FIA | A Gateshead landlord has been fined more than £42,000 after operating an unsafe and unlicensed House in Multiple Occupation (HMO).

Gateshead Council issued financial penalties totalling £42,300 following an investigation into a three-storey property in the Windmill Hills area occupied by seven people from six households. The penalties related to operating an unlicensed HMO and failing to manage the property safely.

The investigation identified a number of serious fire safety and management failings, including an inadequate fire alarm system, no emergency lighting, defective fire doors, obstructed escape routes, and bedroom and exit doors that could only be opened with a key from the inside. Officers also found a lack of safety checks, inspections and records, as well as a failure to provide information requested during the investigation.

The council established that the property had been operating as an HMO for a significant period without the required licence. Landlords of HMOs must comply with legal requirements designed to protect tenants, particularly in relation to fire safety and property management.

Following the enforcement action, Jetsun Ltd paid the penalty within 28 days and received a 15% discount in line with the council’s enforcement policy. The funds will be reinvested into enforcement activity aimed at improving housing standards across Gateshead.

Samantha Allcott, strategic director of housing, environment and healthy communities at Gateshead Council, said: “Landlords have a legal duty to make sure the homes they rent out are safe and properly managed. In this case, the conditions found at the property were unacceptable and could have put tenants at serious risk, notably so in the event of a fire.”

Allcott added: “We work closely with landlords across Gateshead to help raise and maintain standards. Tenant safety will always come first and, that being so, we will not hesitate to take enforcement action where standards fall below what’s required by law.”

HSE | Two construction companies have been fined £79,300 after a scaffolder broke his arm, leg and suffered head lacerations after falling through a roof skylight while installing temporary scaffolding edge protection at a warehouse in Yorkshire.

James Cranswick, 26, was installing temporary scaffolding edge protection for Clover Access Systems Limited at a warehouse at Acre Mills in Keighley, West Yorkshire, when the incident took place. CCTV footage shows Mr Cranswick falling onto a pallet truck before landing on the warehouse floor.

Mr Cranswick was on the roof carrying materials from one end of the unit to the other when he stepped on a skylight and subsequently fell more than 6 metres to the concrete floor beneath.

The HSE found that both Clover Access Systems Limited and STM360 Limited failed to plan, manage and monitor the work being undertaken by the scaffolders at the unit. As such, no measures were in place to prevent the scaffolders falling from the edge of the unit, or through the fragile elements of the roof. The skylights of the unit were almost invisible to Mr Cranswick and he was unaware of any fragile elements of the roof.

Clover Access Systems Limited pleaded guilty to breaching the Construction (Design and Management) Regulations 2015, Regulation 15. They were fined £26,000 and ordered to pay costs of £2,866. The company are now in liquidation.

STM360 Limited pleaded guilty to breaching the Construction (Design and Management) Regulations 2015, Regulation 13 and was fined £53,300, with £3,167 in costs.

HSE Inspector Shauna Halstead, said: “Mr Cranswick is lucky to be alive after this incident. His fall was wholly avoidable; the risks associated with work on, or around fragile surfaces are well-known, and HSE guidance is available to assist companies in complying with the law.

“Everyone working in construction should be aware that HSE will not hesitate to take enforcement action where roof work is not properly managed, as workers should not be needlessly put in harm’s way.”

This HSE prosecution was brought by HSE enforcement lawyer Arfaq Nabi and paralegal officer Hannah Snelling.

HSE | A shipping company based in Aberdeen has been fined after an employee suffered serious and life-changing injuries when he was struck by a forklift truck at the company’s yard.

A 43-year-old man was working at Streamline Shipping Agencies Limited’s premises at Palmerston Quay, Aberdeen, when he was struck by a reversing forklift truck driven by a colleague on 26 September 2024. The worker was on foot, unclipping the curtain side of an articulated trailer, when the rear nearside wheel of the forklift made contact with his right leg, pulling him to the ground.

The worker suffered multiple fractures to his right foot and lower leg, as well as a de-gloving injury, undergoing two surgical procedures and skin grafts. He has also required counselling because of the incident and has yet to return to work.

