£1 million fine for concrete firm after “one in a million” son died at work
A concrete manufacturer has been fined £1 million after a 24-year-old man died at a site in Nottingham.
Stewart Ramsay, from Mansfield, was working for Creagh Concrete Products Ltd (CCP) at its Thurgarton Lane site in Hoveringham when he suffered fatal head injuries on 15 March 2017.
Mr. Ramsay, known as “Stew”, was trying to fix a problem that happened as he and colleagues were using a metal grab to unload Spantherm, a concrete building product, from some trailers. The metal grab shouldn’t have been in use.
Mr. Ramsay’s head became trapped in the jaws of the grab after a rope connected to the locking lever snapped. Even though the rope was tied in a double-knot, the locking mechanism released the jaws of the grab as Mr. Ramsay pulled on it, causing fatal injuries.
CCP were sentenced at Nottinghamshire Crown Court, after they admitted failing to ensure its employees carried out lifting operations safely and without training and information being in place.
An investigation by the Health and Safety executive (HSE) showed that CCP did not have a safe system of work for the use of the grab and had not carried out a risk assessment to identify risks for its use. Both the grab and a fork lift truck being used at the time were in poor condition. Neither should have been in service at the time of the incident. CCP had failed to ensure that these pieces of work equipment had been maintained in an efficient state, efficient working order or in good repair.
Creagh Concrete Products Limited of Hoveringham Nottinghamshire pleaded guilty of breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 in that it failed to ensure, so far as was reasonably practicable, the health, safety, and welfare at work of all its employees. The company was fined £1 million and ordered to pay costs of £47,521.08.
Speaking after the hearing HSE Inspector Mr. Amandip Dhanda said: “This tragic incident led to the avoidable death of a young man. Stewart’s death could easily have been prevented if his employer had acted to identify and manage the risks involved, and to put a safe system of work in place. The work equipment being used at the time of the incident should not have been in use, and the employer would have known this had they effectively followed their own health and safety systems.”
This is valid as of 18th April 2023.
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£600,000 fine for company after employee died while loading lorry
A garden landscaping company has been fined £600,000 after an employee died while loading a lorry.
Brian White, 59, was working for East Yorkshire firm Kelkay Limited when he was operating a forklift truck at the company’s site on Heck and Pollington Lane, Pollington, on 15 June 2020.
Brian was fatally injured when the lorry he was loading was moved by the driver, pulling the forklift truck over and trapping him underneath.
Investigating, the HSE found Kelkay Limited’s risk assessment failed to take into account the possibility of lorries moving while they are being loaded. The HSE also found that the systems of work provided for ensuring that vehicles were not moved during loading activities were inadequate.
Kelkay Limited, of Heck And Pollington Lane, Pollington, East Yorkshire, was found guilty of breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £600,000 and ordered to pay £20,848.71 in costs.
Brian’s eldest son Barry said: “Not a day goes by without me thinking of my dad and how we have lost a massive part of our family. He was our rock who we could turn to for advice and help. We have lost a friend and a father and a grandad all in one go.
“He was a well-known part of the local area and his loss has affected many people around the community. We miss him so much. It still upsets me to this day and we will always remember him. Rest in peace dad.”
Brian’s partner Joan said: “Brian went to work on that day but didn’t return home through no fault of his own. We had made plans for the future together but then everything was turned upside down on that day. My life was then a total disaster from that day.”
HSE inspector John Boyle commented: “This incident could have been avoided by implementing the correct control measures and safe working practices.”
This is valid as of 13th April 2023.
A garden landscaping company has been fined £600,000 after an employee died while loading a lorry.
Brian White, 59, was working for East Yorkshire firm Kelkay Limited when he was operating a forklift truck at the company’s site on Heck and Pollington Lane, Pollington, on 15 June 2020.
Brian was fatally injured when the lorry he was loading was moved by the driver, pulling the forklift truck over and trapping him underneath.
Investigating, the HSE found Kelkay Limited’s risk assessment failed to take into account the possibility of lorries moving while they are being loaded. The HSE also found that the systems of work provided for ensuring that vehicles were not moved during loading activities were inadequate.
Kelkay Limited, of Heck And Pollington Lane, Pollington, East Yorkshire, was found guilty of breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £600,000 and ordered to pay £20,848.71 in costs.
Brian’s eldest son Barry said: “Not a day goes by without me thinking of my dad and how we have lost a massive part of our family. He was our rock who we could turn to for advice and help. We have lost a friend and a father and a grandad all in one go.
“He was a well-known part of the local area and his loss has affected many people around the community. We miss him so much. It still upsets me to this day and we will always remember him. Rest in peace dad.”
Brian’s partner Joan said: “Brian went to work on that day but didn’t return home through no fault of his own. We had made plans for the future together but then everything was turned upside down on that day. My life was then a total disaster from that day.”
