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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England | Company director prosecuted after fire

FSM | A company director has been prosecuted after pleading guilty to significant breaches of the Regulatory Reform (Fire Safety) Order 2005.

Ms Yuting Zhuo was successfully prosecuted by the West Sussex Fire and Rescue Service for breaching six charges under the Fire Safety Order.

Zhuo was company director of the Dragon and Peacock Chinese takeaway restaurant in Burgess Hill at the time the premises experienced a fire, caused by a faulty electrical supply, back in September 2023.

Four people were led to safety by firefighters after a member of the public made the 999 call. The rear of the building was significantly damaged.

At the hearing, it was established that Zhuo’s failings had led to an increased risk of death and serious injury to those residing at the premises. It was also unanimously agreed that those inside the building were fortunate that a member of the public notified West Sussex Fire and Rescue Service of the incident.

Zhuo was ordered to pay a total of £9,157.37, including prosecution costs and a victim surcharge.

Area manager Dave Bray, head of fire safety for West Sussex Fire and Rescue Service, said: “We are extremely pleased with the outcome of this case and believe it serves as a strong reminder to business owners – particularly so where sleeping accommodation is provided above commercial premises – that they must ensure those people are able to be alerted to the presence of fire and have suitable escape routes to safely and quickly evacuate the building.

“It’s only through luck that this fire did not have far more sinister consequences. Duty holders are reminded that the Fire Safety Order is in place to protect life in the event of a fire. As such, the highest sanctions possible will be sought where these failings endanger the lives of residents and visitors to West Sussex.”

— Accurate at time of publication | March 2025

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Australia | Power company fined $220,000 for unsafe connection with extremely high risk

Government of Western Australia | Western Power has been fined $220,000 for the unsafe supply of electricity to a house in Wundowie, north-east of Perth, where two nearby residents received electric shocks and “the entire neighbourhood was at risk,” according to a magistrate.

At Perth Magistrates Court, the network operator pleaded guilty to two offences under WA’s Electricity Regulations 1947 following prosecution by Building and Energy.

The penalty is the largest fine against Western Power under laws that prohibit a network operator from supplying electricity to a premises without ensuring it is safe to do so. It follows seven prior convictions against Western Power for the same type of offence.

The court was told that in November 2022, two Western Power workers attended the Wundowie property where a private electrical contractor had installed a new consumer power pole. One Western Power worker noticed the newly installed meter had incorrect wiring, with the active and neutral conductors transposed, but did not take any action.

The transposed wiring enabled the electric current to bypass safety devices, putting the homeowners and neighbours at risk of electric shock if they touched metallic water pipes or earthed electrical appliances.

The court was told that shortly after the Western Power workers reconnected the electricity supply to the original property, two residents of a nearby home received electric shocks in their shower. Fortunately, they were not seriously injured.

Evidence presented in court also showed Western Power failed to follow a procedure that requires the electrical contractor to complete a temporary disconnection tag or notice of completion, which declares the electrical work has been checked and tested for safety and compliance.

This tag or notice must be provided to the network operator before it can connect the electricity supply, but this did not occur at the Wundowie premises. Although Western Power developed the procedure for using tags, it did not comply with its own process.

In addition to the $220,000 fine, Magistrate Catherine Crawford ordered Western Power to pay costs of $700, noting it was “only a matter of chance” that no serious injury or death resulted given the “extremely high” risk of harm and “the entire neighbourhood was at risk.”

Her Honour noted Western Power’s “relevant prior history for breaches of the same regulation,” but she acknowledged the utility’s early guilty plea and its updated procedures and processes since the incident.

— Accurate at time of publication | March 2025

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England | Bakery fined for safety violations

Southwark Council | Southwark Council has prosecuted the owners of Spice N Nice bakery for breaching health and safety regulations.

 

The case was heard at Croydon Magistrates’ Court on 3 March 2025, culminating in the defendants, Mark Scott and Dezrene Judith Clarke, pleading guilty to breaches to the Health and Safety at Work etc Act 1974.

The court imposed fines of £1,200 each, along with a £480 legal surcharge and £1,500 in costs. The prosecution resulted from a series of inspections that uncovered serious safety concerns at the bakery, located at 8A Coldharbour Lane, Camberwell, London.

The council’s environmental health team visited the bakery on 9 July 2024 following a referral from the council’s Food Safety Team regarding an unsafe cooking appliance and dangerous electrics. The investigation revealed the use of a liquid petroleum gas (LPG) cooking appliance inside the bakery, along with large amounts of stored bottled gas, which did not comply with safety standards. The owners had previously been instructed to stop using the equipment by another council enforcement officers 18 months earlier.