Investigating, the HSE found that Streamline Shipping Agencies Limited failed to ensure its workplace was organised in such a way that pedestrians and vehicles could circulate safely. While the company had a traffic management plan in place, it lacked the necessary detail to ensure that loading and unloading – which routinely took place concurrently in the same area – could be carried out safely without putting employees on foot at risk from moving vehicles.

The HSE concluded it was reasonably foreseeable that an employee on foot faced a risk of being struck by a moving vehicle when both the pedestrian and driver were concentrating on their respective tasks near each other.

Following the investigation, an Improvement Notice was served on the company. In response, Streamline made a series of improvements to its traffic management arrangements to the satisfaction of HSE.

Streamline Shipping Agencies Limited, of Streamline Terminal, Blaikies Quay, Aberdeen, AB11 5PU, pleaded guilty to breaching Regulation 17(1) of the Workplace (Health, Safety and Welfare) Regulations 1992 and Section 33(1)(c) of the Health and Safety at Work etc. Act 1974.

The company was fined £146,700 and ordered to pay a Victim Surcharge of £11,000.

HSE Inspector Nicky Smith said: “This was a serious and wholly avoidable incident that has had a profound and lasting impact on this worker’s life.”

“Employers have a legal duty to ensure that pedestrians and vehicles can move safely within their workplaces, particularly in busy areas where loading and unloading takes place. Having a traffic management plan is not enough if it does not contain the detail needed to protect workers on the ground.”

“We will not hesitate to hold companies to account when they fall short of their obligations.”

HSE | A waste and recycling company in Cumbria has been fined £60,000 after an employee was hit and killed by a reversing telehandler in Barrow-in-Furness.

Stuart Garnet, 44, was working at H. Wicks (Lindal) Limited’s waste and recycling facility when he was struck by a reversing telehandler on 12 May 2022. He subsequently died of his injuries.

The HSE’s investigation found that H. Wicks (Lindal) Limited failed to ensure the site was organised in such a way that pedestrians and vehicles could circulate in a safe manner.

H. Wicks (Lindal) Limited, of Scarth Road, Sowerby Woods Business Park, Barrow-in-Furness, Cumbria, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

The company was fined £60,000 and ordered to pay costs of £6,624.75. A statutory surcharge of £2,000 was also imposed.

HSE Principal Inspector Caroline Shorrock said: “Stuart Garnet’s death was an avoidable tragedy, and our thoughts are with his friends and family.”

“Every year, a significant number of workplace accidents, many of them serious and sometimes fatal, occur because of poor separation of pedestrians and vehicles.”

“Had the company implemented suitable separation measures, this fatal injury would not have occurred. The fine imposed on H. Wicks (Lindal) Limited should serve as a clear reminder to everyone in the waste and recycling industry that HSE will hold to account those who fail to keep their workers safe.”

This HSE prosecution was brought by HSE enforcement lawyer Matthew Reynolds and paralegal officer Henrietta Ruthven.

HSE | A construction company has been fined after a man drowned when he fell into an exposed excavation hole described as a ‘death trap’, at a building site in Hertfordshire.

Mykhalio Hustei had been working for Alchemist DB Limited as a labourer on a project building several flats on the High Street in Bovington. The 35-year-old had been living in a property adjoining the site when he attempted to make his way home from a night out on 22 October 2021. However, as he tried to access his own home he fell into one of the exposed excavation holes that was filled with rainwater. His body wasn’t found until around 2pm the following day.

The HSE’s investigation found that Alchemist DB Limited had been acting as a contractor to build the flats as part of a family-run property development business. New excavation foundations had been dug for the building footings. However, they were crisscrossing the construction site without any designated safe walkways.

The investigation also found the company had failed to take appropriate precautions to ensure the safety of those moving around and working at the site. At best, large boards and planks were used as bridges over excavations. The boards and planks were slippery and bowed when walked across. The site was also open to the weather, making it highly likely it would be slippery after rain, increasing the risk to those at site. There was also no dedicated lighting to the site and the boards and planks didn’t have handrails and weren’t secured.

The company only made the site safe after HSE inspectors visited the site following Mr Hustei’s death and took enforcement action. This included them installing dedicated walkways bridging over exposed excavations using scaffolding framework to prevent falls.

