A landlord has been given a suspended sentence of 26 weeks and electronically tagged for 4 months after putting the lives of her tenants at risk by not maintaining gas appliances at a property in Kent.

Dawn Holliday, 62, refused to undertake gas safety checks even after the Health and Safety Executive (HSE) took enforcement action against her.

Ms Holiday claimed to have no money for undertaking maintenance to the property, leaving the tenants with a very temperamental boiler that banged and often left the occupiers with no heating or hot water, as well as a condemned cooker for several years. However, an HSE investigation found that Ms Holliday was receiving full rent from the tenant for the property on First Avenue in Eastchurch, when the enforcement action was taken.

Despite the Improvement Notice served on Ms Holliday to undertake gas safety checks, she ignored this and further requests from HSE.  She also claimed the tenants had moved out and had not been paying rent, the investigation found this claim to be completely untrue.

On the 2nd September 2024 at Sevenoaks Magistrates Court, Dawn Holliday, of Golden Leas Holiday Park, Plough Road, Minster on Sea, pleaded guilty to three charges under Health and Safety at Work etc Act 1974 Section 21 and Gas Safety (Installation & Use) 1998 36(2) and 36(3) and was sentenced to imprisonment of 26 weeks, suspended for a period of 12 months, District Judge Leake also imposed an electronically monitored curfew on Ms Holliday at her address for a period of 4 months with the curfew hours of 20:00-06:00 and awarded HSE £750 in costs.  Additionally the Judge made a remediation order pursuant to section 42 of the 1974, for Ms Holliday to undertake the gas safety inspection required of her by the 6th December 2024.

The Prosecution was brought by HSE Enforcement Lawyer, Samantha Wells, assisted by paralegal Imogen Isaacs.

Speaking after the hearing, HSE Inspector Joanne Williams said: “We are dedicated to ensuring that landlords operate within the law and provide safe accommodation for tenants.”

“We do not tolerate disregard for health and safety and consider the non-compliance of HSE enforcement notices as a serious offence.

“In this case Ms Holliday chose to flagrantly ignore the support, guidance and warnings from HSE to assist her in compliance with the law and continued placing her tenants at serious risk of injury or even death.

“Wherever possible we will continue to work with landlords to improve health and safety.  However, we will not hesitate to take enforcement action where necessary and prosecute individuals who ignore warnings and the law.”

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 can be found here.

HSE is continuing to make enquiries into the fire at Spectrum House in Dagenham on Monday 26 August.

We remain in contact with first responders and we are working closely with colleagues in the London Fire Brigade on the way forward with our respective investigations, this engagement will be ongoing.

Inspectors from HSE’s Investigations and Building Safety divisions are attending site today, Thursday 29 August.

Background:

HSE continue to provide support to the emergency services and are working closely with colleagues in the London Fire Brigade (LFB) to progress our respective investigations and determine the areas that HSE will focus on within its remit under the Building Safety Act, 2022 and the Health and Safety at Work Act, 1974.

The building involved in the fire was a working site undergoing remediation and therefore a joint investigation team within HSE will work closely with the LFB, the Police and other parties including the local authority.

Areas to be considered for investigation include:

• how the cladding remediation works were organised and undertaken, and whether this was a factor in the fire
• whether the Principal Accountable Person for the building had discharged their duties under Part 4 of the Building Safety Act in relation to spread of fire.

Separately we are also engaging with the LFB to determine the circumstances of the fire that occurred at New Providence Wharf in Blackwell East London.

A wood recycling company has been fined after an employee was killed when he was struck by a wheel loader.

On 29 April 2019, Thomas Brooke was walking across the yard at John Brooke (Timber Treatments) Limited in Nottingham. A wheel loader, with its bucket raised, was operating in the yard along with other vehicles, but as the shovel moved forward, it collided with Tom who died from his injuries.

Tragically, Tom was working for the family company. At the time of the incident, Tom’s son Rupert was aged four. His wife, Jessica Brooke described Tom as a kind and caring person who was dedicated to his family and was loved by everyone who knew him.

In a statement, she said: “Our hearts are broken. The pain and suffering of his loss has been immense, and no words can describe the impact that his loss has had; both Rupert and I have been forever changed.

“We were partners in crime, soulmates and best friends and together took on whatever challenges life threw in our direction.”

Describing the relationship Tom had with Rupert, who is now nine, Jessica said: “From the moment that Rupert was born Tom was a natural father and Rupert and Tom had a very special bond. They were as thick as thieves, both being at their happiest when in the other’s company. Tom was a brilliant role model to Rupert in every respect; he was Rupert’s favourite person in the whole world and Rupert couldn’t have wished for a better father.