Concerns were raised about the unsafe gas cooking appliance which posed a fire and explosion risk, endangering both customers and the residents living in the accommodation above the bakery.

Additionally, the council identified dangerous electrical sockets that could pose a significant hazard to staff and patrons. Despite previous warnings, the proprietors failed to take corrective action to make the premises safe, leading to legal proceedings by the council.

Councillor Natasha Ennin, Southwark Council’s Cabinet Member for Community Safety, said: “This conviction sends a clear message that we will not tolerate businesses that neglect the safety of their employees and customers. Ensuring compliance with health and safety regulations is paramount, and we will take decisive action against those who fail in this duty. The safety of our residents is our top priority, and we will continue to enforce the law to protect them.”

“It is critically important that gas appliances are installed correctly and undergo an annual safety check by a Gas Safe registered engineer. Additionally, all electrics must be safely maintained and should be tested and inspected by a competent electrician every five years in commercial premises.”

— Accurate at time of publication | March 2025

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Canada | Metals corporation faces over $710,000 fine for safety violations

Canadian Occupational Safety
| Metals and mining corporation Rio Tinto Alcan Inc. has been fined a total of $710,488.79 after two workers were hurt at the company’s facility.

Both incidents happened at the firm’s smelter worksite in Kitimat. WorkSafeBC responded to both incidents.

In the first incident, a subcontracted worker received an electrical shock injury from an energised conductor on an electrical power distribution system.

WorkSafeBC found that there were inadequate controls in place to warn workers of and protect them from the electrical hazard.

In the second incident, a subcontracted worker was injured when they made contact with a rotary valve on a dust collector.

Rio Tinto also failed to ensure machinery was effectively safeguarded, and to ensure no work was done until the machinery was locked. These were all high-risk violations.

WorkSafeBC added that the firm failed to ensure regular inspections were made of its workplaces to prevent the development of unsafe working conditions, and failed to ensure the health and safety of all workers present at its workplace, both repeated violations.

— Accurate at time of publication | March 2025

Canadian Occupational Safety
| Metals and mining corporation Rio Tinto Alcan Inc. has been fined a total of $710,488.79 after two workers were hurt at the company’s facility.

Both incidents happened at the firm’s smelter worksite in Kitimat. WorkSafeBC responded to both incidents.

In the first incident, a subcontracted worker received an electrical shock injury from an energised conductor on an electrical power distribution system.

WorkSafeBC found that there were inadequate controls in place to warn workers of and protect them from the electrical hazard.

In the second incident, a subcontracted worker was injured when they made contact with a rotary valve on a dust collector.

Rio Tinto also failed to ensure machinery was effectively safeguarded, and to ensure no work was done until the machinery was locked. These were all high-risk violations.

WorkSafeBC added that the firm failed to ensure regular inspections were made of its workplaces to prevent the development of unsafe working conditions, and failed to ensure the health and safety of all workers present at its workplace, both repeated violations.

— Accurate at time of publication | March 2025

England | Hydraulics company fined after worker’s legs trapped in machine

HSE | A hydraulics company, with locations throughout the UK, has been fined after an employee became trapped in a machine that he was working on at a customer’s premises in Plymouth.

 

David Lawrence, a 63-year-old engineer, was undertaking fault finding on a laser cutting machine for Pearson Hydraulics Ltd, on 26 July 2023, when the cutting bed of the machine dropped and trapped both of his legs. After spending five weeks in hospital, Mr Lawrence had to have his right leg amputated above the knee. Despite extensive surgery to save his left leg, Mr Lawrence faces the possibility of having it amputated in the future.

The HSE’s investigation found that Pearson Hydraulics Ltd did not have a safe system of work in place for maintenance activities carried out by its engineers at its customer’s premises. It failed to carry out a suitable and sufficient risk assessment of the work to be undertaken by Mr Lawrence and there had been a total failure to monitor and supervise his work. The investigation also identified that Mr Lawrence had not been adequately trained by his employer and that his knowledge of hydraulic systems on laser cutting machinery was inadequate, preventing him from carrying out the work safely.

Pearson Hydraulics Ltd of Electric Avenue, Witham St Hughes, Lincoln pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £96,333 and ordered to pay £10,701 in costs.