Alchemist DB Limited of Devonshire House, Manor Way, Borehamwood, Hertfordshire, were sentenced in absence for breaching Regulation 22(2) of the Construction (Design and Management) Regulations 2015. The company was fined £20,000 and ordered to pay £5,000 costs at a hearing in Luton Magistrates Court on 29 May 2026.

Alchemist DB Limited of Devonshire House, Manor Way, Borehamwood, Hertfordshire, were sentenced in absence for breaching Regulation 22(2) of the Construction (Design and Management) Regulations 2015. The company was fined £20,000 and ordered to pay £5,000 in costs. Since the incident, the company is now in liquidation.

HSE inspector Rauf Ahmed said: “As always, our thoughts remain with the family of Mr Hustei, a young man who was just setting out on his career in construction.”

“He had been simply returning to his flat after socialising with friends. However, the site was quite literally a death trap.”

“The measures put in place by the company after his tragic death are a crude reminder about what could and should have been done in the first place.”

“We will always take action against those who fail to protect people from risk.”

This HSE prosecution was brought by enforcement lawyer Edward Parton and paralegal officer Rebecca Forman.

HSE | A company has been fined after an employee suffered life-changing injuries in an incident at its site in Hull.

On 18 July 2024, a 37-year-old woman working for Siemans Gamesa was carrying out work as part of the construction of a wind turbine blade when a structure they were working on collapsed on top of them, leaving them paralysed from the waist down.

The task being undertaken at the time of the incident involved building the web section of the blade, a large internal structure running almost the full length of the blade to provide rigidity and prevent buckling in strong winds, functioning much like a spine.

The incident occurred at the pre-cast section of the web, which sits at the root end of the blade where it connects to the rotor. This section weighs approximately 800kg before additional materials are added during the build process.

As the injured employee and a colleague were preparing the pre-cast section to be wrapped in materials, it fell towards them after support poles, which had been holding the structure in place, were removed.

The HSE’s investigation found that the company failed to adequately assess the risks arising from the work; failed to devise and implement a robust safe system of work to prevent employees from removing the support poles; and failed to adequately train employees in safe working methods. As a result, employees adopted unsafe practices to complete the task.

Following the incident, the company implemented a system whereby support poles are locked in place and can only be unlocked by a nominated person holding the key, once the relevant stage of the build has been completed.

Siemens Gamesa Renewable Energy Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £600,000 and ordered to pay £7,980.80.

HSE Inspector Mark Slater said: “All work activities that carry a risk to health and safety must be properly risk assessed, and safe systems of work must be devised and implemented. Where protective measures are provided to prevent catastrophic incidents in high-risk areas, secondary measures such as lock-off procedures should also be in place.

“In this case, inadequate risk assessment and inadequate systems of work left employees to adopt their own working methods, exposing them to an unacceptable level of risk. This was a wholly avoidable incident.”

The prosecution was brought by HSE enforcement lawyer Nathan Cook and paralegal officer Henrietta Ruthven.

HSE | A fencing contractor in Liverpool has been fined after an employee suffered an electric shock and burns as a result of striking a live underground cable.

Paul Taylor was working for City Fencing Contractors Limited on a construction site at Meade Hill Road, Manchester on 21 May 2024. He had been part of a team installing security fencing to the Meade Hill Shul synagogue.

The 59-year-old was using a breaker to dig into the ground in preparation to install the metal fencing. However, the father-of-three struck a live underground cable causing electric shock, which resulted in him sustaining multiple burn injuries to his stomach, chest and arms.

The HSE’s investigation found that City Fencing Contractors Limited had failed to implement suitable and sufficient controls to prevent risk from underground services.

City Fencing Contractors Limited, of 1 Brookfield Dr, Liverpool, pleaded guilty to breaching Regulation 25(4) of the Construction (Design and Management) Regulations 2015. The Company was fined £10,000 and ordered to pay £5,487 in costs.

HSE inspector John Padfield said: “Underground services are widespread and represent a significant risk. It is important measures are taken to identify them before any excavation work is undertaken.

“On this occasion, an electrical cable was struck and an operative suffered severe burns.

“However, it could have been much worse and potentially fatal. Had the company implemented an effective safe system of work following HSE guidance, this incident would not have occurred.”

This HSE prosecution was brought by HSE enforcement lawyer Gemma Zakrzewski and paralegal officer Lynne Thomas.