HSE inspector John Boyle commented: “This incident could have been avoided by implementing the correct control measures and safe working practices.”
This is valid as of 13th April 2023.
Supermarket chain fined £3.5 million over death of employee
Morrisons supermarket has been fined £3.5 million following a prosecution by Tewkesbury Borough Council for failing to ensure the health and safety of an epileptic employee who died after falling from a shop stairway.
On 25 September 2014, Matthew Gunn, 27, was using the stairs in the supermarket’s Tewkesbury store when he is believed to have had a seizure. The fall caused severe head injuries and he sadly died in hospital on 7 October 2014.
Morrisons – which was aware of Mr Gunn’s epileptic condition – was deemed to have missed opportunities to ensure his safety. It was charged with three health and safety breaches which it denied:
• Failure to ensure the health and safety of an employee who had epilepsy.
• Failure to carry out a suitable and sufficient assessment of the risks to the employee who had epilepsy.
• Failure to review risks to which an employee with epilepsy might be exposed.
Morrisons admitted a fourth charge of failing to supply the council with requested information relating to the death of the employee.
However, on 2 February 2023, following a three-week trial at Cirencester Courthouse, the jury found Morrisons guilty on all four charges.
Sentencing took place on 17 March. The judge placed the offences in the highest category of culpability and harm, and Morrisons was fined £3.5m.
Tewkesbury Borough Council’s Head of Community Services, Peter Tonge, said: “This was a long and difficult investigation, and the successful court outcome is a reflection of the dedication and professionalism of our investigation team.
“Matthew Gunn was extremely vulnerable to health and safety risks in his workplace due to his severe epilepsy.
“Despite being aware of the risks, Morrisons failed to put in place a number of simple measures which could have kept Matthew safe at work. Furthermore, Morrisons failed to co-operate with elements of our investigation, and we are satisfied that the substantial fine imposed by the court reflects the seriousness of the omissions and failures on the part of the company.
“We hope this court outcome will send a message to all employers of the importance of complying with basic health and safety duties, and properly assessing risks, especially when it comes to vulnerable employees.
“Finally, we would like to express our gratitude to Matthew’s family for their enormous patience and support throughout this investigation and we hope that the sentence imposed on Morrisons today will finally provide them with the justice they deserve after all these years.”
The prosecution was undertaken by One Legal, a legal service shared by Cheltenham Borough Council, Gloucester City Council, Stroud District Council and Tewkesbury Borough Council.
This is valid as of 3rd April 2023.
Morrisons supermarket has been fined £3.5 million following a prosecution by Tewkesbury Borough Council for failing to ensure the health and safety of an epileptic employee who died after falling from a shop stairway.
On 25 September 2014, Matthew Gunn, 27, was using the stairs in the supermarket's Tewkesbury store when he is believed to have had a seizure. The fall caused severe head injuries and he sadly died in hospital on 7 October 2014.
Morrisons - which was aware of Mr Gunn's epileptic condition - was deemed to have missed opportunities to ensure his safety. It was charged with three health and safety breaches which it denied:
• Failure to ensure the health and safety of an employee who had epilepsy.
• Failure to carry out a suitable and sufficient assessment of the risks to the employee who had epilepsy.
• Failure to review risks to which an employee with epilepsy might be exposed.
Morrisons admitted a fourth charge of failing to supply the council with requested information relating to the death of the employee.
However, on 2 February 2023, following a three-week trial at Cirencester Courthouse, the jury found Morrisons guilty on all four charges.
Sentencing took place on 17 March. The judge placed the offences in the highest category of culpability and harm, and Morrisons was fined £3.5m.
Tewkesbury Borough Council's Head of Community Services, Peter Tonge, said: “This was a long and difficult investigation, and the successful court outcome is a reflection of the dedication and professionalism of our investigation team.
“Matthew Gunn was extremely vulnerable to health and safety risks in his workplace due to his severe epilepsy.
“Despite being aware of the risks, Morrisons failed to put in place a number of simple measures which could have kept Matthew safe at work. Furthermore, Morrisons failed to co-operate with elements of our investigation, and we are satisfied that the substantial fine imposed by the court reflects the seriousness of the omissions and failures on the part of the company.
“We hope this court outcome will send a message to all employers of the importance of complying with basic health and safety duties, and properly assessing risks, especially when it comes to vulnerable employees.
“Finally, we would like to express our gratitude to Matthew’s family for their enormous patience and support throughout this investigation and we hope that the sentence imposed on Morrisons today will finally provide them with the justice they deserve after all these years.”
The prosecution was undertaken by One Legal, a legal service shared by Cheltenham Borough Council, Gloucester City Council, Stroud District Council and Tewkesbury Borough Council.