HSE inspector Emma O’Hara said “This incident could so easily have been avoided with the correct risk assessment and implementation of a safe working procedure. Pearson Hydraulics Ltd left its employees to work out their own methods of completing fault finding and maintenance tasks, instead of providing them with suitable training and supervision so it could be done safely every time.”

This HSE prosecution was brought by HSE enforcement lawyer Andrew Siddall and paralegal officer Imogen Isaac with counsel Alan Fuller.

— Accurate at time of publication | March 2025

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United States | Landlord who ignored Safety Codes convicted of murder for fatal fire

Insurance Journal | James G. Walker of Washington, D.C. has been found guilty on two counts of second-degree murder, and 27 criminal building code violations, for the deaths of two tenants who were unable to exit when his building erupted in flames.

According to prosecutors, on the morning of 18 August 2019, a fire erupted in the basement of 708 Kennedy Street. Two tenants, 40-year-old Fitsum Kebede and 10-year-old Yafet Solomen, were in the basement and were unable to exit the premises. They subsequently died from thermal burns and smoke inhalation.

The District of Columbia government’s evidence was that Walker’s knowledge of the danger posed by the conditions of the property and his conscious disregard of the extreme risk that death or serious bodily injury could occur were the but-for cause of the two deaths.

According to the government’s evidence, Walker was the owner of the Kennedy Street commercial property, but he did not have a certificate of occupancy for the building and the structure was in violation of several fire safety codes. Prosecutors said Walker operated the building as an illegal “rooming house.”

According to the government, some of the building’s rooms were too small to be considered habitable space, some had no windows, and the Walker failed to install or maintain functional smoke alarms throughout the building, including the basement.

According to prosecutors, the most egregious violation was the failure to provide an unobstructed means to escape the property. The property had multiple security gates that required keys from both sides, the worst offense being a double-keyed security gate installed within the property that blocked access from the kitchen to the front door.

Officials told the court that Walker had received specific warnings on 21 March 2019, from the Metropolitan Police Department that the building was in violation of several building codes specifically related to fire safety and hazardous conditions. He was instructed to correct the conditions and have the building inspected for residential use. He did not, prosecutors said.

The case was heard in Superior Court of the District of Columbia. The case was jointly tried by the offices of U.S. Attorney Edward R. Martin, Jr. and D.C. Attorney General Attorney Brian L. Schwalb.

— Accurate at time of publication | March 2025

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England | Company fined for unsafe scaffolding

HSE | A.I.M Access Solutions Ltd has been fined £30,000 for failing to assemble safe scaffolding following an investigation by the HSE.

The HSE investigation was prompted after the regulator was notified of the death of A.I.M Access Solutions Ltd employee Robert Duffy. The 45-year-old passed away in hospital on 23 May 2021, three days after sustaining serious injuries while working at the site on Rice Hey Road.

The prosecution of A.I.M Access Solutions Ltd, of Manorside Gores Road, Knowsley Industrial Park, Kirkby, was not brought on the grounds that the incident was causative of Mr Duffy’s death.

The firm pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. It was fined £30,800 and ordered to pay £5,040.75 in costs.

HSE inspector Sam Eves said: “A.I.M Access Solutions Ltd did not ensure the tower scaffold was constructed correctly. The company failed to provide a safe way to get to and from the work platform, for example using an appropriately designed internal ladder.

“Companies should follow HSE guidance to ensure they effectively plan, manage and monitor similar construction work and reduce the risks to their employees.”

This prosecution was brought by HSE senior enforcement lawyer Daniel Poole and supported by HSE paralegal officer Helen Hugo.

— Accurate at time of publication | March 2025

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New Zealand | WorkSafe stresses that subbies deserve safety at work too following court case

WorkSafe New Zealand | A forestry subcontractor was failed by poor risk management from the two businesses above him, both of which have been sentenced for their inaction.

Misha Tremel, 39, was killed while manually felling trees on a small block at Clevedon in June 2022. The qualified tree feller had been brought in by Turoa Logging Limited, which was harvesting 7,800 tonnes of pine on behalf of the forest managers Pulley Contracting Limited.

The trees being manually cut by Mr. Tremel were windthrown, meaning they had been bent and damaged by wind. WorkSafe and the forestry industry strongly recommend that such trees are harvested using machines.

WorkSafe’s investigation found Turoa Logging had not properly reassessed its harvesting plan after nearby trees were cut by machinery and had not ensured safe felling practices were followed. Pulley Contracting did not do enough to identify the ongoing risks to workers and should have been auditing Turoa Logging more thoroughly.