HSE | A road planning contractor in Leicestershire has been fined £92,450 after an employee’s leg became entangled in a road milling machine and had to be amputated.

On 14 February 2024, the 32-year-old employee, working for Power Plane Limited, was operating a road milling machine at Wade Road in Basingstoke. The operator’s foot became caught by the rotating milling drum, dragging him into the machine.

His right leg had to be amputated by emergency services at the scene to free him from the machine. The life-changing injury left him unable to work for more than a year. He continues to suffer long-term mental and physical effects, including PTSD and persistent pain, as well as having to adapt to living with a lifelong disability.

An investigation by the HSE found that Power Plane Limited had failed to take effective measures to prevent access to the dangerous rotating milling drum of the road planing machine. The manufacturer’s ‘protective bow’, designed to restrict access to the milling drum, had not been attached to the machine. The investigation also found it was common practice for the company to operate milling machines without the guard fitted.

Power Plane Limited, of Highway House, Asfare Business Park, Hinckley Road, Hinckley, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998. The company was fined £92,450 and ordered to pay £6,781 in costs.

HSE inspector Peter Crees said: “Every year, a significant proportion of accidents, many of them serious or fatal, are caused by poorly guarded work equipment.”

“This was a wholly avoidable incident, caused by a failure to guard dangerous parts. Had the company simply fitted the manufacturer’s guard to the machine, this life-changing injury could have been prevented.”

This HSE prosecution was brought by enforcement lawyer Rebecca Schwartz and paralegal officer Farhat Basir.

HSE | An offshore firm has been handed a £267,000 fine after a long-running HSE investigation found that crewman Jason Thomas was killed when he fell through a missing deck grate and was lost to the North Sea.

Ensco Offshore UK Limited (EO UK Ltd) was responsible for the operation of the Valaris 121 installation when the incident occurred on 22 January 2023.

Jason Thomas, 50, from South Wales, was an experienced offshore worker with around 16 years in the industry. At the time of his death, he was employed by Ensco Services Limited, a wholly owned company of EO UK Ltd, where he had progressed from roustabout to deck foreman and then crane operator.

After he went missing on 22 January 2023, an HM coastguard search was launched and called off the following day, though Jason’s body was never recovered.

A thorough investigation by the HSE found that the grating panel had not been secured in line with the original equipment manufacturer’s (OEM) specifications, and that later inspections had not checked the deployment of Hilti clips, which are used to secure gratings to their substructures and stop them coming loose

On the morning of 22 January, the rig’s hull was afloat and under tow towards Dundee for maintenance. As the day progressed, weather conditions deteriorated significantly, with windspeeds exceeding 30 miles per hour and wave heights well above five metres.

Mr Thomas, who was supervising the deck team during his shift, completed water integrity checks with a colleague at around 2pm. Both men had taken water over their boots during the checks. Mr Thomas was observed removing his coveralls and leaving his hard hat and gloves near the airlock door before changing into training shoes.

At approximately 2.30pm, he was seen taking a break in one of the staff lounges. Around 15 minutes later, a mechanic entered carrying a lifebuoy that had become detached from its holder on the main deck. Mr Thomas told him to leave it in the lounge and that he would ‘deal with it’. He was last seen at around 3.05pm leaving the lounge with a cup of coffee and his mobile phone.

At around 4pm, a colleague in the boot room heard a loud noise from outside. On opening the door to deck 1, he found that the grating immediately outside had been displaced, leaving a void above the waters of the North Sea. The control room was alerted immediately, but repeated tannoy calls failed to locate Mr Thomas. HM Coastguard was eventually contacted several hours later, shortly before 9pm.

During the subsequent search of the rig, Mr Thomas’s hard hat, gloves and radio were found near the airlock door. His coveralls were never recovered. A search and rescue operation was launched under the direction of HM Coastguard but was called off the following day.

Mr Thomas’s mother subsequently obtained a Presumed Death Certificate through the Welsh Courts, confirming that he died on 22 January 2023. She passed away shortly after receiving this confirmation.

The HSE investigation further concluded that wave action over the course of the afternoon had applied sufficient upward force to the grating to cause the fixings to fail and displace it. The possibility of malicious interference was considered but ruled out following examination at HSE’s Buxton scientific facility, where no tool marks were found on the fixings or clips.

