager have both been fined after a man fell to his death through a roof at its site in Dudley.

Maciej Rozanski, who was 42, had been working to remove a redundant steel cleaning machine from the company’s Sovereign Works site on Deepdale Lane, on 29 June 2018. However, during the work, Mr Rozanski stepped onto a fragile roof and fell more than 20 feet to the floor below. He suffered serious injuries and was pronounced dead at the scene.

Surface Technik (Old Hill) Limited, which is now in liquidation, was found guilty following a trial, while Robert Hammond had already entered a guilty plea, but disputed he was responsible for health and safety at the site.

The prosecution was brought following an investigation by the HSE, which found that the company began the work to remove the machinery in December 2017 and that project was led by Robert Hammond. The steel cleaning machine was housed in a corrugated steel tower on the side of the main production building which required partial dismantling in order to remove the machine. On the day of the incident, Mr Rozanski and another employee were tasked with the dismantling works. Once at the top of the tower they used an angle grinder to remove bolts holding the corrugated steel plates in place. It was during this activity that Mr Rozanski fell to his death.

There was no suitable and sufficient risk assessment made for the work at height activities. The work to remove corrugated steel sheets from the disused tower was carried out at height, near to a fragile roof surface without suitable access equipment or safe working practices. The work was not properly organised, planned, appropriately supervised or carried out in a safe manner and the employees were not trained for working at height when the incident occurred.

Surface Technik (Old Hill) Limited formerly of Deepdale Lane, Dudley was found guilty by a jury of a breach of Section 2 (1) of the Health and Safety at Work etc. Act 1974 and fined £90,000 with costs £28,956.

Robert Hammond of Sutton Coldfield accepted that he did not take reasonable care for the health and safety of both employees when he pleaded guilty to breaching Section 7 of the Health and Safety at Work etc. Act 1974. Mr Hammond was fined £8,500 and pay the same amount in costs.

Speaking after the hearing, HSE inspector Sarah Smewin said “Working from height remains a leading cause of workplace death and injury.

“This case highlights the risks of working at height from or near to fragile roof surfaces and the importance of a risk assessment, proper planning, training and supervision of work at height and the use of suitable access equipment to ensure that the work can be carried out safely. It also demonstrates that placing a company into liquidation is no bar to prosecution.”

This HSE prosecution was brought by HSE enforcement lawyer Andrew Siddall and paralegal officer Gabrielle O’Sullivan.

— Accurate at time of publication | March 2025

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