HSE | A 75-year-old man said he feared for his life after being attacked by cows while walking his dog on a public footpath in Cornwall.

Brian Gregory, aged 75, was on a caravanning holiday at Porthcothan in June 2024. On 30 June 2024, Mr Gregory and his labrador, Molly, were walking along the South West Coast Path at Park Head when he was suddenly attacked by a herd of cattle with calves.

He let go of Molly’s lead and the cattle chased after his dog away from him, but not in time to prevent him being trampled and butted. Mr Gregory was assisted by passing walkers and made it back to his caravan with Molly. When his partner saw his injuries, she immediately called an ambulance and he spent five days in hospital.

He suffered multiple serious injuries including a severed artery, horn marks and gashes down to the bone, and required surgery.

The farmer responsible for the cattle, Beverley Chapman of Tembleath Farm, St Columb Major, was told about the cattle attack on the same day. However, rather than removing the cattle and calves from the South West Coast Path, she added more cattle and calves to the herd to increase its size. Some of the calves were as young as 42 days old.

A month later, two local residents were walking their dogs along the South West Coast Path in the same area of Park Head when they were also attacked by the same herd of cattle and calves. They only escaped serious injury by sheltering in an area of gorse bushes by the cliff edge, but one of their dogs was seriously injured and required surgery.

Beverley Chapman was informed about the incident however only removed the cattle from the South West Coast Path four days later, when instructed to do so by a Cornwall Council public rights of way officer.

The HSE investigation found that cattle with young calves, which are known to be protective and unpredictable, were being kept in a field with a public right of way across it. This can pose a significant risk to walkers, particularly those with dogs. Mrs Chapman had other enclosed fields available which did not contain public rights of way and could have been used to house the cattle and calves.

Beverley Chapman of Tembleath Farm, St Columb Major, Cornwall, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974. She was fined £5,260 and ordered to pay prosecution costs of £4,650 and a court surcharge of £2,000.

After the hearing HSE inspector, Simon Jones, said: “Cattle are extremely protective of their calves and even calm cattle can become aggressive if they think their calves may be threatened.

“Given the nature of the cattle attack, it is fortunate that the injuries sustained by Mr Gregory weren’t fatal. On this occasion, Mr Gregory took all the right precautions while out walking.

“Despite being made aware of attacks on walkers on two separate occasions, Mrs Chapman failed to take action to remove the cattle or control risks by separating them from walkers on the South West Coast Path. It was only when officially instructed by a public rights of way officer from the local council that she took action.”

The prosecution was brought by HSE enforcement lawyer, Rebecca Schwartz and Paralegal, Gabrielle O’Sullivan.

HSE | An unregistered gas installer and his father have been sentenced after carrying out illegal gas work at two houses in Cheshire.

An investigation by the HSE found that Scott Lodge, 37, carried out new boiler installations at two addresses in Northwich in April 2022 and December 2022 – doing so while not being registered with Gas Safe Register.

Carrying out gas work without registration is illegal and potentially dangerous, as unqualified work can lead to gas leaks, fires, explosions, and carbon monoxide poisoning.

On one of those occasions, his father Brian, 67, who is a registered gas engineer, signed off the work and commissioned the boiler on his son’s behalf. He did this without attending the property to check the boiler for safety.

When one of the homeowners complained to the Gas Safe Register an inspection was carried out by a qualified engineer. That inspection identified defects resulting in the boiler being classed as at risk and a danger. This included a lack of support for the chimney and flue system, which carried the risk of carbon monoxide poisoning.

Scott Lodge, of Adlington Drive, Northwich, pleaded guilty to breaching Regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998. He was given a 12-month community order and complete 200 hours of unpaid work. He was also told to pay £2,500 in costs, and £1,460 to one of the affected homeowners, which covered the cost of the work.

Brian Lodge, of Merriman Avenue, Knutsford, pleaded guilty to breaching section 3(2) of the Health and Safety at Work etc. Act 1974. He was given the same sentence as his son and ordered to pay the same in costs at the same hearing.

Following the hearing HSE Inspector, Ian Betley, said: “This was a deliberate breach of gas safety legislation by Scott Lodge who undertook gas work which he knew he was not registered to do.

“His failures could have led to catastrophic and tragic consequences for the homeowners. To make matters worse, Brian Lodge knowingly signed off the work as safe, despite not examining or testing it.

“All gas work must be undertaken by Gas Safe registered engineers. The public should always ask to see the gas engineer’s identification and check the registration number online to ensure it is valid. Furthermore, registered gas engineers must not circumvent the legislative requirements by signing off unregistered work as their own.”

This prosecution was brought by HSE enforcement lawyers, Sam Crockett and Karen Park, and paralegal officer, Stephen Grabe.

HSE | A Cheshire property developer has been fined £45,000 after the HSE found multiple failures at a construction site in Manchester.

Numerous health and safety failings were found during a site inspection at a home build project being undertaken by Stockport Development Limited on Kingsley Road, Manchester, in November 2023. The HSE’s investigation found missing edge protection on first floor landings, missing and damaged security fencing, a lack of fire alarms and extinguishers, heavily obstructed walkways, and inadequate welfare provision for workers.

This resulted in four Improvement Notices being served, requiring the company to take action to comply with the law and protect its workers and members of the public.

When it was established that there had been four previous visits to the company’s construction sites between February 2021 and March 2023, all of which resulting in enforcement action being taken in relation to poor health and safety standards, an investigation was launched by the HSE.

This established that the company had repeatedly failed to fulfil its principal contractor duties and had failed to take heed of previous warnings and advice given by HSE inspectors.

Stockport Development Limited, of Bird Hall Lane, Stockport, Cheshire, pleaded guilty to a breach of regulation 13(1) of the Construction (Design and Management) Regulations 2015. The company was ordered to pay a fine of £45,000 plus a surcharge of £18,000 and costs of £6,297.

HSE Inspector, Claire Whitehurst, said: “This company showed a total disregard for keeping its workers and members of the public safe by failing to meet the most basic health and safety standards.

“Principal contractors have a responsibility to ensure they identify and manage risks involved in construction work, and to put safe systems in place to protect all who may be affected by their undertaking.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action, including prosecution, against those that fall below the required standards, even where no incident has occurred.”

The HSE prosecution was brought by HSE enforcement lawyer Gemma Zakrzewski and supported by HSE paralegal officer Benjamin Stobbart.

HSE | A large wood manufacturer in Shropshire has been fined £160,000 after an employee sustained life-changing injuries when working at their Ellesmere premises.

Robert Stubbs, 37, sustained life-changing injuries when clearing a jammed log on a machine in May 2021. Mr Stubbs climbed onto a stationary conveyor bed and used a metal pole to move a log. The conveyor started to move unexpectedly, dragging his legs across the moving chains and trapping them against a stop plate. Subsequently Mr Stubbs had his right leg amputated below the knee and sustained significant injuries to his left leg. 

The HSE found that E.T.C. Sawmills Limited failed to: 

  • Adequately assess the risks and devise and implement effective measures to prevent access to the dangerous moving parts of the Quad Saw machine or to stop the movement of the dangerous parts before people entered the danger zones.
  • Provide employees with safe systems of work or suitable and sufficient information, instruction, training and supervision to enable safe operation of the machine. 

E.T.C. Sawmills Limited, 281 Penarth Road, Cardiff, CF11 8YF, pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc. Act 1974 and was fined £160,000 with costs of £7,395.51. 

HSE Inspector Keeley Eves said: “E.T.C Sawmills is one of the largest manufacturers of softwoods for the fencing and pallet industries in England. 

“The life-changing injuries sustained by Mr Stubbs could easily have been prevented if the company had acted to identify and manage the risks involved, put a safe system of work in place and ensured that employees were appropriately trained and supervised.” 

This HSE prosecution was brought by HSE senior enforcement lawyer, Nathan Cook and paralegal, Sarah Thomas. 

HSE | A construction company has been fined £100,000 after a steel-fixer was seriously injured when a newly built blockwork wall collapsed at a site in Poole.

Matrod Frampton Limited pleaded guilty after the incident left 69-year-old Patrick Grant with life-changing injuries.

The breeze block wall had been back-filled too early, before the mortar had properly set. The wall collapsed while Mr Grant was working nearby, crushing him against the concrete floor of the excavation.

The incident happened on 19 August 2022 at the company’s site on Old Coast Guard’s Road, Poole. Mr Grant and two colleagues had started work at the lower level of the excavation when the wall at the north end gave way at around 8.30am.

Emergency services attended the scene, but there was no emergency rescue plan in place. The use of an unstable ladder to access the deep excavation delayed rescue efforts, and Mr Grant had to be hoisted out by the fire and rescue service before being airlifted to hospital.

The HSE’s investigation found that Matrod Frampton Limited had failed to properly assess a foreseeable risk associated with temporary works on site.

The investigation identified that there was no temporary works design for the blockwork wall, nor for any other temporary work structures at the site. The company had failed to appoint either a temporary works coordinator or a temporary works supervisor, despite this being highlighted as a serious concern in a safety report issued eight days before the incident.

Without a temporary works procedure in place, groundworkers backfilled the wall prematurely, leading directly to its collapse.

Matrod Frampton Limited, of Riverside Park, Wimborne, Dorset, pleaded guilty to breaching Regulations 13(1) and 19(1) of the Construction (Design and Management) Regulations 2015. The company was fined £100,000 and ordered to pay £8,242 in costs and a £2,000 victim surcharge.

After the hearing HSE inspector, Alexander Ashen, said: “The correct design and execution of temporary works is an essential element of risk prevention in construction.

“This incident illustrates what can happen when temporary works are not properly organised. Matrod Frampton Limited is an established construction company, and a temporary works procedure should have been implemented as a matter of course.

“The fact that the company’s own health and safety consultants raised this issue eight days before the incident makes this wholly avoidable event all the more tragic.

“HSE will not hesitate to take action against companies that fail to properly plan and manage serious risks on construction sites.”

This HSE prosecution was brought by HSE enforcement lawyers, Iain Jordan and Rowena Goodwin, and paralegal Officer, Hannah Snelling.

HSE | A Derby-based arboriculture company has been fined £20,000 after an employee suffered life-altering back injuries when he fell over 30 feet from a MEWP basket.

The employee of AP Tree Specialists Ltd had been carrying out tree surgery from the basket of a mobile elevating work platform (MEWP) at a mobile site in Derby on 25 January 2024. When the machine stopped working while elevated, there was no one on site who could bring the basket safely to the ground. The employee attempted to abseil from the basket, resulting in a fall to the ground.

The HSE found that AP Tree Specialists Ltd failed to plan, appropriately supervise and carry out work at height in a safe manner. The company had not completed a suitable and sufficient risk assessment for work at height activities, and employees were not appropriately trained in the use of lifting equipment.

The director, Matthew Scholes, was acting as site supervisor at the time and was directly involved in decisions and actions that led to the injuries sustained by the employee.

AP Tree Specialists Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £20,000 and ordered to pay £6,956 in costs.

Director Matthew Scholes pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc. Act 1974. He was fined £1,000 and ordered to pay £400 in costs.

HSE investigating inspector, Kerry Scott, said: “This incident could have been avoided if AP Tree Specialists Ltd had planned the work at height with suitable and sufficient risk assessments and safe systems of work, including a rescue plan. They should have provided the employee with the correct information, instruction and training for working at height and for using the lifting equipment. HSE will not fail to take action where companies and directors do not ensure the health and safety of their employees.”

This HSE prosecution was brought by HSE enforcement lawyer Arfaq Nabi and supported by paralegal officer Thomas Smith.

HSE | A construction company in Hampshire has been fined £80,000 after a man fell more than 15 feet through a fragile skylight during roof repair work.

The 29-year-old sub-contractor sustained multiple fractures as a result of his fall at The Tanneries Industrial Estate in January 2024. As a result, he was unable to work for months and has not regained full use of one leg.

J Smith Construction Services Limited had started the roof repairs at the site in Titchfield in December 2023, but the work had been progressing slowly. In an attempt to speed up the project, the company planned to work over the weekend of 13-14 January 2024 and took on extra workers to help, including the sub-contractor.

The company did not arrange for scaffolding to be erected at the open edges of the roof, nor make adequate arrangements to prevent or mitigate falls through fragile areas of the roof. As there was nothing to prevent or reduce his fall through the skylight, the man fell from the height of the roof to the solid floor below.

Despite this serious incident, J Smith Construction Services and the remaining sub-contractors returned to complete the work the following day, with no additional safety measures in place.

Investigating, the HSE found that the company had failed to take appropriate precautions to ensure the safety of the workers on the roof.

J Smith Construction Services Limited of Southampton, pleaded guilty to breaching the Work at Height Regulations 2005, Regulation 6(3). The company was fined £80,000 and ordered to pay costs of £2,630.

Company director, Mr Joseph Smith, who had been present throughout the works, pleaded guilty to Health and Safety at Work etc. Act 1974, s.37(1). At the same court hearing, he was given a three-month prison sentence, suspended for 12 months, and ordered to pay costs of £2,630.

After the hearing, a HSE spokesperson said: “These sentences should send a clear message to employers that HSE and the courts take a failure to comply with health and safety legislation extremely seriously.

“Too many workers are injured or killed every year as a result of falls from height during construction work. These incidents can be prevented if reasonably practicable measures such as scaffolding or netting are put in place to protect workers.”

This HSE prosecution was brought by HSE enforcement lawyer Karen Park and paralegal Helen Hugo.

HSE | A Newbury manufacturing company has been fined £187,600 after the shirt of an apprentice got caught in machinery.

Harry Pullen, who was 18 years old at the time, was pulled into a radial-arm drill resulting in three broken ribs and needing skin grafts. He had been working as a machinist for Power and Energy International, manufacturing industrial valves and filters, for less than a year when the incident occurred on 10 July 2023.

The apprentice was still learning how to operate the different machines involved in manufacturing. He was left with a large piece of skin removed from his chest, hospitalised for five days and unable to work for six months.

The HSE’s investigation found that Power and Energy International had failed to take appropriate measures to ensure the safety of their employees. The company’s radial-arm drills did not have adequate guarding. Machine operators, including Harry, had not been properly trained on using the safety features. The company was also found to have made modifications to the radial-arm drill.

Power and Energy International Ltd of Stanley Street, Salford, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £187,600 and ordered to pay £7,464 in costs.

After the hearing HSE inspector, Peter Crees, said: “The fine imposed on Power and Energy International underlines the importance of having effective controls to protect workers who operate radial-arm drills and other potentially dangerous machines.

“Harry’s injuries and the suffering it caused both him, and his family, could have easily been avoided.”

Harry now has to live with permanent scarring and a loss of feeling on the side of his chest. He said: “I would not go back on a radial arm drill… it’s not something I ever want to do again.”

This HSE prosecution was brought by HSE enforcement lawyer Iain Jordan and paralegal officer Melissa Wardle.

Bath and North East Somerset Council | Bath and North East Somerset Council has successfully prosecuted two companies for carrying out unauthorised works to a Grade I listed building in Bath, which affected its character as a building of special architectural or historic interest.

Knight Frank LLP and Emery Brothers Ltd were fined £120,000 and £70,000 respectively, plus costs, following sentencing at Yeovil Magistrates’ Court, after being found guilty of offences under Sections 7 and 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

The charges related to unauthorised alterations carried out between 1 June 2022 and 4 February 2023 to Number 4 Wood Street, Bath, part of a Grade I listed terrace constructed between 1729 and 1734 by renowned architect John Wood the Elder and now comprising offices and shops.

In July 2022, Knight Frank LLP, a leaseholder of 4 Wood Street, proposed replacing the timber floor joists and stone wall tops citing safety concerns, but were advised by the council’s Conservation Officer that any works affecting historic fabric required listed building consent.

Despite this advice, Knight Frank LLP instructed Emery Brothers Ltd to remove and replace the historic floor structure with modern materials, which was discovered on a site visit by the council in February 2023.

Knight Frank LLP and Emery Brothers Ltd admitted their involvement in the works, initially citing urgent safety concerns as justification. After the council instructed expert evidence on this matter, the defendants changed their defence to claim the works did not require consent as they did not affect 4 Wood Street’s character as a building of special architectural or historic interest.

Having heard evidence over two days, including evidence from two expert witnesses for the council, one of whom was a Conservation Officer, District Judge Brereton was satisfied beyond reasonable doubt that the works did affect the character of 4 Wood Street and required listed building consent. Based on this evidence, the Judge found both defendants guilty of an offence under Section 7 and 9 of The Planning (Listed Buildings and Conservation Areas) Act 1990.

District Judge Brereton found Knight Frank’s culpability to be reckless and they were fined £120,000.

With regard to Emery Brothers the District Judge found their culpability to be negligent, and they were fined £70,000.

In addition to the fines of £120,000 for Knight Frank and £70,000 for Emery Brothers, both companies were ordered to pay £2,000 in court surcharges and the council’s full costs, split as £40,000 for Knight Frank and £20,000 for Emery Brothers.

Natural England | A caravan park owner has been ordered to pay £116,263 after being convicted of disturbing a Site of Special Scientific Interest (SSSI), which serves as an internationally important breeding ground for wading birds and waterfowl.

John Holland, 59, of Tapmoor Road, Moorlinch, appeared before Taunton Crown Court for sentencing after pleading guilty to two offences under the Wildlife and Countryside Act 1981 at earlier hearings.

The prosecution was brought by Natural England following a four-year investigation into Holland’s activities, which evidenced he had turned the 1.2-hectare grassland site at Long Load within the Wet Moor SSSI into a permanent commercial caravan park. He crammed over 90 caravans and 40 vehicles into two fields and laid 300 metres of tarmac roads, as well as dumping household and commercial waste on the site.

Holland and his family had unsuccessfully applied five times between 2011 and 2018 for planning consent to develop the site into a permanent caravan park, and these refusals were subsequently upheld by the Planning Inspectorate.

The court heard how the SSSI, which also falls within a Special Protection Area and Ramsar site, was designated in 1985 and forms part of the extensive marsh grasslands and ditch systems which make up the Somerset Levels and Moors, a highly protected landscape renowned for supporting unique biodiversity.

The site provides nationally important breeding habitat for threatened populations of wading birds such as curlew and black-tailed godwit and supports internationally important populations of red-listed bird species including the endangered Bewick’s swan, lapwing, and pochard, as well as being home to over 3% of the global population of Eurasian teal.

Natural England concluded the works carried out by Holland had resulted in habitat loss, displacement and long-term disturbance to these bird species, and charged Holland with two offences in March 2023.

After pleading guilty, Holland, who was also convicted in September 2023 of physically threatening and abusing Natural England officers who visited the site to investigate the initial allegations in 2021, claimed to be bankrupt.

Natural England commenced proceedings under the Proceeds of Crime Act 2002 and instructed financial investigators, who found Holland had accrued over £1 million in unexplained cash and assets, which were successfully evidenced to have arisen from his unlawful operation of the caravan park.

The court held Holland’s offending demonstrated a criminal lifestyle and certified he had accrued £1 million of illicit financial gain from his actions. He was ordered to pay Natural England £116,263 within three months. The court noted that the amount it could order Holland to pay was limited in the context of the total illicit benefit accrued owing to his active bankruptcy proceedings.

The court also granted Natural England an order requiring Holland to restore the site to its former condition as semi-natural grassland by 23 January 2026, removing all caravans and associated infrastructure and creating and maintaining habitat for breeding and wintering birds. If he fails to comply, he faces a further unlimited fine plus an additional £100 fine for each day the order is not complied with.

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