Press release

Cosmetics firm fined after HSE inspection found serious failings

A cosmetics company in Yorkshire has been fined more than £50,000 after an inspection by Britain’s workplace regulator uncovered serious electrical failings.

Inspectors from the Health and Safety Executive (HSE) conducted an unannounced inspection at the premises of Sabel Cosmetics Limited on Pellon Lane in Halifax on 5 July 2022.

During the visit, the inspectors uncovered electrical deficiencies that posed serious risks of both electric shock and electrocution to workers.

HSE found there was a systemic failure within the company to address the risks identified with the electrical systems

A subsequent investigation by HSE found there was a systemic failure within the company to address the risks identified with the electrical systems. The inadequate construction and maintenance of the electrical system at the premises presented an immediate risk of employees coming into direct contact with exposed live parts on equipment and machinery within the company premises. The company allowed the breaches to subsist over a long period of time.

Sabel Cosmetics Ltd of Pellon Lane, Halifax, West Yorkshire pleaded guilty to breaching  Regulation 4 (1) of the Electricity at Work Regulations 1989. The company was fined £56,695 and ordered to pay £5,949 in costs at Leeds Magistrates Court on 10 October 2024.

After the hearing, HSE inspector Andrea Jones commented: “This case shows the importance of HSE inspections to help ensure health and safety risks are being managed effectively and protect people at work.

“It is essential that electrical wiring installations and electrical equipment are constructed and maintained in a safe condition to prevent injuries or even worse, death.

“In this case, simple inexpensive steps could have been taken to remedy the most serious defects, instead the company’s inaction has resulted in more than £60,000 in fines and costs.”

 

Notes to editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  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. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.
  5. HSE guidance about electrical safety is available.

World Mental Health Day: “Employers risk losing valued employees if stress is not managed”

Bosses across the whole of Great Britain have been warned that they risk losing valued team members if they fail to manage their workers’ stress levels in the workplace.

The Health and Safety Executive (HSE) is reminding British employers of their legal duties on World Mental Health Day (10 October).

HSE’s Working Minds campaign provides readily-available and free resources for employers to help recognise the signs and tackle the root causes of stress.

Around half of work-related ill health is down to stress, depression or anxiety with each person suffering taking an average of 19.6 days off work.

Kayleigh Roberts, Work-Related Stress Policy Lead at HSE, has urged employers to use World Mental Health Day to take the time to assess whether they are carrying out their legal duties and what they can do to prevent employees suffering from work-related stress.

She said: “We find many businesses focus on the ‘nice to have’ rather than making changes that will have a real impact. That means creating working conditions and an environment that prevents stress and supports good mental health – designing jobs with realistic workloads and targets, and encouraging people to have a healthy work-life balance.

“Prevention is better than cure – employers need to get proactive on reaching out and recognising the signs and causes of stress and bubbling issues in teams before they become problems. If you suspect you already have a problem, tackle it, it can be daunting but it’s important to address the root cause.

“Failing to manage stress at work could lead to reduced productivity, sickness absence, or even losing a valued member of the team. Our Working Minds campaign has all the resources you need to make a change. You can get started in your own workplace, and you can share the resources to help others to thrive.”

Launched in November 2021, Working Minds now has 35 partners, who have joined HSE’s campaign urging workplaces to take action on work-related stress and mental health.

Working Minds helps employers to follow five simple steps based on risk assessment. They are to Reach out and have conversations, Recognise the signs and causes of stress, Respond to any risks you’ve identified, Reflect on actions you’ve agreed and taken, and make it Routine.

There are six main areas that can lead to work-related stress if they are not managed properly. These are: demands, control, support, relationships, role and change. Factors like skills and experience, age, or disability may all affect someone’s ability to cope.

HSE has a free online learning tool for businesses with over 9,000 people already registered with over 90% saying it was easy to use and felt they could implement what they learned in their organisation.

Helpful resources:

Notes to editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. To read more about HSE’s Working Minds campaign click here
  3. For press and media enquiries please contact media.enquiries@hse.gov.uk

Crown Censure issued following death of soldier

The Health and Safety Executive (HSE) has on, Thursday 3 October, issued the Ministry of Defence (MoD) with a Crown Censure following the death of a reservist soldier in Yorkshire.

Staff Sergeant John McKelvie of Drongan in Ayr, was killed after the Jackal vehicle he was driving rolled multiple times down a steep hill at Catterick Training Area on 29 January 2019.

At the time of the incident, the 51-year-old had been taking part in Jackal driver training with five other Army reservists. The off-road aspect of the training included a number of ascents and descents of steep inclines either side of a valley on land known as ‘The Land of Nod’. It was when attempting one of these ascents that the Jackal lost traction and rolled backwards, throwing one of the course leaders from the vehicle as it did so. Staff Sergeant McKelvie remained in the vehicle suffering serious injuries as it rolled. Despite being airlifted to hospital, he died six days later.