Turoa Logging Limited and Pulley Contracting Limited were sentenced at Manukau District Court where both were ordered to pay a combined total of $335,680 in fines and reparation for breaching the Health and Safety at Work Act 2015.

Forestry had the highest fatality rate of any sector in 2024, with 16.58 deaths per 100,000 workers.

Under its new strategy, WorkSafe is turning about 15% of its targeted frontline activity to the forestry sector because of the high rate of harm, particularly for Maōri.

— Accurate at time of publication | March 2025

WorkSafe New Zealand | A forestry subcontractor was failed by poor risk management from the two businesses above him, both of which have been sentenced for their inaction.

Misha Tremel, 39, was killed while manually felling trees on a small block at Clevedon in June 2022. The qualified tree feller had been brought in by Turoa Logging Limited, which was harvesting 7,800 tonnes of pine on behalf of the forest managers Pulley Contracting Limited.

The trees being manually cut by Mr. Tremel were windthrown, meaning they had been bent and damaged by wind. WorkSafe and the forestry industry strongly recommend that such trees are harvested using machines.

WorkSafe’s investigation found Turoa Logging had not properly reassessed its harvesting plan after nearby trees were cut by machinery and had not ensured safe felling practices were followed. Pulley Contracting did not do enough to identify the ongoing risks to workers and should have been auditing Turoa Logging more thoroughly.

Turoa Logging Limited and Pulley Contracting Limited were sentenced at Manukau District Court where both were ordered to pay a combined total of $335,680 in fines and reparation for breaching the Health and Safety at Work Act 2015.

Forestry had the highest fatality rate of any sector in 2024, with 16.58 deaths per 100,000 workers.

Under its new strategy, WorkSafe is turning about 15% of its targeted frontline activity to the forestry sector because of the high rate of harm, particularly for Maōri.

— Accurate at time of publication | March 2025

United States | $1.1 Million in penalties issued to Buena Park restaurant over wage and sick leave violations

California Department of Industrial Relations | The Labor Commissioner’s Office (LCO), which operates under the Department of Industrial Relations (DIR), has taken enforcement action totaling more than $1.1 million against Buena Park restaurant Food Source LLC for wage theft violations and failure to comply with paid sick leave requirements.

The total includes $532,561 in citations, issued to compensate 73 affected workers for multiple wage theft violations. These violations include unpaid wages, failure to pay overtime, unpaid contract wages, liquidated damages, and incomplete wage statements.

Additionally, the LCO filed a lawsuit for $575,803, seeking unpaid wages, damages, and penalties for the employer’s failure to comply with paid sick leave laws.

The lawsuit also addresses violations such as denying workers access to paid sick leave, failing to document sick leave availability on pay stubs, leaving workers uninformed about their legal rights, and not providing supplemental paid sick leave during the COVID-19 pandemic.

In total, these violations impacted at least 90 workers at the restaurant.

Under California’s Healthy Workplace, Healthy Families Act of 2014, employees who work at least 30 days in a year are entitled to paid sick leave, accruing one hour for every 30 hours worked. Employees can begin using their sick leave after 90 days of employment, with employers allowed to limit usage to 40 hours (five days) per year.

Paid sick leave can be used for personal or family health care needs, including preventive care. Accrued balances may carry over, up to a cap of 80 hours (ten days). Certain employees, such as those covered by collective bargaining agreements, may be exempt.

— Accurate at time of publication | February 2025

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England | Farmer jailed after three-year-old child killed by vehicle

HSE  | A farmer has been jailed after he failed to ensure the health and safety of his three-year-old son.

Albie Speakman lost his life on 16 July 2022 after he was run over by a telehandler that was being driven by his father Neil Speakman.

A joint investigation by the HSE and Greater Manchester Police found Mr Speakman failed to ensure Albie was kept safe from work activities on his family’s farm in Bury, Greater Manchester. The telehandler being driven by Mr Speakman was in poor condition.

Mr Speakman, 39, was using the telehandler to move woodchip into bags while Albie was left playing in a small unfenced garden at the front of the house on Bentley Hall Farm. The three-year-old wandered onto the farm yard and was fatally struck by the telehandler as it was being reversed.

The HSE and Greater Manchester Police investigation identified that Mr Speakman failed to ensure there was a safe segregated area for Albie to play in so that he was kept safe from farm workplace activity. Instead, Albie was allowed to move around the farm yard while vehicles were being driven.

