Press release

Company fined after worker’s skull fractured

A company in Salford has been fined £160,000 after a worker fractured his skull during the refurbishment of a property in central Manchester.

Dean Noble, from Wythenshawe, fell while working at a premises on Oldham Street on 11 December 2020.

The 53-year-old had fallen through a gap in the balustrade that was erected around an opening on the ground floor and landed in the basement three metres below.

Mr Noble sustained multiple fractures to his skull and femur and has been unable to return to work since the incident. He says his life has completely changed since the incident and now relies heavily on his wife Karen.

A Health and Safety Executive (HSE) investigation found Cubicworks Ltd, the principal contractor for the refurbishment, had failed to ensure there was adequate edge protection in place to prevent falls in the ground floor area where Mr Noble fell.

In this particular incident suitable guard rails or barriers should have been in place. Employers must assess the risk from work at height and go on to organise and plan the work, so it is carried out safely. HSE has guidance when working at height: Construction – Working at height industry health & safety (hse.gov.uk)

Mr Noble said in his victim personal statement: “My life has totally changed. Before the accident, I was very active, I worked away a lot and as part of my job I was up and down ladders installing security cameras which I had done for 25 years.

“Prior to the accident, I used to play five-a-side football at least once a week with my mates and I played golf a couple of times a month with my friends. As I’m unable to play these sports, my social life has a changed a lot.

“Everyday things, like making a cup of tea, requires me to concentrate.  I can read text messages and letters, but I can’t retain that information so I have to rely on Karen to read them and write them down in the diary. I rely on Karen to help me to function on a day-to-day basis.”

Cubicworks Ltd, of Spinnaker Court, Broadway, Salford, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £160,000 and ordered to pay £3,815.85 in costs at Manchester Magistrates’ Court on 28 February 2024.

HSE inspector David Norton said: “This was a very serious incident, and it is fortunate nobody was killed as a result.

“The incident highlights the importance of undertaking a thorough assessment of the risks for all work at height activities, and the need to ensure suitable and sufficient control measures are implemented to minimise the risk of serious personal injury. Principal contractors must ensure such control measures are in place throughout the duration of the work.”

This HSE prosecution was brought by HSE enforcement lawyer Jonathan Bambro.

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.

Recycling firm fined after dad killed by shovel loader

A recycling company in Wales has been fined £300,000 after a father-of-two was killed by a shovel loader.

Anthony Bilton, from Barry, Vale of Glamorgan, lost his life on 4 September 2019 when he was run over from behind by a Volvo shovel loader at Atlantic Recycling Limited’s Atlantic Ecopark site in Cardiff.

The 59-year-old had been on his way to undertake routine maintenance tasks when the tragic incident happened, while walking across the wood processing yard.

Health and Safety Executive (HSE) inspector Rhys Hughes said Atlantic Recycling failed to ensure pedestrians and vehicles were separated at its site.

The HSE investigation also found that although a risk assessment had been produced prior to the work commencing, it was not suitable nor sufficient and did not include work taking place in the wood yard. Additionally, the risk assessment should have identified there was a risk to pedestrians where there were moving vehicles.

Every workplace must be safe for the people and vehicles using it and traffic routes must be suitable for the people and vehicles using them. HSE has guidance on workplace transport with advice on keeping traffic routes safe and separating people from vehicles.

Anthony’s son, Jason, says his life was “torn to shreds” following the passing of his dad.

He said: “It took over three hours for me to be notified that my dad had been killed in a work accident. I started to become concerned when he weren’t home from work at his usual time and failed to answer the phone. I remember thinking about popping by his workplace to see him whilst on my journey home from Telford, where I’d been for the past few days, but decided against it as I was exhausted from traveling.

“Had I gone to see him, I would’ve arrived at Atlantic Recycling between 3:30-4pm, he was killed around 4:10pm. Every day I deal with thoughts that: ‘If only I’d stopped to see him, he could still be alive today.’

Jason and Anthony Bilton

“There will never be real closure for my dad’s death as it should never have happened, not the way it did. My life was torn to shreds within a few hours and to this day I’m still dealing with the consequences and emotional impact.”