Staff Sergeant John McKelvie

John’s sister Jacqueline Welsh (pictured below), provided a statement on behalf of the family, which said:

“John was a very outgoing person who loved spending time with his family.

“He was always there for you whenever you needed him.

“He loved his motorbike, and he loved sport and the outdoors. He was full of action!”

John with his sisters Jacqueline Welsh (left) and Cheryl Scott (right)

An investigation by the HSE identified that the training course involved hazardous activities, which gave rise to the potential for the vehicle to roll. This meant those taking part in the training were exposed to risk – however, that did not mean the activity itself should not have taken place. There were other steps that should have been taken to control the dangers with driving the vehicles, however these were not undertaken.

It also found a failure in oversight, meaning the course programme devised progressed too quickly and prevented trainees from developing the necessary expertise and skills before attempting more challenging obstacles on the off-road element of the course.

The risk assessments were not suitable and sufficient, and despite numerous previous ‘rollover events’, the Army failed to foresee what could go wrong.

The investigation also found that standing orders and directions had not been properly followed.

HSE inspector Mark Slater said: “All training, including that which is required to be as realistic as possible, should be planned, risk assessed and executed in such a manner that it does not endanger those who are involved.

“Had the systems implemented by the Army been more robust, Sergeant McKelvie would probably still be alive today.”

This HSE Crown Censure was brought by HSE enforcement lawyer Nathan Cook 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. hse.gov.uk
  2. The MoD cannot face prosecution in the same way as non-Government bodies and a Crown Censure is the maximum sanction for a government body that HSE can bring. There is no financial penalty associated with Crown Censure, but once accepted is an official record of a failing to meet the standards set out in law.
  3. More information on Crown Censures can be found here: http://www.hse.gov.uk/enforce/enforcementguide/investigation/approving-enforcement.htm [1]
  4. The Code for Crown Prosecutors [2] sets out the principles for prosecutors to follow when they make enforcement decisions. HSE’s approach to Crown Censure is set out in its enforcement policy statement[3].
  5. Following investigations by North Yorkshire Police and the Royal Military Police, the Health and Safety Executive (HSE) was handed primacy of the investigation in December 2020.
  6. The Crown Censure was issued on 3 October 2024 during a meeting held at the Army HQ in Andover. General Sir Roly Walker formally accepted the Crown Censure from HSE on behalf of MoD (Army) and acknowledged the offences and deficiencies that led to the death of Staff Sergeant McKelvie.

Leading sandwich bread baker fined after worker loses finger

A nationwide bakery has been fined more than £360,000 after one of its employees lost a finger in machinery at a site in Northamptonshire.

Jacksons Bakery, a leading supplier of bread used in the commercial making of sandwiches, was given the fine after an engineer had a finger on his right hand caught in a flour sifting machine.

The then 31-year-old was assisting colleagues as they attempted to maintain the machine by clearing a blockage at the plant in Corby on 2 February 2023. Following removal of a guard, as the engineer assisted with the task, he checked the tension of a drive belt and his hand got pulled around the bottom pully which resulted in the amputation of part of his right middle finger.  The engineer was unaware that the machine had been switched back on.

The worker caught a finger in the pully on a flour sifter machine

An investigation by the Health and Safety Executive (HSE) found that Jacksons Bakery Limited failed to ensure, so far as is reasonably practicable, the health, safety and welfare of all their employees.

In this instance there was a failure to implement a safe system of work ensuring that machinery was isolated and then locked off during maintenance work when fixed guards would be removed.

Additionally, HSE found that engineers were unclear on when to isolate and ‘lock out tag out’ machines due to an absence of adequate training and instruction – and the fact that it was custom and practice to not robustly isolate and lock off illustrated an absence of adequate supervision and monitoring.

Jacksons Bakery Limited of The Riverside Building, Liverstone Road, Hessle, East Yorkshire, HU13 0DZ, pleaded guilty to contravening a requirement of section 2(1) of the Health and Safety at Work etc Act 1974.

The company was fined £366,666 and was ordered to pay £5,386 costs at a hearing at Wellingborough Magistrates Court on 3 October 2024.

After the hearing, HSE inspector Rebecca Gibson said “This unnecessary incident highlights the duty on employers to ensure that there are robust procedures in place relating to maintenance activities.

“If an appropriate ‘lock out tag out’ procedure had been produced and implemented and with suitable training, the serious injury would have been avoided.”

This prosecution was brought by HSE enforcement lawyer Samantha Wells and supported by HSE paralegal, Rebecca Withell.

 

Notes to editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  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. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.
  5. HSE guidance on machinery safety is available.