Following the incident, the company replaced all polymer grating across its fleet with galvanised steel grating.

Ensco Offshore UK Limited pleaded guilty to breaching Section 3(1) and 33(1)(a) of the Health and Safety at Work etc. Act 1974. The company was fined £267,000 with an added victim surcharge of £20,025 also imposed taking the total payable to £287,025.

HSE principal inspector Steven Hanson Hall said: “This was a profound tragedy which left lasting mark on Jason’s colleagues and his community.”

“Jason Thomas was an experienced offshore worker who lost his life in the most unimaginable way possible. The fact his body was never found resulted in great anguish to his mother, who has also since died.”

“The investigation was incredibly complex and thorough and we hope it has provided Mr Thomas’ remaining family with some closure and reassurance that we did everything we could to secure them justice.”

“Grating systems must be designed, installed and maintained so that they do not present a risk to anyone that may use them, particularly when used in environments where they are susceptible to damage. Had the company taken relatively simple measures to identify and control the underling risks, particularly during the rig move, it is highly likely the incident would never have occurred, and Jason would have returned home.”

HSE | A company has been fined £350,000 after the catastrophic collapse of a storage tank at its Peterhead premises which left a self-employed worker with life-changing injuries.

The HSE investigated the incident, which occurred on 21 June 2023 at Tetra Technologies UK Limited’s offshore supply base. The base handles around two thousand ship movements per year, supplying North Sea oil and gas installations with deck cargos and quantities of fluids.

Philip Moir, a 62-year-old self-employed rope access technician, was on site conducting surveys of storage tanks when Tank 7 – a bolted steel tank holding approximately 480,776 litres of calcium chloride solution weighing around 700 tonnes – catastrophically ruptured without warning.

Mr Moir was almost immediately immersed to chest height in the released fluid. He was subsequently found slumped over the wheel of a nearby cherry picker, which itself, along with a Ford Transit pickup, a small skip and the cherry picker – weighing twelve and a half tonnes – had all been displaced by the force of the escaping fluid.

Mr Moir sustained a double fracture of his spine and pelvis, lacerated liver, punctured lung, multiple rib fractures, fractured sternum, a fractured wrist, and extensive chemical burns requiring skin grafts. He has not worked since the incident and is unable to climb ladders or work at height, injuries described as life-changing.

The HSE’s investigation, conducted by both regulatory and specialist inspectors, identified that the structural failure occurred around halfway up the tank shell, where the third row of plates split vertically along a bolted seam. Approximately 4.5mm of the original 5.5mm steel plate had been lost through corrosion over time, leaving just 1mm of steel unable to withstand the outward forces of the fluid within. Investigators found that the loss of any protective coating had left the steel surfaces exposed to aggressive coastal air, accelerating external degradation. The density of calcium chloride – more than one third denser than water – further increased the forces applied to the already weakened structure.

The tank was more than 30 years old and the manufacturer’s maintenance manual required six-monthly checks of seams and bolts, and annual external inspections for corrosion. An inspection in 2013 had already identified extensive outer surface corrosion over the lower section of the tank and corrosion at bolted connections, yet no remedial work was carried out on Tank 7. The company was unable to provide evidence of any regular inspection regime being followed in the years that followed.

On the morning of the incident, Tank 7 had been filled to capacity – a step taken to create space at the company’s Aberdeen premises – and failed less than thirty minutes after the final load was pumped in. HSE concluded that the failure of the tank was wholly foreseeable and preventable.

Following the incident, the company removed all bolted tanks from its sites and closed its Peterhead operation, relocating to its Aberdeen premises.

Tetra Technologies UK Limited of One Fleet Place, London, pleaded guilty to breaches under sections 3(1) and 33(1)(a) of the Health and Safety at Work Act etc. 1974. The company was fined £350,000.

HSE Inspector Mark Carroll said: “This was a completely preventable incident. The corrosion that caused this tank to fail had been identified a decade before it collapsed, yet no remedial action was taken and there is no evidence that the required inspection regime was ever consistently followed.”

“A worker has been left with life-changing injuries as a direct consequence of those failures. Companies have a legal duty to maintain equipment in an efficient state and good repair, and HSE will not hesitate to take action where that duty is not met.”