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.

— Accurate at time of publication | March 2025

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.

— Accurate at time of publication | March 2025

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.

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

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.

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.

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

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.

— Accurate at time of publication | March 2025

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.

— Accurate at time of publication | March 2025

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.

— Accurate at time of publication | March 2025

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.

— Accurate at time of publication | March 2025

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.

— Accurate at time of publication | March 2025

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.

— Accurate at time of publication | March 2025

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 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.

— Accurate at time of publication | March 2025

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.

— Accurate at time of publication | March 2025