This is valid as of 3rd April 2023.
£30k fine for dental supply company after explosion of flammable liquid
A dental supply company has been fined £30k after an explosion of flammable liquid led to a fire at its premises in Halifax.
John Winters and Company Limited pleaded guilty to safety breaches after one of its employees was put at serious risk in the explosion that led to flames ripping through the building.
Leeds Magistrates’ Court heard that, on 23 April 2021, the worker had been decanting heptane from a metal drum into a plastic bulk container. Other employees were also put at risk when the explosion resulted in a fire spreading rapidly throughout other production buildings. Nobody was physically injured in the fire which was tackled by more than 60 firefighters at its height.
The HSE’s investigation found that the decanting of flammables had been unsafely undertaken at the company for several years despite well-known industry guidance.
The splash filling of Heptane generated a static charge creating a spark which caused an explosion during the decanting process, flammable material then spread further as there were no containment measures. The poor practice of storing cardboard boxes nearby fuelled the fire allowing it to spread significantly.
John Winters and Company Limited of Washer Lane, Halifax, West Yorkshire pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc. Act 1974. The company was fined £30,000 and ordered to pay £8,030.94 in costs.
After the hearing, HSE inspector Andrea Jones said: “Implementing appropriate control measures when handling flammable liquids is essential to prevent the generation of a static charge that can result in explosions and fires.
“The incident could so easily have been avoided by preventing splash filling, introducing appropriate earthing and bonding systems, training and supervision.”
This is valid as of 24th March 2023.
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Company and its director prosecuted for unsafe removal of asbestos
An asbestos removal company has been convicted and its director given a prison sentence after failing to ensure the safe removal of asbestos.
Asbestos Boss Limited, also known as Asbestos Team and its director, Daniel Luke Cockcroft, advertised as a licensed asbestos removal company and removed licensable material from domestic properties throughout Great Britain.
A HSE investigation found that Asbestos Boss Limited had never held a licence and their poor working practices resulted in the large scale spread of asbestos and exposure to homeowners and their families. Little to no precautions were taken by Asbestos Boss Limited and so their own workers, as well as anybody at the premises they were working on, were at serious risk of exposure to asbestos. The company and their director also breached a prohibition notice on several occasions.
Asbestos Boss Limited of Old Gloucester Street, London was found guilty of breaching regulations 8(1) and 11(1)(a) of the Control of Asbestos Regulations 2012. They were also found guilty of one charge relating to the failure to comply with a prohibition notice at two separate addresses which prevented them from working with licensed asbestos materials. The company are awaiting sentence [at time of writing].
Company director Daniel Luke Cockcroft of Darnes Avenue, Halifax, pleaded guilty to breaching Section 37 of the Health and Safety at Work etc. Act 1974 in relation to the company’s failing of regulation 8(1) and 11(1)(a) of the Control of Asbestos Regulations 2012 as well as the charge for breach of a prohibition notice. He was immediately imprisoned for 6 months and ordered to pay victim compensation.
HSE Inspector Matt Greenly said: “Asbestos is a killer. Companies and their directors need to recognise the dangers of removing asbestos by themselves both to their employees and others. Asbestos removal should only be carried out by trained personnel who understand the risks and how to control them.
“Asbestos Boss Limited have deliberately removed a highly dangerous material resulting in a significant risk of exposure to cancer causing asbestos. They not only have put their customers at risk but have also undoubtedly put themselves, their workers, and their families at serious risk.
“By undertaking asbestos removal work himself, Mr Cockcroft has also chanced his own life, and the life of his family by working unsafely with asbestos, despite knowing full well what the risks were.
“This case should serve as a warning to any other companies who think they can make a quick profit by cutting corners and risking lives. I also hope that potential customers will be able to avoid rogue companies like Asbestos Boss by carrying out simple checks to ensure that any company they employ is legitimate and competent to prevent them and their families being put at serious risk.”
Asbestos Boss Limited and Mr Daniel Cockcroft, of Darnes Avenue, Pyenest, Halifax were also prosecuted by Stockport Trading Standards, in a jointly run case with HSE. Daniel Cockcroft and the company were both charged with fraud in relation to falsifying training certificates, a business insurance document and unauthorised use of trade association logos. This gave the impression that the business was credible and that workers were adequately trained and competent in relation to asbestos removal.
Daniel Cockcroft pleaded guilty to fraud and the company was also convicted. Daniel Cockcroft was sentenced to an additional 4 month in prison making a total prison term of 10 months. The company is awaiting sentence at an additional hearing.
Councillor Helen Foster-Grime, Stockport Council’s Cabinet Member for Communities and Housing, said: “Our Trading Standards team, work closely with other agencies and will do our utmost to ensure offenders like this, who carry out work with no regard for the safety of our residents, are brought to justice.
