HSE | A care home company has been fined over £1.8 million after a resident choked on a piece of food while consuming her evening meal alone in her room.

Elizabeth Campbell (known as Peggy) was a 96-year-old resident of Cradlehall Care Home in Inverness. She was on a specialist diet of soft, moist, and bite-sized food and her care plan stated that she should be closely supervised when eating and drinking.

The Court heard that on 11 June 2022, the unit where Peggy resided was staffed by two agency carers who were responsible for twelve residents. At about 5.45pm, Peggy was served a meal of macaroni and chips while sitting up in bed.

One of the carers left to get a drink to accompany her meal but was then forced to deal with urgent issues with two other residents which required her to call for assistance from another unit. As a result of this disruption the resident was left on her own for up to 20 minutes by the time the carer returned to her room with the drink.

The carer raised the alarm, and other staff came to assist. A paramedic arrived shortly afterwards and the woman was pronounced dead.

An investigation by the HSE concluded that Peggy’s death was caused by the fact the company had failed to ensure that all those working in the home had access to and were familiar with the care plans of its residents and that crucially Peggy had been left unsupervised while eating.

Following the investigation, HSE took action against the company, with improvements later being made to ensure there was a “skills mix” during shifts, ensuring any agency staff were always assisted by regular employees, who were more aware of the needs of the home’s residents.

HC-One Limited, who run the care home, pleaded guilty to failings under the Health and Safety at Work etc. Act 1974. The company was fined £1.8 million at Inverness Sheriff Court.

HSE | A construction company has been fined after a worker fell from the roof of a partially constructed barn in Shropshire.

The man had been appointed by Dewi Williams Limited to complete the installation of roof sheets onto a barn that was under construction at a site in Oswestry.

On 2 September 2023, he was stood on a roof sheet that he had recently installed, attempting to put the next one in place, when he fell to the ground below. His fall resulted in significant injuries, including fractures to his ribs and skull.

The HSE’s investigation found that Dewi Williams Limited failed to properly plan the work and to put in place measures to prevent or protect against a fall from height. Furthermore, company director Dewi Williams was directly involved in the work and had allowed it to be carried out in an unsafe manner.

Dewi Williams Limited of the Lowlands, Crickheathe, Oswestry, Shropshire, pleaded guilty to breaches of Regulations 4(1) and 6(3) of the Work at Height Regulations 2005 and was fined £15,000 and ordered to pay costs of £2,000.

Dewi Williams of the Lowlands, Crickheathe, Oswestry, Shropshire, SY10 8BS, pleaded guilty to the same breaches by virtue of Section 37 of the Health and Safety at Work etc. Act 1974. He was given a 12-month conditional discharge and ordered to pay £1,000 in costs.

HSE | A Middlesbrough road haulage company has been fined £250,000 after a man died while working inside a shipping container.

Gary Lee James, 30 was working for Ward Bros (Malton) Ltd at its yard at South Bank, in the early hours of 8 January 2019, when he suffered a fatal injury.

Mr James and a colleague had been standing up metal frames, each weighing approximately 120kg, within a shipping container, part of what is known as a “devanning” activity.

As the two men lifted the sixth frame, the fifth one fell back towards them, followed by the four others. Mr James was pinned by the neck between the container wall and the fallen frames. Although he was transported to James Cook University Hospital after suffering a cardiac arrest, he was sadly pronounced dead three days later.

The HSE’s investigation found the frames had not been secured to the container wall. It found that Ward Bros (Malton) Ltd failed to ensure, so far is reasonably practicable, the health, safety and welfare of its employees, including Gary James, at work in connection with the devanning of containers.

Despite the company having never undertaken devanning work before, it failed to create a suitable and sufficient written risk assessment. There was no clear and properly planned safe system of work for its employees.

Instead, the regulator commented that the company embarked upon an ‘ad-hoc and ultimately unsafe system of work, which was not effectively communicated to the employees who were left largely unsupervised to determine their own methods of devanning the containers’.

Ward Bros (Malton) Ltd, of Dormor Way, South Bank, Middlesbrough, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £250,000 with costs to be determined at a later date.