“I grieve the future that we will never have but also, and particularly, that Tom will never see Rupert’s future.”

The family have asked for their privacy to be respected at this difficult time.

An investigation by the Health and Safety Executive (HSE) found that John Brooke (Timber Treatments) Limited did not properly organise its workplace to keep pedestrians safe. There were no control measures, such as physical barriers, to prevent pedestrians accessing areas where loading shovels, lorries, forklift trucks and 360 grabs operated. It failed to properly assess the risks from operating machinery with reduced visibility and did not properly train, instruct and monitor employees.

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.

On 20 August 2024, John Brooke (Timber Treatments) Limited of Fosse Way, Widmerpool, Nottingham 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 at Nottingham Crown Court.  They were fined £22,500 and agreed to pay costs of £44,227.28.

Speaking after the sentencing, HSE inspector Lindsay Bentley said: “This has been a very difficult case for all concerned. However, those in control of work have a responsibility to implement safe methods of working. Had simple measures been taken, this tragedy could have been prevented. “

This HSE prosecution was brought by HSE enforcement lawyer Kate Harney 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 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 can be found here.
5. Link to relevant guidance: Workplace transport – HSE

To mark mental health awareness week, the Health and Safety Executive (HSE) welcomes new partners from the construction and entertainment sectors to join its Working Minds campaign.

Running a business in construction can be stressful with long hours and juggling intense workloads.

Meanwhile, the entertainment and leisure sector is a fast-paced and ever-changing industry, with many people self-employed, freelancing, or on short-term contracts. This can lead to uncertainty and unsociable hours.

Around half of all reported work-related ill health in Great Britain is due to stress, depression or anxiety . Whilst the causes can be due to difficult life events, they can also be caused by work-related issues or a combination of both.

In support of the Working Minds campaign, two new partners join the campaign to help promote support available to the construction and entertainment technology industries; The Scaffolding Association and Professional Lighting and Sound Association (Plasa). This takes the number of partners to a total of 35. They will be provided with the tools needed to promote good mental health in the workplace.

Mental health awareness week (13 – 19 May) is a pertinent time to remind employers and managers of the support that is available to help them to prevent work related stress, support good mental health in the workplace and meet their legal obligations to protect workers. Whether work is causing the health issue or aggravating it, employers have a legal responsibility to help their employees.

Elizabeth Goodwill, HSE Work related stress and mental health policy, said: “We spend a lot of time at work, and it can have both positive and negative effects on our mental health.

“We all have periods of good and poor health, both physically and mentally. It’s normal for people to have challenging times and, like any other work-related risk to health, risks to mental health should be included in risk assessments at work.

“Having regular conversations about work related stress and mental health helps to reduce stigma and encourages people to talk about their problems earlier. The earlier an issue is recognised, the sooner action can be taken to reduce or remove it.”

Find out more about the practical resources and support available from HSE’s Working Minds campaign including free online learning where employers can access step by step guidance in one place.

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Construction

Running a business in construction can be stressful with long hours, juggling intense workloads. According to Mates in Mind, workplace stress is being felt like never before within small, micro and sole trader businesses.

The Lighthouse Construction Industry Charity report that the highest number of calls to their helpline were from labourers.

Robert Candy, Scaffolding Association CEO, said: “Celebrating our commitment to mental health and workplace safety, we are proud to support the Health and Safety Executive Working Minds campaign. Working in the scaffolding sector can be challenging with a wide range of pressures that include finding skilled workers, maintaining a pipeline of work, and managing cash flow.

Robert adds: “At the Scaffolding Association, we firmly believe in fostering a culture of well-being and proactive support in the workplace. Through our partnership with the Working Minds campaign, we are reaffirming our dedication to promoting mental health awareness and providing support to our members in the scaffolding sector. Our members are undertaking some inspiring and innovative initiatives in this vital area, and we look forward to continuing our collaborative efforts to prioritise mental health.

Help is available

If you or someone you know needs help or support, reach out and ask how they are feeling and coping.

Working Minds Construction – Work Right to keep Britain safe

Every Mind Matters (NHS) offers a free personalised Mind Plan for tips and advice to help you look after your mental health. Just answer 5 questions online.

Mates in Mind charity can provide can also offer advice to organisations through their Supporter Programme or

• individuals can text “BeAMate” to 85258 to access free and confidential mental health support service from trained volunteers.
• download managing and reducing workplace stress handbook.
• Read the blog How are you really? by former MD, Sarah Meek.

The Lighthouse Construction Industry Charity provides free support services to any construction worker or their family including;

• 24/7 Construction Industry Helpline, call 0345 605 1956
• Text HARDHAT to 85258 f you’re uncomfortable talking and would rather text
• Free Construction Industry Helpline mobile app.

Every Mind Matters (NHS) offers a free personalised Mind Plan for tips and advice to help you look after your mental health. Just answer 5 questions online.

Entertainment 

The entertainment and leisure sector is a fast-paced and ever-changing industry, with many people self-employed, freelancing, or on short-term contracts. This can lead to uncertainty and long, unsociable hours.

Nicky Greet, Director PLASA Membership, Skills and Technical said: “PLASA fully supports the HSE Working minds campaign and is proud to be a campaign partner. For any business, people are the most important asset.”

Help is available

Entertainment and leisure – Work Right to keep Britain safe

Every Mind Matters (NHS) offers a free personalised Mind Plan for tips and advice to help you look after your mental health. Just answer 5 questions online.

Mental health resources for the entertainment and leisure sector include:

• Film & TV Charity: Confidential and free support for anyone working behind the scenes in film, TV, or cinema. Support Line 0800 054 0000.
• The Mark Milsome Foundation – Film and TV Online Safety Passport Course (90 minutes)
• Association of Event Venues – Heads up: your well-being tool kit
• Read the Blog from Mig Burgess, teacher, Creative Designer, and Production Technician on her summer commitment to learn more about work-related stress. Mig’s also produced a guidance note for The Association of British Theatre Technicians.

For National Apprenticeship Week this year, we are shining a light on the talented apprentices within the Health and Safety Executive and showing the positive impact they have, for both the individual and the organisation.

The theme for National Apprenticeship Week 2024 is “Skills for Life”; reflecting on how apprenticeships can help individuals develop the skills and knowledge required for a rewarding career. But also, how greater use of apprenticeships can help HSE to develop a talented workforce that is equipped with future-ready skills.

We interviewed two apprentices at very different stages of their careers. This is what they had to say…

Anne Strype, Health and Work Branch

My name is Anne Strype. I am a 47-year-old mum of 2 and I have worked as a Policy Advisor in HSE for 15 years.

I never dreamed I would be able to achieve a degree at my stage in life, so when the opportunity was suggested to me (by my line manager at the time) I jumped at the chance.

I did a Level 6 Chartered Management Degree Apprenticeship. This included modules such as Operational Strategy, Project Management, Communications, and Leadership. These areas are highly relevant to a policy role, and I was able to incorporate the skills I have learnt into my work very quickly.

I am not naturally academic, but I tackled it one module and one assignment at a time. I have to admit, it was extremely challenging trying to balance a high-paced policy role, my training with QA, and my family life.

However, as the course progressed, the skills I was learning through my apprenticeship helped me with this, and I have built confidence along the way. I also had great support from my apprenticeship skills coach who was always there for me through the highs and the lows with great advice and guidance.

I am pleased to say I graduated in October 2023 with the Awards Ceremony held at the Southbank Royal Festival Hall in London which was an AMAZING experience!

I am extremely proud of my achievement of a 2:1 in my Degree and Distinction in my Apprenticeship and so grateful for the opportunity that was offered to me by HSE. I highly recommend anyone considering an apprenticeship to go for it. You won’t regret it.

Jake Rutherford, Operational Support

I’m Jake Rutherford, I am 18 years old and I started at HSE two days ago!

It’s a bit surreal that I have started my apprenticeship during National Apprenticeship Week, but I’m hoping to get a lot out of this apprenticeship at HSE.

I left college last year and started working in a pub which I did enjoy however it wasn’t regular work and it didn’t provide me with a good work-life balance due to working late nights and weekends. I also couldn’t see a career or longevity, I wanted something that would give me a career.

I spoke to a few family members as my Mum and two of my cousins work in the Civil Service and told me about the apprenticeships they offer. So, I looked on the Civil Service Jobs website and found this administrative support apprenticeship at HSE.

I didn’t know much about health and safety but since starting it’s mind-blowing how much HSE covers from the inspections and investigations to our science and research.

Everyone is very friendly and I haven’t been thrown in the deep end, I’ve felt very supported by my team. I’m excited to get stuck into my role and working the investigations team on their reporting, it sounds so interesting!

As it’s only day three, I’m not entirely sure what my career path within HSE or the Civil Service might be, but I’m excited to see where and what I’ll be doing once I finish my apprenticeship.