The investigation also found Mr Speakman had borrowed the telehandler from a neighbour, and while he had previously used the vehicle, he was not appropriately trained and had not properly considered the risks involved with using it. The telehandler was missing a wing mirror on the passenger’s side, while the wing mirror on the driver’s side was dirty – reducing Mr Speakman’s visibility as he operated the vehicle.

Neil Speakman, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974 after being charged by the Crown Prosecution Service (CPS).

He was handed a 12-month prison sentence and ordered to pay £2,000 in costs at Manchester Minshull Street Crown Court on 28 February 2025. Mr Speakman must serve at least six months in prison.

Following a trial at Manchester Minshull Street Crown Court, Mr Speakman was found not guilty of gross negligence manslaughter in February 2025. This charge was brought by the CPS following a Greater Manchester Police investigation.

HSE inspector Mike Lisle said: “This tragedy could easily have been avoided if our guidance was followed.

“Our guidance clearly states children should be kept away from farming activities and work traffic, remaining in a safe space, such as a securely fenced play area. Farms are workplaces, but often have a farm house within the grounds. This makes the provision of safe areas for children even more important.”

— Accurate at time of publication | March 2025

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Wales | A renovation firm in South Wales fined after defying enforcement notices from HSE

HSE  | A renovation company in South Wales has been sentenced after defying enforcement notices from HSE. 

Inspectors say Greenlife Property Developments Ltd failed to heed their warnings about the dangers posed to workers by a two-and-a-half metre deep excavation of the entire back garden of a house in Pit Place, Cwmbach, Aberdare.

The HSE inspection of the refurbishment works in September 2023 followed up on reports of unsafe construction work.

It found that:

  • Employees were observed working within the excavation, which was approximately 2.5 metres deep.
  • The sides of the excavation were vertical, leaving a risk of rubble subsiding or collapsing without warning.
  • The site had not been secured to prevent unauthorised access.

There was no risk assessment for the refurbishment works and no safe system of work.

Craig Lewis, managing director at Greenlife Property Developments Ltd, was present on site at the time.

Following the inspection HSE served Greenlife Property Developments Ltd with a Prohibition Notice, requiring the firm to stop construction work within the excavation until it had corrected defects under a safe system of work. There was an immediate risk of serious injury to employees, working inside the excavation, including of burial from falling rubble.

Two Improvement Notices were also served, one requiring the company to secure the site, preventing unauthorised access, while the other ordered the firm to obtain advice on the risks to workers inside the excavation and implement a safe system of work.

A subsequent HSE investigation found Greenlife Property Developments Ltd breached the Prohibition Notice by continuing construction work inside the excavation. The company also failed to comply with one of the Improvement Notices as it did not obtain advice on the risks to workers inside the excavation and implement a safe system of work. Mr Lewis ignored repeated attempts by HSE to contact him in relation to the notices served and the conditions on site, and attempted to deceive HSE by providing false information in relation to the actions taking by the company to comply with the notices.

Greenlife Property Developments Ltd, of Gurnos Estate, Brynmawr, Ebbw Vale, Gwent, Wales, was found guilty of breaching Section 33(1)(c) and two breaches of Section 33(1)(g) of the Health and Safety at Work etc. Act 1974. The company was fined £40,000 and ordered to pay £5,812.57 in costs at Merthyr Tydfil Magistrates’ Court on 20 January 2025.

HSE inspector Rachael Newman said: “Every year people are killed or seriously injured by collapsing and falling materials while working in excavations.

“Workers are not standing on solid ground when they are inside an excavation. There is almost no excavated ground that can be relied upon. One cubic metre of soil collapsing into an unsupported excavation can collapse without warning and weigh as much as one tonne.”

“Greenlife Property Developments Ltd failed to heed the warnings we evidently gave in our enforcement notices. They made no attempt to prevent the excavation from collapse. The company failed to comply with two enforcement notices which were served to remove the risk and secure compliance with the law.

“The attempts to evade us were a deliberate breach and flagrant disregard of the law.

“The fine imposed on Greenlife Property Developments Ltd should highlight to everyone in the construction industry that the courts, and HSE, take a failure to comply with the law and enforcement notices extremely seriously. We will not hesitate to take action against companies which don’t do all they should to keep people safe.”

The HSE prosecution was brought by HSE enforcement lawyer Matthew Reynolds and supported by HSE paralegal officer Jason Dix.

— Accurate at time of publication | March 2025

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