“I am delighted that these criminals have been held to account. The message is very clear – we will not tolerate this in Stockport and will take robust action wherever possible.”
This is valid as of 22nd March 2023.
An asbestos removal company has been convicted and its director given a prison sentence after failing to ensure the safe removal of asbestos.
Asbestos Boss Limited, also known as Asbestos Team and its director, Daniel Luke Cockcroft, advertised as a licensed asbestos removal company and removed licensable material from domestic properties throughout Great Britain.
A HSE investigation found that Asbestos Boss Limited had never held a licence and their poor working practices resulted in the large scale spread of asbestos and exposure to homeowners and their families. Little to no precautions were taken by Asbestos Boss Limited and so their own workers, as well as anybody at the premises they were working on, were at serious risk of exposure to asbestos. The company and their director also breached a prohibition notice on several occasions.
Asbestos Boss Limited of Old Gloucester Street, London was found guilty of breaching regulations 8(1) and 11(1)(a) of the Control of Asbestos Regulations 2012. They were also found guilty of one charge relating to the failure to comply with a prohibition notice at two separate addresses which prevented them from working with licensed asbestos materials. The company are awaiting sentence [at time of writing].
Company director Daniel Luke Cockcroft of Darnes Avenue, Halifax, pleaded guilty to breaching Section 37 of the Health and Safety at Work etc. Act 1974 in relation to the company’s failing of regulation 8(1) and 11(1)(a) of the Control of Asbestos Regulations 2012 as well as the charge for breach of a prohibition notice. He was immediately imprisoned for 6 months and ordered to pay victim compensation.
HSE Inspector Matt Greenly said: “Asbestos is a killer. Companies and their directors need to recognise the dangers of removing asbestos by themselves both to their employees and others. Asbestos removal should only be carried out by trained personnel who understand the risks and how to control them.
“Asbestos Boss Limited have deliberately removed a highly dangerous material resulting in a significant risk of exposure to cancer causing asbestos. They not only have put their customers at risk but have also undoubtedly put themselves, their workers, and their families at serious risk.
“By undertaking asbestos removal work himself, Mr Cockcroft has also chanced his own life, and the life of his family by working unsafely with asbestos, despite knowing full well what the risks were.
“This case should serve as a warning to any other companies who think they can make a quick profit by cutting corners and risking lives. I also hope that potential customers will be able to avoid rogue companies like Asbestos Boss by carrying out simple checks to ensure that any company they employ is legitimate and competent to prevent them and their families being put at serious risk.”
Asbestos Boss Limited and Mr Daniel Cockcroft, of Darnes Avenue, Pyenest, Halifax were also prosecuted by Stockport Trading Standards, in a jointly run case with HSE. Daniel Cockcroft and the company were both charged with fraud in relation to falsifying training certificates, a business insurance document and unauthorised use of trade association logos. This gave the impression that the business was credible and that workers were adequately trained and competent in relation to asbestos removal.
Daniel Cockcroft pleaded guilty to fraud and the company was also convicted. Daniel Cockcroft was sentenced to an additional 4 month in prison making a total prison term of 10 months. The company is awaiting sentence at an additional hearing.
Councillor Helen Foster-Grime, Stockport Council’s Cabinet Member for Communities and Housing, said: “Our Trading Standards team, work closely with other agencies and will do our utmost to ensure offenders like this, who carry out work with no regard for the safety of our residents, are brought to justice.
“I am delighted that these criminals have been held to account. The message is very clear – we will not tolerate this in Stockport and will take robust action wherever possible.”
This is valid as of 22nd March 2023.
HMO licence holder fined £25k following fire safety breaches
A property licence holder has been fined a total of £25,800 after serious safety issues were discovered at a shared house in Northampton.
West Northamptonshire Council executed a warrant at the Lutterworth Road property in May 2022 after concerns were raised over its safety.
During the inspection, the electrical meter was found to have been tampered with, seriously endangering the safety of the four people living there. The council instructed an electrician to attend the property to carry out emergency work to make the property safe.
Along with the unsafe electrics, a number of fire safety breaches were identified, including poorly maintained fire doors and missing smoke alarms.
In December 2022, the council fined Zivile Aksinaviciene of J&KO Property Ltd £25,000 for breaching license conditions for a house in multiple occupation (HMO). She had three months to appeal against the decision, which has now passed.
Anyone engaging in lettings or property management work must also belong to a property redress scheme which gives tenants the opportunity to seek independent help if their landlord or managing agent is ignoring their concerns. Ms Aksinaviciene was not part of such a scheme, so was fined an additional £800.
Following execution of the warrant, the owner took back responsibility for the property and carried out further work to make it safe. The HMO licence has subsequently been surrendered and it has been converted to a single-family house.