HSE Inspector Joy Craighead said: “This was a tragic and preventable incident, that cost a young man his life. Every year, a significant proportion of accidents, many of them serious and sometimes fatal, occur as a result of poorly planned work activity.

“In this case there was a complete failure to risk assess and implement control measures. Had the company done so, Mr James would still be alive.”

This HSE prosecution was brought by HSE enforcement lawyer Jonathan Bambro and law clerk Rebecca Forman.

Personnel Today | The Employment Rights Bill will now enter a “ping pong” battle after a number of amendments were rejected by the House of Lords.

The Bill had reached one of the final stages in its path to reaching Royal Assent, the consideration of amendments, but must now return to the House of Commons until agreements on these measures can be reached.

Peers proposed changes to zero-hours clauses, the day-one right to unfair dismissal protections, industrial action ballot thresholds, and union members paying a political levy.

They voted 302 to 159 against a proposal in the Bill to require employers to offer guaranteed hours to employees from day one.

Instead, Lord Fox, Liberal Democrat, proposed that employers write to workers at the end of each reference period for guaranteed hours and give them the option to accept or decline.

This would mean workers still have a meaningful offer of guaranteed hours but have the flexibility to opt in or out of this after an initial period.

Day-one unfair dismissal was defeated by 301 votes to 153, with the recent “Day One Frights” report from the Resolution Foundation urging the UK Government not to proceed with the right in its current form, cited multiple times.

Peers also voted in favour of keeping the 50% turnout threshold for an industrial action ballot of trade union members to be valid by 267 votes to 153.

A proposal to automatically sign up trade union members to pay a political levy was rejected by 249 votes to 142.

Conservative peer Baron Sharpe of Epsom said that day-one unfair dismissal rights would discourage employers from “taking a risk” on young workers, echoing some of the sentiments in the Resolution Foundation’s report.

Former TUC leader Baroness O’Grady argued that employers would still be able to dismiss workers “fairly” under the Employment Rights Bill, adding that without day-one protection, workers would “continue to bear the risk that they can be sacked at whim.”

The Commons and Lords now enter a back and forth, or “ping pong” process with the Bill being exchanged between them until they both agree on the final version.

There is no official time limit for this, but a Bill could fail to become law if it runs out of time within a parliamentary session. Only once agreement is reached can the Bill receive Royal Assent and become an Act of Parliament.

Birmingham City Council | A company has been prosecuted for failing to comply with an Improvement Notice relating to fire safety measures, the first West Midlands local authority to do so.

Freehold Managers (Nominees) Limited, the company responsible for Centenary Plaza on Holliday Street, pleaded guilty to failing to comply with an Improvement Notice.

The prosecution is significant because it is only the second such prosecution by a local authority using powers provided under the Housing Act 2004, and the first in the West Midlands.

Birmingham City Council pursued legal action using these powers after Freehold Managers (Nominees) Limited, based at 250 Bishopsgate, London, failed to undertake the necessary improvement works required to make the building safe, as detailed in the Improvement Notice issued by the council on 5 September 2023.

The Improvement Notice mandated improvements, including the repair of fire doors, improvements to emergency lighting, and the provision of suitable means of escape from the building, in the event of a fire.

During sentencing at Birmingham Magistrates’ Court, a fine of £50,000 was imposed on the business, considering its early guilty plea, the company’s financial position, and the council’s legal costs.

After the Grenfell Tower fire, the council formed a team of specialist officers to address fire safety in high-rise buildings, funded by a UK Government grant. This is the first such prosecution from the team, and the second in the country.

HSE | A horticultural company has been fined after an employee suffered serious injuries after falling from a ladder.

The employee had been tasked to check irrigation that was watering plants contained in hanging baskets at the site in Banbury on 7 June 2023.

As the man climbed the ladder, it fell and collapsed under him, resulting in five broken ribs and a partially collapsed lung.

An investigation by the Health and Safety Executive (HSE) found that Ball Colegrave Ltd failed to ensure so far as is reasonably practicable the health, safety, and welfare at work of all their employees. In this instance, there was a failure to ensure that work at height was planned and carried out in a manner which was so far as is reasonably practicable safe.