Atlantic Recycling Limited, of Newton Road, Rumney, Cardiff, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £300,000 and ordered to pay £29,917.47 in costs at Merthyr Tydfil Magistrates’ Court on 28 February 2024.

HSE inspector Rhys Hughes said: “This tragic incident led to the death of a father of two and could have been prevented. Atlantic Recycling Ltd should have identified, and controlled the risks involved with using large plant and vehicles in line with HSE guidance.

“A safe system of work should have been in place, ensuring that pedestrians and vehicles were segregated. This is sadly a common cause of fatal incidents in this sector. The most effective way of protecting pedestrians in any workplace is to make transport routes entirely separate.”

This prosecution was brought by HSE enforcement lawyer Matthew Reynolds and supported by HSE paralegal officer Helen Jacob.

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.

 

BSR launches campaign for residents of high-rise buildings

The new regulator is asking all those living in tall buildings in England to be aware of how new Building Safety laws affect them. These laws protect and empower people living in high-rise residential buildings (HRBs) to take part in safety decisions that affect them – as well as providing a clear process for reporting safety concerns. This is a major milestone in the journey towards safer high-rise living, placing residents’ rights front and centre.

The Building Safety Act provides a framework for ensuring the safety of residents living in HRBs – these are buildings 18 meters or seven or more floors in height containing at least two residential units. They are defined as ‘higher-risk’ under the Act. Residents of these buildings are urged to find out more about how the new law affects them.

Every high-rise building is now required to have a Principal Accountable Person (PAP), ensuring that those responsible for managing the building’s safety can be held to account for fulfilling their legal obligations.

The enhanced residents’ rights include:

The legislation empowers residents to report safety concerns, assured that their grievances will be taken seriously. Clear protocols are in place for expressing concerns or making a complaint. Residents can raise concerns and issues to the PAP for their building.

Operating within the Health and Safety Executive, the BSR is a crucial part of the Government’s response to the Grenfell fire tragedy. An essential element of the new regulator’s role is to ensure the safety of high-rise residential buildings.

Philip White, Director of Building Safety at the Health and Safety Executive, said: “Residents are at the heart of our regulatory efforts. It’s vital for us to amplify their voices and to recognise the role they play in the safety of their buildings. Safety standards in high rise buildings must be assessed and managed by the Principal Accountable Person (PAP). The regulator will review how the building is managed and whether the PAP has complied with their duties.

“Our residents panel members represent the diverse resident community in high-rise buildings. They provide valuable insights based on their real-life experiences of living in a high-rise building. This engagement contributes significantly to our regulatory programme for HRBs.

The residents’ panel welcomes the new measures empowering high-rise residents. They are encouraged by the assurance that residents can speak up with confidence, knowing that their voices will not only be heard but also that their concerns will be considered fully.”

Marlene Price BEM, a member of the BSR Residents Panel, says: “Everyone should feel safe in their home, including the millions of people who live in high-rise buildings. The Building Safety Regulator is working to make this ambition a reality.”

Visit the Building Safety Regulator campaign website to learn more about BSR’s work to make buildings in England safer.

Notes to Editors:

  1. About BSR: The Building Safety Regulator (BSR) is an independent body established by the Building Safety Act, 2022, and is part of the Health and Safety Executive (HSE). BSR will raise building safety and performance standards and oversee a new stringent regime for high-rise residential buildings, as well as overseeing the wider system for regulating safety and performance of all buildings and increasing the competence of relevant regulators and industry professionals.
  2. About HSE: 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.
  3. About the Building Safety Act, 2022: The Building Safety Act gained Royal Assent on the 28 April 2022 and makes ground-breaking reforms to give residents and homeowners more rights, powers, and protections. The Act overhauls existing regulations, creating lasting change and makes clear how residential buildings should be constructed, maintained, and made safe.
  4. For media enquiries, interview requests, or additional information, please email: media.enquiries@hse.gov.uk – interviews will be available on a first come, first served basis.

Company and director fined after worker seriously injured

A company and its director have been fined after an employee was injured from a fall during the construction of eight new houses in Lichfield, Staffordshire.

The man, employed by Alba Construction (Midlands) Limited, had been working in one of the new properties on the former site of The Greyhound Inn on Upper St John Street when he fell through an open stairwell on 27 February 2022.