The case highlights the importance of not only licensing a HMO property but the requirement to maintain the property to ensure the occupants are not put at risk.
Cllr Adam Brown, WNC’s Cabinet Member for housing, culture and leisure, said: “From some of the images captured at this address, it is clear the licensee had little regard for the safety of their tenants.
“The Housing Team cannot visit every property, but this case demonstrates that we will take action when people contact us with their concerns.”
This is valid as of 20th March 2023.
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Health and safety body calls for improved practices in supporting disabled workers
A leading voice from the world of occupational safety and health has highlighted a call made in the House of Commons recently, for the Government to do more to ensure people with disabilities can work from home as it seeks to tackle labour market shortages.
The call, made by Glasgow South West MP Chris Stephens, has been noted by the Institution of Occupational Safety and Health (IOSH).
Observing a fall in disability employment as more workers have been required to return to offices and factories post-pandemic, Mr Stephens suggested the Government incentivise employers to help workers work from home, a move which would particularly benefit those with disabilities.
According to the International Labour Organization (ILO), people with disabilities make up an estimated one billion, or 15% of the world’s population – about 80% are of working age. The International Social Security Association (ISSA) estimates that for every dollar invested in work reintegration and rehabilitation, employers realise an average return of more than three dollars.
Enhancing workplaces
IOSH believes occupational safety and health professionals help this return on investment, not just by recommending workplace assessments and adjustments to help workers remain safe at work and return to work, but by enhancing workplaces and supporting employers’ efforts to employ, retain and accommodate more people with disabilities.
“Employers are responsible for the health, safety and welfare of all their employees, including those with disabilities, and health and safety can be an enabler that supports disabled workers to work,” said IOSH Head of Policy, Ruth Wilkinson.
“Good work is good for people’s health and wellbeing; that’s work that’s safe, supportive and accommodates people’s needs,” she added.
“There isn’t only one way to achieve this, but IOSH advocates creating human-centred, worker-friendly work environments.
“By supporting and enabling people with long-term health conditions and disabilities to work from home, employers can help them fulfil their potential which has major benefits for the bottom-line, bringing higher productivity and profitability,” said Ruth.
“It is important to talk to your employees. If tailored to workers’ needs and abilities, a supportive, human-centred work environment, whether it be in a shared workspace or at home, will support those with both physical and mental health conditions or disability to give of their best,” she added.
“So, we believe the Government should accommodate and support employees’ needs and incentivise employers to remove barriers to work because, in turn, this will help disabled workers reach their economic and social potential. In the current world of work, organisations cannot be sustainable without protecting the safety, health and wellbeing of the most vital resource they have: their workers.”
This is valid as of 16th March 2023.
A leading voice from the world of occupational safety and health has highlighted a call made in the House of Commons recently, for the Government to do more to ensure people with disabilities can work from home as it seeks to tackle labour market shortages.
The call, made by Glasgow South West MP Chris Stephens, has been noted by the Institution of Occupational Safety and Health (IOSH). Observing a fall in disability employment as more workers have been required to return to offices and factories post-pandemic, Mr Stephens suggested the Government incentivise employers to help workers work from home, a move which would particularly benefit those with disabilities. According to the International Labour Organization (ILO), people with disabilities make up an estimated one billion, or 15% of the world’s population – about 80% are of working age. The International Social Security Association (ISSA) estimates that for every dollar invested in work reintegration and rehabilitation, employers realise an average return of more than three dollars.
Enhancing workplaces
IOSH believes occupational safety and health professionals help this return on investment, not just by recommending workplace assessments and adjustments to help workers remain safe at work and return to work, but by enhancing workplaces and supporting employers’ efforts to employ, retain and accommodate more people with disabilities. “Employers are responsible for the health, safety and welfare of all their employees, including those with disabilities, and health and safety can be an enabler that supports disabled workers to work,” said IOSH Head of Policy, Ruth Wilkinson. “Good work is good for people’s health and wellbeing; that’s work that’s safe, supportive and accommodates people’s needs,” she added. “There isn’t only one way to achieve this, but IOSH advocates creating human-centred, worker-friendly work environments. “By supporting and enabling people with long-term health conditions and disabilities to work from home, employers can help them fulfil their potential which has major benefits for the bottom-line, bringing higher productivity and profitability,” said Ruth. “It is important to talk to your employees. If tailored to workers’ needs and abilities, a supportive, human-centred work environment, whether it be in a shared workspace or at home, will support those with both physical and mental health conditions or disability to give of their best,” she added. “So, we believe the Government should accommodate and support employees’ needs and incentivise employers to remove barriers to work because, in turn, this will help disabled workers reach their economic and social potential. In the current world of work, organisations cannot be sustainable without protecting the safety, health and wellbeing of the most vital resource they have: their workers."
