A Stockport-based stone worktop manufacturer has been fined £26,000 for repeatedly putting its workers at risk.

Granite & Marble Shop Ltd failed to implement safe working practices despite warnings from the Health and Safety Executive (HSE).

The  company consistently put their employees at risk from serious injury by failing to adequately guard dangerous machinery at their site in Roland Road, Reddish.

A HSE inspector visited the site in 2019 and enforcement action was taken to have the appropriate guards installed, and to introduce daily checks, to ensure  these were in place and functioning correctly.

HSE guidance is available about the importance for employers to consider how their workers use machinery and to have adequate arrangements in place to ensure it remains safe to use.

However, when an inspector returned to the site on 18 August 2021, the guarding measures that had been put in place were broken or disabled – once again placing employees in danger.

A HSE investigation found that The Granite & Marble Shop Ltd of Cheadle Place Stockport Road, Cheadle, Cheshire, had failed to properly manage, supervise, and monitor the control measures that had been put in place, in order to ensure that guards were being used as intended.

The company pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and were fined £26,000 and ordered to pay costs of £3,708 at a hearing in Manchester Magistrates’ Court on 31 January 2024. The prosecution was brought by HSE enforcement lawyer Sam Crockett.

After the hearing HSE Inspector Stephanie Simcock said: “This case highlights how critical it is that all employers make sure they properly assess and apply effective control measures to minimise the risk from dangerous parts of machinery.

“Machinery safety and supervision and monitoring is a must. We will prosecute if repeated breaches are found, regardless of whether there has been an incident.

“Despite an earlier intervention and advice being given, this company continued to fail in its duty to protect its employees.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. Guidance on working safely with machinery is available.

A textiles company has been fined £60,000 after a man broke his arm when it was dragged into machinery at a site near Chorley.

The employee, a man from Blackrod in Greater Manchester, suffered serious injuries to his right arm in the incident at the factory operated by Pin Croft Dyeing and Printing Co. Limited in Market Street, Adlington, on 20 June 2022.

An investigation by the Health and Safety Executive (HSE) found the man had been operating a large fabric spooling machine when a brake malfunctioned. During his attempt to manually slow the rotation of the machine, his sleeve became caught up with an exposed grooved spindle and his right arm was drawn into the mechanism. It became twisted by the rotation of the machine which broke both major bones in the forearm and caused serious tissue damage.

HSE guidance is available how important it is for employers to consider how their workers use machinery and to have adequate arrangements in place to ensure it remains safe to use.

Despite the company being aware of the risk posed by the moving spindle, they failed to either remove or suitably guard this part of the machinery.

As a result of his injuries, the man, who was right-handed, spent four nights in hospital and was unable to return to work for six months.

Preston Magistrates Court heard that Pin Croft Dyeing and Printing Co. Limited of Adlington Works, Market Street, Adlington, Lancashire had neither guarded nor removed the exposed grooved spindle despite being aware of the risk it posed to employees.

The company pleaded guilty to breaching section 2(1) of the Health and Safety at Work Act 1974. They were fined £60,000 and was ordered to pay £2.147 costs at a hearing at Preston Magistrates Court on 31 January 2024.

After the hearing, HSE inspector David Bellis said: “This man’s injuries were serious but they could have been much worse. The whole incident and its consequences could have been avoided if basic safeguards had been put in place.

“At HSE we would like highlight that all employers should make sure they properly assess and apply effective control measures to minimise the risk from dangerous parts of machinery.”

The prosecution was brought by HSE enforcement lawyer Chloe Ward.

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

A recycling company has been fined £2.15million after an agency worker was killed by a loading shovel at its site in Hartlepool.

Dean Atkinson lost his life when he was struck and run over by the vehicle at Ward Recycling Limited’s premises on Windermere Road, Longhill Industrial Estate in January 2020.

Health and Safety Executive (HSE) inspector Stephen Garner said Mr Atkinson’s death could have been prevented had Ward Recycling implemented an alternative traffic route for pedestrians at its site on Windermere Road.

Simple measures like providing suitable separation between pedestrians and vehicles are set out in HSE guidance on workplace transport.

Mr Atkinson, 32, had been returning from the site’s welfare cabins to his workstation on the picking line.

To do so, he needed to walk across a traffic area at the site where mobile plant, including two loading shovels, operated.

One of the loading shovels struck and killed Mr Atkinson when he was walking in the traffic area.

Mr Atkinson’s death prompted investigations from HSE and Cleveland Police with Ward Recycling later being prosecuted by the Crown Prosecution Service (CPS). The company was found guilty to committing corporate manslaughter and breaching health and safety regulations after a trial at Middlesbrough Crown Court last month.

The HSE investigation into the incident found Ward Recycling, which went into liquidation in 2021, failed to protect pedestrians from the mobile plant operations it was carrying out at the site. There were no suitable traffic management arrangements in place, meaning pedestrians were at risk of being struck by moving vehicles, including loading shovels. Loading shovels are particularly dangerous if adequate segregation is not in place, in part due to the limitations to the operator’s visibility around the machine – a HSE visibility assessment found that an area over 10 metres in front of the vehicle could be obscured from the driver’s view.

Ward Recycling Limited, formerly of St Peter’s Square, Oxford Street, Manchester, was found guilty of breaching Section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007, Section 2(1) and Section 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £1.75m for corporate manslaughter and £400,000 for breaching health and safety regulations at Middlesbrough Crown Court on 26 January 2024.

HSE inspector Stephen Garner said: “This tragic incident could easily have been avoided if Ward Recycling had implemented simple control measures.

“Following the incident, it took the company less than a week to put in place an alternative traffic route to protect pedestrians.

“Had this been in place before the incident, Dean Atkinson would not have lost his life. Sadly, pedestrians being struck by vehicles on waste sites has caused many fatal accidents on waste sites and the industry should be well aware of the risks.”

Notes to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. The yellow line on the attached image shows the route pedestrians took from the welfare cabins to the picking line. The red line shows the loading shovel route.

A manufacturing company has been fined £15,000 after exposing its own workers to wood dust and failing to comply with two improvement notices.

Wood dust can cause serious and often irreversible health problems, including sino-nasal cancer, asthma and dermatitis. Employers have a legal responsibility to prevent or adequately control exposure in the workplace.

After concerns were raised to the Health and Safety Executive (HSE), inspectors from the workplace regulator went to Billy Davidson NV Stables Limited’s premises in Wingate, Durham on 17 June 2022. As a result, notices were served on the firm requiring it to undertake an examination of the local exhaust ventilation (LEV) system fitted to a chop saw and for failing to control exposure to wood dust from the use of a circular table saw.

Proper dust extraction can include having the right machinery, and vacuuming dust instead of sweeping is often required. HSE’s easy-to-follow guidance can be found here.

Despite the action taken by HSE, when inspectors returned to the site on 12 January 2023, the circular saw was still being used, despite the company saying it had been taken out of use. Likewise, the chop saw and LEV was also still being used, and the company had not provided HSE with confirmation it had been examined and was adequately controlling wood dust exposure.

The subsequent HSE investigation found the company had shown a disregard for health and safety due to their failure to comply with the improvement notices.

A HSE campaign to protect workers from exposure to wood dust is ongoing.

Billy Davidson NV Stables Limited was found guilty of contravening two counts of Section 33(1)(g) of the Health and Safety at Work etc Act 1974 and Regulations 9(2) and 7(1) of the Control of Substances Hazardous to Health Regulations 2002. The company was fined £15,000 and ordered to pay £4,500 in costs at Peterlee Magistrates Court on 24 January 2024.

Speaking after the hearing, HSE inspector Clare Maltby said: “This company showed a blatant disregard to the safety of its own workers.

“Companies are responsible for controlling the exposure to wood dust, a substance which is hazardous to health and can cause long term health effects such as occupational asthma.

“Compliance could have been achieved by simply getting a LEV fitted to the circular table saw and getting a competent person to undertake a thorough examination and test of the LEV on the chop saw.

“This case demonstrates that we will not hesitate to prosecute companies who fail to comply with the law.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

The director of a Norwich woodworking company has avoided an immediate spell behind bars after he exposed his employees to harmful wood dust.

Wood dust can cause serious and often irreversible health problems, including sino-nasal cancer, asthma and dermatitis. Employers have a legal responsibility to prevent or adequately control exposure in the workplace.

John Risby, the director of Turners and Moore Limited, was given a four month custodial sentence, suspended for two years, at Norwich Magistrates Court. The 33-year-old’s company was also fined £40,000.

The Health and Safety Executive (HSE) carried out an inspection at the firm’s Hurricane Way site on November 2017, which identified significant failings in its measures to control exposure of employees to wood dust. Enforcement action was taken, however a subsequent inspection in August 2022 showed the company had failed to maintain standards and further enforcement action was taken.

Dust extraction and vacuuming instead of sweeping can be some of the measures taken to control exposure to workers. Guidance on working in the woodworking industry is available and an inspection-led campaign to protect workers continues.

Turners and Moore Limited of Hurricane Way, Norwich was fined £40,000 after pleading guilty to breaches of Sections 2 (1) and 3 (1) of the Health and Safety at Work Act 1974. The company must also pay £2,000 in costs. Director John Risby was given a four month custodial sentence, suspended for two years. He will also pay costs of £1,100 for breaching section 37 of the same Act.

After the hearing, HSE inspector Natalie Prince said: “This outcome should send a strong message out to anyone with a responsibility for protecting workers.

“Exposure to wood dust can cause serious ongoing health problems and businesses must do all that they can to protect their workers.

“This outcome should underline to those in the woodworking industry that the courts, and HSE, take a failure to protect the health of employees extremely seriously and will not hesitate to take action against companies that fail to do so.”

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

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

A North Yorkshire construction company has been fined after a worker was struck on the head and killed by a 16-ton excavator.

On 13 January 2021, Dean Myers, an employee of HACS Construction Ltd, was undertaking groundwork activities in a partially excavated trench at a site in Ripon, North Yorkshire.

During the works, the 56-year-old was struck on the head by the moving bucket of the excavator suffering catastrophic injuries to his face and head. He was pronounced dead at the scene by the ambulance service.

The groundworks team had been preparing the trench for the laying of new drainage. Mr Myers had moved to the foot of an existing manhole directly adjacent to the trench when the excavator was reported to have met resistance whilst digging.

With nothing in place to prevent his entry into the danger zone of the excavator, Mr Myers exited the manhole via a makeshift opening to investigate. However, the excavator driver and other workers were not in a position to see that he had entered the danger zone. Here the excavator bucket then swung into him with fatal consequences.

The Health and Safety Executive (HSE) has guidance on excavator industry safety. The precautions needed include considering clearance, visibility and the bucket attachment.

HSE’s investigation found that HACS Construction Limited had failed to identify or assess the risk arising from using the existing manhole chamber as an improvised refuge. This meant the company failed to implement a system whereby workers were prevented from entering the dangerous working zone of the excavator while the machine was being operated by a driver with limited sight. There was also inadequate supervision on site, alongside a failure to carry out monitoring visits which would have identified crucial safety failings.

At Leeds Magistrates’ Court on 24 January HACS Construction Limited of Station Yard, Ripley, North Yorkshire pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc Act 1974. The company was fined £330,500 and ordered to pay £9,141.80 costs.

After the hearing, HSE inspector Ben Caines said: “This tragic incident could so easily have been avoided had HACS Construction Limited simply ensured that adequate control measures and safe working practices were identified and followed.

“The company should have put in place measures including the use of trained plant marshals for high-risk activities, such as the work Mr Myers was undertaking. Such measures are widely recognised and used across the construction industry as well as being advised within HSE and industry guidance.”

This HSE prosecution was brought by HSE enforcement lawyer Gemma Zakrzewski.

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

These were the inadequate welfare facilities at a Sheffield motor repair shop that was sentenced for breaching health and safety regulations.

The pictures have been released by the Health and Safety Executive (HSE) after the workplace regulator prosecuted Brightside Motors Ltd for failing to comply with its enforcement action.

HSE inspector Kirstie Durrans said the firm failed to fulfil a basic requirement and provide clean and suitable welfare facilities for its staff.

Following an inspection of its site on Holywell Road, HSE served Brightside Motors Ltd with Improvement Notices that required the firm to provide suitable toilets and washing facilities for its workers.

The inspection, which took place in June 2021, found welfare facilities at the site were in a poor state. This included the failure to provide suitable sanitary conveniences and adequate washing facilities. There was no supply of clean, hot and cold water, no soap nor any toilet paper. A letter was then sent by HSE to the company outlining its health and safety breaches.

In December 2021, HSE inspected the site again and found the company had taken no action to address the issues with its welfare facilities. HSE then served the company with two Improvement Notices, legally requiring the company to provide suitable toilets and washing facilities, including hot and cold running water for its staff.

The company failed to take appropriate action to comply with these notices. Despite being given additional time by HSE, the company failed to meet the deadline in January 2023.

HSE guidance can be found at: Welfare at work – Guidance for employers on welfare provisions (hse.gov.uk). This highlights how toilet and washing facilities should be clean, with hot and cold running water and complete with soap.

Brightside Motors Ltd, of Holywell Road, Sheffield, pleaded guilty to breaching Section 33(1)(g) of the Health and Safety at Work etc Act 1974. The company was fined £8,000 and ordered to pay £3,292.77 in costs at Sheffield Magistrates’ Court on 24 January 2024.

HSE inspector Kirstie Durrans said: “The provision of suitable, clean welfare facilities is a basic requirement that this company has failed to meet. HSE will not hesitate to take appropriate enforcement action against those that fail to comply with the requirements of enforcement notices.”

This HSE prosecution was brought by HSE enforcement lawyer Samantha Crockett and supported by HSE paralegal officer Gabrielle O’Sullivan.

Notes to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

A construction company and a roofing contractor have been fined after a roofer suffered multiple fractures in a fall from a building roof.

Horizon Roofing Specialist Ltd had been appointed by principal contractor – Bromley-based Property Facilities Group Ltd – to originally undertake the installation of a new roof at Aspire Academy in Welling.

Following this, Horizon Roofing were appointed to replace the roof of an existing modular building that was being refurbished, due to the original contractor becoming unavailable to complete the work.

On 29 September 2020, three roofers began work on the modular building roof, and during the work an unexpected flare from a gas gun caused one of the roofers to stumble backwards and fall from the edge of the unprotected roof to the ground below.

The roofer who worked for Horizon Roofing Specialist Limited, suffered multiple fractures to both of his legs which required surgery.

HSE has clear and concise guidance on carrying out roof work safely.

An investigation by the Health and Safety Executive (HSE) found that Property Facilities Group and Horizon Roofing had failed to adequately plan, appropriately supervise, and ensure that the work was carried out in a safe manner.

Property Facilities Group Ltd, of Newman Road, Bromley, pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. They were fined £14,000 and was ordered to pay £1,619.25 costs at a hearing at Westminster Magistrates Court on 19 January 2024.

Horizon Roofing Specialist Limited, of Langham Road, Robertsbridge, pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. They were fined £3,333 and was ordered to pay £1,619 costs at the same hearing.

After the hearing, HSE inspector Gemma Cox said: “Too many workers are injured every year as a result of falling from roofs with unprotected edges. The victim sustained serious injuries which could have been prevented if basic, industry standard control measures had been put in place.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

This HSE prosecution was brought by HSE enforcement lawyer Rebecca Schwartz and supported by HSE Paralegal Officer, Rebecca Foreman.

Notes to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

A company in Peterborough has been fined £67,000 after a young employee lost his life.

George Setchfield was found unconscious over the side of a large container while working for Electrostatic Magic Limited at the firm’s site in Peterborough.

George’s mum says his passing has affected “every aspect” of her life.

The 21-year-old had entered the company’s stripping shed, which housed an Intermediate Bulk Container (IBC) containing alloy wheel stripper.

He was later found by his manager slumped over the side of the IBC, and could not be revived.

George had sustained multiple organ failure and chemical pneumonitis and cutaneous burns from exposure to dichloromethane, hydrofluoric acid and methanol.

Health and Safety Executive (HSE) guidance for those working with dichloromethane is available.

An investigation by HSE found that Electrostatic Magic Limited had failed to control exposure to dichloromethane and hydrofluoric acid. It would have been reasonably practicable for the company to have installed local exhaust ventilation (LEV), used a hoist or long-handled tools to lower and lift parts in and out of the tank, provide pumped chemical systems to prevent the need to lean into the IBC and finally ensure that any Personal Protective Equipment (PPE) or Respiratory Protective Equipment (RPE) provided was suitable for the environment it was being used in.

George’s Mum, Amanda Foster, told Peterborough Magistrates’ Court: “Trying to find some level of justice for George has taken over my entire life.  I have spent hours going into detail, reviewing, rereading and making notes about how George died and how it should have been prevented.

“This is something that I struggle to accept, how has this been able to happen to my son? George’s death has affected every aspect of my life. It has left me with a constant feeling of emptiness and devastation. It will shadow my future forever and I know that my life will never be as it once was. It has shattered my family’s lives and changed everyone’s life who knew and loved George.”

Electrostatic Magic Limited, of Ivatt Way, Westwood, Peterborough, pleaded guilty to breaching Regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002 and Article 67 of the REACH regulation. The company was fined £67,000 and ordered to pay £7,231 in costs at Peterborough Magistrates’ Court on 19 January 2024.

HSE inspector Tom Pouncey said: “Our thoughts today are with the family of Mr Setchfield, a young man, who should have returned home safely to his family at the end of his working day, but because of the failings of Electrostatic Magic Limited, he did not, and his family are understandably heartbroken.”

“Awareness within the alloy wheel stripping industry of the importance of using appropriate control measures and the dangers of this cold stripping process needs to improve.

“Companies need to understand the dangers of working with hazardous chemicals and ensure employees are not unnecessarily exposed. Deaths can result from working with Dichloromethane-based stripping fluids. HSE will be inspecting businesses carrying out similar work to ensure suitable health and safety arrangements are in place. If they are not then HSE will take appropriate action.”

This prosecution was brought by HSE enforcement lawyer Jon Mack and supported by HSE paralegal officer Rebecca Forman.

Notes to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

A company director has been fined £5,000 after he falsified asbestos removal documents while his firm worked on a block of flats in Brighton.

Reliable Insulations and Fibre Control Ltd had been hired to remove asbestos at Abbotts Apartments, on King Street, when the company’s director, James Pett, created a fraudulent document claiming a 4-Stage Clearance had been completed on 26 September 2021.

A 4-Stage Clearance is required by law to ensure asbestos removal work has been completed safely.

With the asbestos removal work at the site running behind schedule, Mr Pett decided against using an independent company to check the work had been carried out safely, that the site had been properly cleaned, and it was safe to reoccupy.

Instead, he decided the falsify the 4-Stage Clearance certificate.

An investigation by the Health and Safety Executive (HSE) found that 72-year-old Mr Pett had used a previous authentic test certificate to create a fraudulent document to deceive other parties into believing that the 4-Stage Clearance had been completed, allowing further maintenance work to continue in the basement.

HSE has recently updated its webpages on asbestos safety and in 2023 launched an awareness campaign, Asbestos and You, which provides tradespeople with information about how to deal with asbestos on a job, and the personal risks from asbestos that still exist across the country today. The workplace regulator has also just launched its Asbestos: Your Duty campaign that aims to improve understanding of what the legal duty to manage asbestos involves.

James Pett, of Avenue Road, Erith, Kent, pleaded guilty to breaching Section 33(1)(m) of the Health and Safety at Work etc. Act 1974. He was fined £5,000 at Bromley Magistrates’ Court on 18 January 2024.

HSE inspector Russell Beckett said: “This was a reckless act by the director of a company whose sole job was to safely remove asbestos. Instead, he decided to deceive to try and speed up a job.

“Companies who are licensed to remove asbestos by the HSE are fully aware of risks associated with asbestos and the need to follow all precautions necessary to make sure areas where asbestos has been removed are safe for reoccupation, and this includes a 4-stage clearance test by an independent company.

“Exposure to asbestos is responsible for over 5000 deaths every year in the UK.

“This prosecution shows that HSE will not hesitate to take action against individuals who do not do all that they should to keep people safe.”

This prosecution was brought by HSE enforcement lawyer Rebecca Schwartz and supported by HSE paralegal officer Stephen Parkinson.

Notes to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.