The open stairwell

He fell onto the concrete floor below where he was found unconscious.

A Health and Safety Executive (HSE) investigation found Alba Construction (Midlands) Limited had identified the risk of internal falls in their risk assessment process but failed to provide suitable measures to prevent them in this and other areas of the site. After the incident, three Prohibition Notices were served prohibiting further work at height activities on site until such steps had been taken.

The HSE investigation also found that company director, Bujar Cekrezi, failed to ensure that the necessary health and safety measures were implemented to protect employees and others, despite previous HSE interventions regarding work at height.

Had the company put in place commonplace measures, such as birdcage scaffolding, or fixed edge protection around the stairwell openings, the incident could have been prevented. HSE guidance can be found at: Construction – Working at height industry health & safety (hse.gov.uk)

Alba Construction (Midlands) Limited, of Stoney Lane, Yardley, Birmingham, pleaded guilty to breaching Regulation 6(3) of the Working at Height Regulations 2005. The company was fined £40,000 and ordered to pay £1,857.96 in costs at Kidderminster Magistrates’ Court on 27 February 2024.

Bujar Cekrezi, of Croydon Road, Birmingham, pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc. Act 1974. He was fined £2,000 and ordered to pay £1,857.96 in costs at Kidderminster Magistrates’ Court on 27 February 2024.

HSE inspector Sinead Martin said: “This incident could have been prevented had the company properly planned the work at height and identified and implemented suitable control measures, such as a birdcage scaffolding or fixed edge protection to prevent falls through the open stairwells.

“Falls from height are the number one cause of serious injury and death in the construction industry and the employee was very lucky to have survived this incident.”

This HSE prosecution was brought by HSE enforcement lawyer Nathan Cook and supported by HSE 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.

Unregistered plumber handed suspended prison sentence

An unregistered plumber has received a suspended prison sentence after he carried out illegal gas work at a house in Peterborough.

Anthony Rice, trading as Rice Plumbing and Oil Heating, attended the property on Edwalton Avenue on 31 January 2023 where he replaced a gas boiler and altered gas pipe work. However, Rice accidentally connected the gas supply with water, meaning the property’s gas pipes and gas meter were flooded.

Gas engineers from Cadent later attended the property and were required to pump water from the emergency control valve and replace the gas meter. The engineers classed the gas boiler Rice had installed as immediately dangerous, capped off the gas supply before notifying the Health and Safety Executive (HSE).

A HSE investigation found that Anthony Rice has never been registered with the Gas Safe Register – a legal requirement. He also held no qualifications nor completed any training in gas work.

HSE has guidance for gas consumers and what they need to know in ordered to manage gas appliances and equipment safety as well as what you need to do in an emergency. To find out more click here: Gas – HSE

To find out if an engineer is legally permitted to carry out gas work, click here: Gas Safe Register

Anthony Rice, of Fullbridge Road, Werrington, Peterborough, pleaded guilty to contravening Regulations 3(1) and 3(3) of the Gas Safety (Installation and Use) Regulations 1998, contrary to Section 33(1)(c) of the Health and Safety at Work etc. Act 1974. He was sentenced to six months in prison, suspended for six months, and ordered to pay £3,000 in costs at Peterborough Magistrates’ Court on 26 February 2024.

HSE inspector Adam Johnson said: “Anthony Rice undertook gas work which he was not registered to do. All gas work must be conducted by registered Gas Safe engineers to ensure the highest standards are met to prevent injury and loss of life.”

This HSE prosecution was led by HSE enforcement lawyer Matthew Reynolds.

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.

Care home fined following death of vulnerable resident

A care home operator has been fined £400,000 for safety breaches, following the death of a vulnerable resident at a care home in Scotland.

On the night of 16 December 2021, Susan Greens, a resident at Springfield Bank Care Home, could not be found on the premises.

Springfield Bank Care Home

Following a search around the site in Bonnyrigg near Edinburgh, care assistants found the 95-year-old in her nightwear lying in an external courtyard.  Mrs Greens had fallen and struck her head in the courtyard where she had been in the cold for some time.

She was admitted to Edinburgh Royal Infirmary and sadly died in hospital two days later.