This is valid as of 16th March 2023.
Manufacturing company fined after worker loses parts of fingers
A manufacturing company has been fined after an employee lost parts of two fingers when his hand got caught in a machine producing face masks.
The 55-year-old machine operator was working a night shift for Alpha Solway Limited at the company’s Yew Tree Way site in Warrington, on 22 April 2021.
After spotting a problem with one of the firm’s HX machines, the man attempted to adjust the machine. He had noticed the material heading into the HX machine was folding itself and needed to be flat.
The worker then opened the doors, which were already slightly opened, to the HX machine while it was still running and began adjusting the material.
This led to the man’s right hand being caught by the HX machine resulting in most of his little finger and ring finger being ripped off. The man was later hospitalised for three days with his injuries now affecting his everyday life, causing debilitating pain and preventing him from doing manual work.
Investigating, the HSE found:
• Alpha Solway Limited had failed to provide suitable guarding around its HX machines.
• The company had also failed to undertake and prepare a risk assessment before the HX machines were used.
• Employees had not been properly trained on how to safely use the HX machines nor were they appropriately supervised and monitored while using the machines with its guards open.
Alpha Solway Limited, of Hangcliff Lane, Lerwick, Shetland, Scotland, pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £66,000 and ordered to pay £5,440.70 in costs.
HSE inspector Roger Clarke said: “This injury was easily preventable and the risk should have been identified. Employers should make sure they properly assess risk and apply effective control measures to minimise the risk from dangerous parts of machinery.”
This is valid as of 15th March 2023.
A manufacturing company has been fined after an employee lost parts of two fingers when his hand got caught in a machine producing face masks.
The 55-year-old machine operator was working a night shift for Alpha Solway Limited at the company’s Yew Tree Way site in Warrington, on 22 April 2021. After spotting a problem with one of the firm’s HX machines, the man attempted to adjust the machine. He had noticed the material heading into the HX machine was folding itself and needed to be flat. The worker then opened the doors, which were already slightly opened, to the HX machine while it was still running and began adjusting the material. This led to the man’s right hand being caught by the HX machine resulting in most of his little finger and ring finger being ripped off. The man was later hospitalised for three days with his injuries now affecting his everyday life, causing debilitating pain and preventing him from doing manual work. Investigating, the HSE found: • Alpha Solway Limited had failed to provide suitable guarding around its HX machines. • The company had also failed to undertake and prepare a risk assessment before the HX machines were used. • Employees had not been properly trained on how to safely use the HX machines nor were they appropriately supervised and monitored while using the machines with its guards open. Alpha Solway Limited, of Hangcliff Lane, Lerwick, Shetland, Scotland, pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £66,000 and ordered to pay £5,440.70 in costs. HSE inspector Roger Clarke said: “This injury was easily preventable and the risk should have been identified. Employers should make sure they properly assess risk and apply effective control measures to minimise the risk from dangerous parts of machinery.”
This is valid as of 15th March 2023.
Company fined after worker scaffolding ladder fall
Sellafield Ltd has been fined £400,000 after admitting a health and safety breach that resulted in a worker sustaining serious back injuries when he fell from a scaffolding ladder at the nuclear site.
The company attended Carlisle Magistrates Court this afternoon following a prosecution prepared by the Office for Nuclear Regulation (ONR).
An employee of Sellafield Ltd, was carrying out repair work in a low active cell, or chamber, at the Magnox Reprocessing Facility at the Cumbrian site when the accident happened.
The maintenance fitter had been tasked with fixing a leaking pipeline within the reprocessing facility that used to receive and process thousands of tonnes of spent or used nuclear fuel from power stations in the UK and abroad.
On 12 October 2021, the fitter and his colleague entered the chamber to carry out repair work, which was slippery due to the leaking acid. The workers had to climb through pipework and up a scaffolding ladder to reach the leaking pipe, while carrying heavy equipment in challenging working conditions.
While attempting to leave the cell and climb down the scaffolding ladder, one of the workers suffered a fall of approximately ten feet which left him badly injured and was taken to hospital.
He sustained fractures to his vertebrae, with injuries that have been described as life-changing with his mobility still significantly affected and him not yet having returned to work.
Sellafield Ltd pleaded guilty to an offence under Section 2 (1) of the Health and Safety at Work etc Act 1974 for failing to ensure the health and safety of its employees, in relation to the risks arising whilst undertaking maintenance and repair work.
District Judge John Temperley ruled they must pay a fine of £400,000 and prosecution costs of £29,210.64.
Paul Dicks, ONR’s Director of Regulation – Sellafield, Decommissioning Fuel and Waste, said: “We welcome [this] outcome which recognises that Sellafield Ltd fell short in its duty to protect a worker.