Working at height remains one of the leading causes of workplace injury and death and HSE has detailed guidance on working safely at height.

Ball Colegrave Limited of Milton Road, West Adderbury, Banbury pleaded guilty to contravening a requirement of section 2(1) of the Health and Safety at Work etc. Act 1974.

The company was fined £80,000 and was ordered to pay £7,061 costs at a hearing at Oxford Magistrates’ Court.

Environment Agency | The EA has successfully prosecuted a father and son for running an illegal scrap metal site in Northamptonshire.

At Northampton Crown Court, Henry Thomas Allen, 73, and his son Lee Allen, 37, both of Station Road, Irthlingborough, both received prison sentences of six months suspended for 18 months.

This was on condition that they each undertake 15 Rehabilitation Activity Requirement Days. They were also ordered to pay £5,000 each in costs plus a victim surcharge of £128.

The guilty pleas, at a previous hearing, were for operating without an environmental permit and handling waste in a manner likely to cause pollution.

The court was told that the Environment Agency had designated a scrap metal business in Station Road as a site of concern for a number of years.

Located in the River Nene flood plain and without the correct sealed, foul drainage system, the site contained large quantities of motor vehicle waste.

This included batteries, tyres, gas cannisters, fridges, freezers, and motor vehicle fluids such as fuel, oil and battery acid. This was stored on bare ground without the correct, sealed, drainage system with a working interceptor.

The company was instructed to remove the unpermitted scrap metal on the land.

However, the Environment Agency continued to receive complaints that new waste was being treated and stored.

Officers visited the site and on several occasions provided advice, guidance and support.

Sarah Dunne, the Environment Agency’s Solicitor Advocate, told the court that officers had made every effort to work with the Allens to bring the site into compliance with environmental law. This included guidance regarding the storage and treatment of motor vehicle waste.

However, in spite of this advice, the company continued to accept, deposit, and store large quantities of waste metals including end-of-life vehicles. They also became uncooperative with Environment Agency officials.

After a court warrant was gained, Henry Allen was arrested with support from Northamptonshire Police. Drone images showed the scale of the waste on site.

The court was told that the father had a long history of non-cooperation with the Environment Agency. He had been served with a warning letter.

Though his son was made sole director of the company, the court was told this was nothing more than a paper exercise.

Sentencing both Allens, His Honour Judge Mayo said that their offending had crossed the custody threshold, that the risk of harm had been high and that they had undermined lawful waste operators.

HSE | A manufacturer of rolled aluminium products has been fined £300,000 after a worker was crushed under a 1.5-tonne hydraulic arm at its site in Bridgnorth.

The man, in his early 40s, was working underneath the arm when it failed, resulting in life-changing crush injuries. He had been working for Bridgnorth Aluminium Limited at its site in the town when the incident happened on 10 May 2023.

He had been carrying out preparation work for the casting of aluminium blocks from molten aluminium. He was kneeling inside a casting mould, wearing heat resistant clothing, to insert ceramic string around its edges. The hydraulic launder arm above the mould, which is used to transport molten metal around the foundry, suddenly fell onto him. It is believed the exterior temperature of the launder arm was around 100°C.

The falling arm crushed him and narrowly missed another worker. The man was trapped for three minutes before the floor of the mould was lowered to release the pressure. However, it was a further 19 minutes before the hydraulic arm could be lifted to allow recovery.

The incident and the injuries sustained by the individual have had a dramatic impact on his day-to-day life and he has not been able to return to work.

The HSE’s investigation found that the arm fell as a result of hydraulic failure. While there was a safety bar intended to prevent the arm from falling, it was not fit for purpose. Bridgnorth Aluminium Limited had not assessed the risks of the hydraulic arm falling and therefore failed to implement a suitable safe system of work to prevent employees from working beneath it.

Bridgnorth Aluminium Limited of Stourbridge Road, Bridgnorth, pleaded guilty breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £300,000 and ordered to pay £8,301 in costs.

HSE inspector Nicola Willcox said: “This was a serious incident that should never have happened.

“The company subsequently implemented simple control measures to prevent it from re-occurring. The process of placing the ceramic string in the moulds is now carried out with the hydraulic arm in the lowered position, and people are restricted from walking under the it when it is raised.

“If these measures had been in place at the time, then this incident would not have happened.”

This prosecution was brought by HSE enforcement lawyer Edward Parton and paralegal officer Jason Dix. The investigation was supported by Natalka Heath, HSE Visiting Officer.

HSE | A self-employed builder from Reading has been given a suspended prison sentence after a man fell to his death while assisting with roof work.

Raffaele Vigliotti, 68, who was trading as Absolute Building Solutions, was also ordered to complete 200 hours of unpaid work, after the death of Andrew Layley. The 69-year-old, an acquaintance of Vigliotti, was helping with roof work as part of an extension to a domestic property in the town.

It was during this work on 8 April 2023 that Mr Layley fell and sustained serious head injuries. He died in hospital several weeks later.

Mr Layley, from Reading, was married with three grown up children and had a love of cats. His wife of nearly 40 years and children massively feel the loss of their “caring” husband and dad, saying his loss has left a huge hole in their lives.

Investigating, the HSE found that Vigliotti failed to put in place suitable measures to protect both Mr Layley and another worker while they were working at height. The measures that were used were to either prevent or control a fall or mitigate the consequence of a fall.

Mr Vigliotti of The Hedges, Bath Road, Padworth, Reading, Berkshire, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974. He was given an eight-month custodial sentence, suspended for 18 months and ordered to carry out 200 hours of unpaid work within the next 18 months and to pay a victim surcharge.

HSE inspector Nicola Pinckney said: “Every year, a significant proportion of incidents, many of them serious and sometimes fatal, occur as a result of unsuitable or absent measures to protect workers from falls from height.

“This was a wholly avoidable incident, and if consideration had been given to the well-known risks of working at height, and suitable, readily available controls been put in place, this incident could have been avoided.

“Due to Vigliotti’s failures, a family has been left without a much loved husband and dad.

“The penalty imposed on Mr Vigliotti will hopefully serve to highlight to others the importance of taking this risk seriously and ensuring they protect their workers from this risk.”

This HSE prosecution was brought by HSE enforcement lawyer Rebecca Schwartz and paralegal Officer Helen Hugo.

HSE | A waste management company has been fined £2.48 million after a worker was run over by a reversing skip wagon at a waste transfer station in Bradford.

James Tabiri, 57, was working as a sort line operative at Biffa Waste Services Ltd’s waste transfer site in Bradford. On 10 August 2023, while making his way to the site office across the weighbridge, he was struck from behind by a reversing skip wagon. The impact caused him to fall, and he died from crush injuries from the rear wheels.

The HSE’s investigation found that Biffa Waste Services Ltd failed to effectively review and monitor the control measures in place to protect pedestrians and keep them separate from vehicle movements.

CCTV footage from the week before the incident showed that it was common practice for people on site to bypass segregated pedestrian routes, with some seen climbing over barriers that were intended to keep them safe.

Biffa Waste Services Ltd, of Coronation Road, Cressex, High Wycombe, Buckinghamshire, pleaded guilty to breaching Regulation 5(1) of the Management of Health and Safety at Work Regulations 1999. The company was fined £2.48 million and ordered to pay full costs of £5,768.06.

Following the hearing, HSE inspector Elliot Archer said: “This incident was easily avoidable. Control measures were in place to allow pedestrians and vehicles to move safely, but a lack of monitoring and supervision allowed poor working practices to develop between the workers on site.

“Our investigation found a casual attitude to health and safety with workers treating a high hazard site like a playground.

“Nearly a quarter of all deaths involving workplace transport occur during reversing manoeuvres.

“This tragic incident should be a reminder to the waste industry not to become complacent with the risks workplace transport poses, and that even where control measures are in place to segregate pedestrians and vehicles, robust monitoring and supervision of their correct usage need to be in place.”

The prosecution was brought by HSE enforcement lawyer Arfaq Nabi and paralegal officer Melissa Wardle.

Consolidated Login

Comprehensive Login