An investigation by the Health and Safety Executive (HSE) found Mrs Greens died because she was able to access the courtyard while unsupervised and had fallen, spending up to an hour and a half outside before staff came to her aid.

Springfield Bank Care Home is run by HC-One Ltd and is a purpose-built care home offering nursing and nursing dementia care.

Guidance on Health and safety in care homes (hse.gov.uk) is available helping those providing and managing care homes a better understanding of the real risks and how to manage them effectively.

At Edinburgh Sheriff Court on 22 February, care home provider HC-One Limited of Archer Street, Darlington pleaded guilty to breaching Regulations Section 3(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974. They were fined £400,000.

Speaking after the case, HSE inspector Kerry Cringan said: “This error cost a vulnerable old lady her life – families think that their loved ones will be safe in care.

“This was tragic and wholly avoidable. Had the doors been kept locked at night or had there been a system where staff would be told if the doors to the courtyard had been opened, the accident could have been avoided.”

 

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.

Company fined after worker injured by 300kg batteries

A recycling company in West Yorkshire has been fined £120,000 after batteries weighing at least 300kg fell onto an employee and severely injured him.

The man was working with two colleagues at Wastecare Limited’s site on North Dean Business Park, Halifax when he was struck by the batteries being recycled on 22 March 2019.

The three workers had been restacking the batteries that were stored in Flexible Intermediate Bulk Containers (FIBCs) after it had toppled over.

However, the FIBCs started to rip in front of them leading to the batteries falling on to one of the workers.

He suffered a double compound fracture to his lower right leg, a fracture to the left tibia, a fractured right collar bone, some bruising to his ribs and a cut on his forehead.

A Health and Safety Executive (HSE) investigation found Wastecare Limited failed to ensure the health, safety, and welfare of its employees at work. The site was overstocked, bags of batteries had been stacked in an unsafe manner and there was no specific documented risk assessments or safe systems of work for the correct stacking and storage of batteries. This was not an isolated incident.

HSE guidance says FIBCs must not be stacked unless the FIBC is designed to be stacked and only then should it be stacked in either a pyramid form or against two walls. Learn more about HSE guidance here: Waste Management: Frequently Asked Questions (hse.gov.uk)

Wastecare Limited, of Normanton Industrial Estate, Normanton, West Yorkshire, pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc Act 1974. The company was fined £120,000 and ordered to pay £4,937.39 in costs at Leeds Magistrates’ Court on 21 February 2024.

HSE inspector Jackie Ferguson commented: “There are specific Industry Standards and Guidance relating to Flexible Intermediate Bulk Containers (FIBCs) which provides users with information on a range of aspects relating to their use including filling, discharging, handling and storage.

“This incident could so easily have been avoided by implementing simple control measures and safe working practices to ensure the batteries were stacked safely and securely. The industry 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 Samantha Crockett 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.

 

HSE to lead investigation into death of Michael Jones

The investigation into the death of Michael Jones at Bramley Moore is now being led by the Health and Safety Executive (HSE).

Michael, who was 26, was killed while working on the construction of Everton Football Club’s new stadium on 14 August 2023.

The involvement of Merseyside Police has now concluded. HSE will now lead the criminal investigation.

HSE inspector John Padfield said: “We have been a part of this inquiry from the outset and we will continue to thoroughly investigate Michael’s tragic death as the lead agency

“This will aim to establish if there have been any breaches of health and safety law.

“We are in regular contact with Michael’s family and our thoughts remain with them at this time.”

 

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. Further details on the latest HSE news releases is available.

Livestock focus as national campaign bids to improve safety on Britain’s farms

Incidents involving livestock were the number one cause of work-related deaths on British farms.

The finding has driven the Health and Safety Executive (HSE) to focus on the dangers of livestock as its Your Farm, Your Future campaign relaunches today, Monday 19 February 2024.

HSE statistics show being injured by an animal was the number one cause of work-related deaths on British farms in 2022/23, when there was a total of eight such deaths.

Injury by animal was the leading cause of death on British farms last year

Agriculture remains one of the most dangerous of all the main industrial sectors across the country.

Last year’s campaign by HSE focused on transport safety, and today the organisation has relaunched the campaign with new advice on working with livestock, hosted on its Your Farm Your Future campaign website, to assist farmers and workers and keep them safe.

There are sensible measures that can be taken to keep animals and people apart but handlers should be in good health, agile and have the physical ability to do the work.

Together, livestock and farm vehicle incidents account for around a half of all work-related deaths on British farms in the past five years. A total of seventy-seven people lost their lives, with each death leaving a devastating legacy on families. Hundreds more are hurt in incidents involving moving vehicles and cattle on farms. Incidents involving moving vehicles remains the leading cause of death over the last five-year period.

Adrian Hodkinson, agriculture lead at HSE, said: “Working with cattle and using vehicles are two very common activities in farming, but they bring with them a high risk of being very badly hurt.

“This campaign is focused on work with livestock and aims to stress how important it is to take sensible measures to keep animals and people apart. At the same time we’ll be continuing to highlight the key things for safe use of farm vehicles in and around the yard and sheds, but also out in the fields when checking, feeding, moving and caring for your herd.”

Adrian Hodkinson, agriculture lead at HSE

“For example, ATVs (or farm quads) are commonly used on livestock farms. HSE has looked at the reported incidents and many show the user was doing something in relation to farming the animals at the time of the overturn or crash. That’s why we are looking at raising awareness of both cattle safety but also farm vehicle safety.

“Agriculture consistently has a high rate of fatal and serious injuries of all main industry sectors in Great Britain. Over the past five years, the average fatal incident rate is twenty-one times higher in agriculture than the average across all other industries. That is a shocking statistic and sadly the impact on every affected farm is huge. Sometimes I see the incident leads to farming work stopping all together, as the key person has life changing injuries and can no longer work”

“It’s time for us to make a change together to make our farms safer, and that’s why we’re asking farmers in England, Scotland and Wales to consider these areas of their daily farming activities and take the right actions to prevent another farming tragedy.”

This year’s campaign will focus on livestock as well as farm vehicles

To support farmers HSE has created new webpages and a checklist for working safely with livestock – aimed at those new to farming, and to serve as a reminder of what to consider for experienced farmers. The advice covers three areas:

Adrian Hodkinson added: “We understand the significant pressures faced by British farmers and want to support the farming community to show that safety on the farm doesn’t need to be difficult or expensive. There are simple steps you can take today to help keep you and everyone on your farm safe.

“Farmers and farm workers should take a moment to think about what would happen to their families and their farms if they were seriously injured and unable to work.

“When people on farms start their daily routine, they should follow our advice to help plan the job and complete it safely.”

 

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. Further details on the latest HSE news releases is available.
  3. Further details about HSE statistics and the labour force survey is available.
  4. Further advice, videos and free resources Work Right Agriculture – Work Right to keep Britain safe

Engineering company fined after workers loses two fingers

An engineering firm in Perth has been fined £10,000 after an employee lost two of his fingers.

The worker, employed by Edwards Engineering (Perth) Limited, had been carrying out maintenance work on a grain dryer at East of Scotland Farmers on 28 June 2020.

He inadvertently placed his hand into the blades of an unguarded rotary fan in the grain dryer. The fan was rotating at 1200 revolutions per minute when it came into contact with the worker’s hand.

This led to his little and ring fingers being amputated. He was off work for seven weeks following the incident.

A Health and Safety Executive (HSE) investigation into this incident found Edwards Engineering (Perth) Limited had failed to risk assess the task that the employees were required to undertake. On the day of this incident, there was no risk assessment for the work to be done nor was there any safe working procedure.

It’s important that clear information is given to workers when using machinery. Steps must be taken to prevent access to dangerous parts of machinery. HSE guidance can be found at: Provision and Use of Work Equipment Regulations 1998 (PUWER) (hse.gov.uk).

Edwards Engineering (Perth) Limited, Glenearn Road, Perth pleaded guilty to breaching Regulation 22 of The Provision and Use of Work Equipment Regulations 1998. The company was fined £10,000 at Perth Sheriff Court on 16 February 2024.

HSE principal inspector Fiona MacNeill said: “This incident could so easily have been avoided by simply  following a safe working procedure which would have prevented access to dangerous moving parts.

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

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.