“This accident was entirely avoidable. Nobody should go to work and not come home in a fit and healthy state. A thorough investigation by the Office for Nuclear Regulation identified multiple and significant failings by Sellafield Ltd during a prolonged period.
“There was a failure to adequately plan, organise and deliver this task to repair a leaking pipe. The risks were not adequately controlled and there were failures in the risk assessment.
“We concluded that there were several missed opportunities that could have prevented this accident occurring.”
ONR’s investigation revealed a series of significant failings to provide a safe system of work:
• It was found how the proposed repair method was repeatedly changed and the potential risks to workers were not suitably considered.
• There was a failure to properly consider how workers could carry a 20kg hydraulic clamp up and down a scaffolding while wearing the additional and bulky clothing needed to enter the chamber.
Mr Dicks added: “Sellafield Ltd co-operated fully with the Office for Nuclear Regulation during this investigation and we welcome their prompt guilty plea. The safety of workers at nuclear facilities remains paramount, and as an independent regulator, we want to see continuing improvements in conventional health and safety on the site.
“Through our inspectors’ regular scrutiny, we will continue to hold the UK nuclear industry to account in order to protect workers and the public.”
As part of the judge’s determination, he ruled the health and safety breach represented a medium (upper end) culpability and a category 3 level of harm, with Sellafield Ltd classed as a ‘very large organisation’.
This is valid as of 14th March 2023.
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Waste company and director sentenced after death of employee
A waste company has been fined £640,000 and its director has received a suspended prison sentence following the death of an employee who was struck by a reversing vehicle.
Yamal Ameggaron Mohamed, 39, was killed at FDS Waste Services in Poole on 13 December 2018 when he was hit by a shovel loader while sorting recycling materials in the yard.
FDS Waste was convicted of corporate manslaughter on 22 December 2022 following a three-week trial at Winchester Crown Court.
Director Philip Pidgley, 58, and the company were also found guilty of failing to discharge their duty to ensure the safety of Mr. Mohamed at work.
The waste firm was further convicted of failing to ensure the safety of a second worker who was injured after he became trapped in a large mechanical conveyor while investigating a blockage in June 2020. Pidgley was acquitted of that charge by the jury.
Following a joint investigation by Dorset Police and the HSE, the prosecution was able to prove the company had failed to put in place sufficient working practices to safeguard its employees.
There was no physical segregation between vehicles and pedestrians of any type and no safe system excluding pedestrians from areas where vehicles were operating, and vice versa.
The management of the site was described as “lax and complacent” and had led to unsafe working practices at the company’s base.
Pidgley was sentenced to six months’ imprisonment, suspended for 12 months, at Winchester Crown Court while FDS Waste Services was fined a total of £640,000 and ordered to pay £60,000 in costs.
Rosemary Ainslie, head of Special Crime at the CPS, said: “Our thoughts remain with the family and friends of Mr. Mohamed following this avoidable tragedy. Companies have a duty of care to their employees and FDS Waste Services fell well short of the standards expected. A man lost his life because safe working practices were not implemented, and risks were not assessed or managed properly.
“Companies and directors need to understand their duties to take health and safety seriously, and it is only right that those responsible for tragic deaths such as this are held to account.”
Berenice Ray, HSE inspector, said: “Both of these incidents, including the tragic death of an employee, could have been avoided had well-established measures been taken to ensure workers’ health and safety. Those in control of work must ensure that their workplace is organised in such a way that pedestrians and vehicles can circulate in a safe manner.
“They must also ensure that the power source of relevant machinery is isolated and physically ‘locked off’ whenever the guards are removed or access within the machinery is necessary. Those in control of work have a duty to assess the risks, devise safe methods of working and provide the necessary information, instruction, and training to their workforce. They must also adequately supervise work activities to check the effectiveness of the training provided and ensure safe systems of work are followed.”
This is valid as of 7th March 2023.
A waste company has been fined £640,000 and its director has received a suspended prison sentence following the death of an employee who was struck by a reversing vehicle.
Yamal Ameggaron Mohamed, 39, was killed at FDS Waste Services in Poole on 13 December 2018 when he was hit by a shovel loader while sorting recycling materials in the yard. FDS Waste was convicted of corporate manslaughter on 22 December 2022 following a three-week trial at Winchester Crown Court. Director Philip Pidgley, 58, and the company were also found guilty of failing to discharge their duty to ensure the safety of Mr. Mohamed at work. The waste firm was further convicted of failing to ensure the safety of a second worker who was injured after he became trapped in a large mechanical conveyor while investigating a blockage in June 2020. Pidgley was acquitted of that charge by the jury. Following a joint investigation by Dorset Police and the HSE, the prosecution was able to prove the company had failed to put in place sufficient working practices to safeguard its employees. There was no physical segregation between vehicles and pedestrians of any type and no safe system excluding pedestrians from areas where vehicles were operating, and vice versa. The management of the site was described as “lax and complacent” and had led to unsafe working practices at the company’s base. Pidgley was sentenced to six months' imprisonment, suspended for 12 months, at Winchester Crown Court while FDS Waste Services was fined a total of £640,000 and ordered to pay £60,000 in costs. Rosemary Ainslie, head of Special Crime at the CPS, said: “Our thoughts remain with the family and friends of Mr. Mohamed following this avoidable tragedy. Companies have a duty of care to their employees and FDS Waste Services fell well short of the standards expected. A man lost his life because safe working practices were not implemented, and risks were not assessed or managed properly. “Companies and directors need to understand their duties to take health and safety seriously, and it is only right that those responsible for tragic deaths such as this are held to account.” Berenice Ray, HSE inspector, said: “Both of these incidents, including the tragic death of an employee, could have been avoided had well-established measures been taken to ensure workers’ health and safety. Those in control of work must ensure that their workplace is organised in such a way that pedestrians and vehicles can circulate in a safe manner. “They must also ensure that the power source of relevant machinery is isolated and physically ‘locked off’ whenever the guards are removed or access within the machinery is necessary. Those in control of work have a duty to assess the risks, devise safe methods of working and provide the necessary information, instruction, and training to their workforce. They must also adequately supervise work activities to check the effectiveness of the training provided and ensure safe systems of work are followed.”
This is valid as of 7th March 2023.
Company and director fined after HSE inspectors find unusable welfare facilities
A construction company and its director have been fined after they failed to provide suitable welfare facilities at a construction site in Belsize Park, North London.
East Sussex firm ID8 Design and Build Ltd was in charge of the site on Carlingford Road where the company was carrying out a full refurbishment of a two-storey flat into a converted house, including the erection of front and rear dormers.
A HSE inspection of the site on 29 November 2021 found the welfare facilities did not comply with the minimum requirements as set out in Schedule 2 of the Construction (Design and Management) Regulations 2015; the toilet provided was not flushable and was in a room without a door or window coverings. There was no sink, no hot water, no soap and no towels – cold water only was available from a pipe in the room next to the toilet. No rest area had been set up by the company either.
ID8 Design and Build Ltd was then issued with an Improvement Notice by HSE requiring the firm to ensure suitable welfare facilities were available at the site.
However, a second inspection by the HSE on 5 January 2022 found no sufficient improvements had been made as required by the Improvement Notice issued.
At Westminster Magistrates’ Court on 15 February 2023:
• Having pleaded guilty on 18 January 2023 to breaching Section 33(1)(g) of the Health and Safety at Work etc Act 1974, ID8 Design and Build Ltd, of Blatchington Road, Hove, East Sussex, was fined £1,334 and ordered to pay costs of £1,748.
• Having pleaded guilty on 18 January 2023 to breaching Section 33(1)(g) of the Health and Safety at Work etc Act 1974 by virtue of Section 37(1) of the Act, ID8 Design and Build Ltd director Adeel Bhatti, of Blatchington Road, Hove, East Sussex, was fined £416 and ordered to pay costs of £1,622.07.
HSE inspector Emma Bitz said: “Providing suitable and sufficient toilets is an absolute duty and there is no exception to them being provided or made available. The reality is that many of the smaller sites we inspect don’t have basic facilities at all.
“Inspectors will not hesitate to take appropriate enforcement action against employers who fail to comply with an Improvement Notice. Welfare is a fundamental and basic necessity for workers. It is also required by law.”
This is valid as of 3rd March 2023.
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Barbour Podcast Episode 02 🎤 The New Fire Safety Regulations, Fire Doors and ‘Best Endeavours | Listen Here
🎤 EPISODE 02 | The New Fire Safety Regulations, Fire Doors and ‘Best Endeavours’
The Fire Safety (England) Regulations 2022 came into force on 23rd January this year. These included changes in relation to fire doors, as well as changes to the responsibilities of responsible persons and property owners, including:
• The need to undertake checks of all fire doors on a quarterly basis
• The requirement to ‘best endeavours’ to undertake yearly checks of all flat entrance doors, including self-closing devices, that lead into common areas of the building
But what does ‘best endeavours’ mean? Is it on par with “reasonable practicability” or does it mean something more?
In this episode, our speakers will provide you with:
• An overview of the recently introduced Regulations concerning fire doors and what they are
• What you need to be doing
• And a high-level review of the legal concept of ‘best endeavours’ to help you understand how far your responsibilities may extend under the new legislation.
Our speakers for this episode:
• Paul Coster, Fire Safety Consultancy Director at William Martin Compliance
What you’ll get: