Fine for MOT testing centre after child crushed by car
An MOT Testing centre in Finsbury Park has been fined £10,000 after a child sustained life changing injuries after being hit by a car and crushed.
A 14-year-old boy was with an adult, sitting down, waiting for an MOT to be conducted at New Auto Tech Limited on 4 May 2022. The chair was situated in front of the brake rollers, however, as the MOT technician attempted to move the car in reverse, the vehicle was driven forwards off the brake rollers, crushing the child against the wall.
The boy required immediate hospital treatment, having sustained multiple pelvis fractures. They were off school for over a year and bed bound for three months following the incident.
There are many known risks associated with the motor vehicle repair industry and detailed HSE guidance is available.
The child had been sitting down and waiting with an adult for the MOT to be completed
An investigation by the Health and Safety Executive (HSE) found that New Auto Tech Limited had failed to ensure that members of the public were in a safe area when vehicles were being moved.
The MOT Centre had a designated ‘viewing area’ to the side of the brake roller bay. This was a painted box on the floor with a chair placed inside it. However there were no protective barriers and the business failed to stop customers from moving out of this area into parts of the workshop where vehicles were moving.
New Auto Tech Limited of Alroy Road, London, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 for its failure to ensure the health, safety, and welfare of those not in its employment. The company was fined £10,000 and ordered to pay costs of £6,810 following a hearing at Westminster Magistrates Court on 10 January 2025.
After the hearing, HSE inspector Michelle Morphy said: “This case sends a clear message to MOT Test Centres that HSE will hold them to account if they fail to protect both workers and members of the public.
“On this occasion, they failed to protect a child, by allowing them to move from their allotted viewing area into an operational area, which should have been restricted to workers only.
“As such the child was seriously injured in a totally avoidable incident.”
This HSE prosecution was supported by HM inspector Oscar Dower and brought by enforcement lawyer Jayne Wilson and paralegal officer Lucy Gallagher.
Notes to editors:
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.
More information about the legislation referred to in this case is available.
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.
Stone company fined after repeatedly failing to protect workers
A company that produces stone products and its director have been fined a total of just under £20,000 after repeatedly failing to protect workers from exposure to Respirable Crystalline Silica (RCS).
The Health and Safety Executive (HSE) carried out several inspections on Warmsworth Stone Limited, which produces carved stone masonry products using limestone, sandstone, granite and marble, at the company’s site at Knabs Hill Farm on Clayton lane in Thurnscoe, starting in May 2023.
Photos taken at the scene by HSE show the extent of the dust.
Following these inspections, the company was served with seven improvement notices, which covered several failures including exposure to stone dust, control of legionella bacteria and inadequate welfare facilities.
When HSE inspectors returned in September 2023, five of the improvement notices had still not been complied with – despite the company being given an extension to do so following another visit in August.
The company had shown reckless disregard of several health and safety issues including the assessment and control of respirable dust, and the company’s standard of health and safety management was far below what is required by health and safety law, leading to HSE’s proactive prosecution for failure to control the exposure of workers to RCS.
The company ignored enforcement notices served against them by HSE
Stone workers are at risk of exposure to airborne particles of stone dust containing RCS when processing stone, by cutting, chiselling and polishing. Over time, breathing in these silica particles can cause irreversible, life-changing and often fatal respiratory conditions such as silicosis, chronic obstructive pulmonary disease and lung cancer. HSE provides a range of guidance for stone workers Stoneworkers: Health and safety topics.
The company failed to protect its workers from exposure to RCA dust
After the hearing the HSE inspector Charlotte Bligh said: “The company management responsible for health and safety were neither informed nor competent enough to carry out their role under the law.
“Over time, the basic measures to secure the health of all on site had not been taken, there had been no attempt to assess health risks and existing control measures had not been properly maintained.
“The company failed to take the initiative in health and safety matters and seek guidance, instruction and competent advice on implementation and communication of those measures necessary to control the risks at the site.
“The provision of suitable protection for worker’s health is a basic requirement that this company has failed to meet. HSE will not hesitate to take appropriate action against those that fail to comply with the requirements of enforcement notices.”
Warmsworth Stone Limited of 1-3 Sheffield Road, Warmsworth, Doncaster, South Yorkshire pleaded guilty to breaching section 21 of Health and Safety at Work Act 1974 by failing to comply with an Improvement Notice, breaching Regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002 by failing to adequately control employee exposure to a substance hazardous to health namely RCS and breaching Regulation 9(2)(a) the same Regulations by failing to have local exhaust ventilation subject to a thorough examination and test at least every 14 months.
They were fined £18,000 and ordered to pay costs of £4,064.
Director Simon Jonathan Frith pleaded guilty to being a director of a company that had breached Regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002 by failing to adequately control employee exposure to a substance hazardous to health namely RCS and breaching Regulation 9(2)(a) of the same Regulations by failing to have local exhaust ventilation subject to a thorough examination and test at least every 14 months, those offences being committed with his consent, connivance or neglect.
He was fined £1,062, and ordered to pay costs of £3,782.
This HSE prosecution was brought by enforcement lawyer Iain Jordan.
Further information:
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.
More information about the legislation referred to in this case is available.
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.
Company fined after barn roof fall
A company has been fined £133,000 after a man was left seriously injured when he fell through a barn roof in Southampton.
The 37-year-old from Bursledon had been helping his friend repair a fire-damaged storage barn at Dodwell Farm Limited on Pylands Lane on 9 February 2023. The father-of-one had been at the top of a sloped roof fixing new panels to timbers, but they weren’t strong enough to hold his weight. They gave way when he stood on them and he fell through to the hard surface about 10 metres below. The injuries he sustained were severe and resulted in an extended period in hospital.
The barn which roof the man fell through
An investigation by the Health and Safety Executive (HSE) found that safety measures such as barriers, netting or access equipment were not in place.
Dodwell Farm Limited had failed to take appropriate precautions to ensure the safety of workers, and others affected by the work, when replacing the barn roof.
Working at height remains one of the biggest causes of fatalities and major injuries. Common cases include falls from ladders and through fragile surfaces. HSE guidance is available.
The man fell approximately 10 metres through the barn roof
Dodwell Farm Limited of Bursledon pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £133,000 and was ordered to pay £8,816 costs plus £2,000 surcharge at a hearing at Southampton Magistrates Court on 3 Jan 2025.
After the hearing, HSE inspector Nicola Pinckney said: “Too many workers are injured and killed every year as a result of falling from height.
“The sentence imposed on Dodwell Farm Limited should underline to everyone who carries out work at height that the courts, and HSE, take a failure to follow the regulations extremely seriously.
“Measures to prevent the accident, such as avoiding working from the roof, protecting fragile surfaces and having netting in place, are well known and readily available.
“HSE will not hesitate to take action against companies which do not do all that they should to keep people safe.”
This HSE prosecution was brought by enforcement lawyer Iain Jordan and paralegal Helen Jacob.
Further information:
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.
More information about the legislation referred to in this case is available.
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.
Update on investigation into Birmingham fairground incident
The Health and Safety Executive (HSE) continues to investigate an incident involving a fairground ride in Birmingham City Centre.
Twelve people were injured as a result of the incident on the evening of 12 December 2024. Two people were taken to hospital and discharged shortly after with minor injuries.
The ride involved in this incident will remain in situ to preserve the scene while the criminal HSE investigation continues.
HSE Principal inspector Matthew Whitaker said: “We appreciate this incident has affected many people during the festive period. We are thoroughly investigating to establish whether there have been any breaches of health and safety law.
“Once our investigation is complete, a decision will then be made on what further action will be taken.”
West Midlands Police has released two men on bail pending further enquiries.
Anyone with CCTV or mobile phone footage, which may assist the investigation, has been asked to get in touch with West Midlands Police quoting log 4290 of 12 December.
Further information:
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.
The other rides which are currently inside the cordon are being checked by Birmingham City Council. Once those checks have been done, the cordon will reduce to cover the StarFlyer only which will remain in situ to preserve the scene.
School Academy Trust fined £300,000 after student death
A school academy trust has been fined £300,000 after a 19-year-old student died as a result of a ‘series of management failures’.
Owen Garnett, who was described by his family as having “an incredible sense of humour” and who had “everything to live for” died two days after choking on a paper towel at Welcombe Hills School in Stratford-upon-Avon on 9 January 2023.
The teenager was a Sixth Form student at the school, which is for children with special educational needs and part of the Unity Multi Academy Trust (MAT). He had been diagnosed with Pica – a potentially life-threatening eating disorder where sufferers have a compulsion to eat things which have no nutritional value. He had been a student at the school since the age of 11. Despite a near miss incident just days earlier, the school failed to take action to make sure it didn’t happen again.
An investigation by the Health and Safety Executive (HSE) found that none of the staff in Owen’s class team had received any specific training on the management of safety risks associated with Pica.
Owen Garnett died two days after choking on a paper towel at his school
Before she died, Owen’s grandmother Maureen Garnett provided a statement alongside her husband Cliff.
“After Owen had passed away we never slept, we never ate, all we could do was cry,” they said.
“This lasted for months.
“This was supposed to be a place where Owen was safe and secure and happy.
“Owen had Pica and should have been kept under close supervision at all times and I can’t understand why this didn’t happen.
“We would describe Owen as a unique, lovable, challenging and caring and happy child.
“He will never be forgotten and our family will never get over this.”
The HSE investigation also found that students at the school have individual risk assessments which detail any specific health and safety risks, which relate to them, and the control measures that need to be in place at to protect against that risk. The risk of choking associated with Pica was identified on Owen’s risk assessment and a “named person” was supposed to supervise him to make sure he did not eat anything that could cause him harm.
On 9 January 2023, Owen was out in the playground area with other students during a break from class, unsupervised, and found his way back into school. It took several minutes for his absence to be noticed and when he was found, it was around the side of the building, and he was choking. Emergency services were called, and although they retrieved a ball of paper towel from his throat, he had been without oxygen too long and later died in hospital. Days before, there had been a similar incident with Owen, where he was seen in the playground by a teacher, again choking on blue towel, but Owen managed to clear his airway on his own.
The school failed to ensure that all the safety risks associated with Pica hazards, such as, in Owen’s case, the garden area, or supplies of paper towels, were correctly identified and that the preventive and protective measures including supervision, were organised in such a way as to protect him. They also failed to effectively investigate and respond to the concerns raised by his family.
His foster parents, Jacqueline and Graham Blackwell, said the day Owen died had started out as any other.
“Owen got up and had his breakfast,” they said.
“I can still remember him waiting excitedly for his usual taxi driver to pick him. He gave me a cuddle and then left for school.
“Owen was part of our family, we had made so many adjustments and made so many plans so that he could remain with us indefinitely.
“We had been saving to take him to Florida to swim with dolphins, but this is something he will never get to do. We ended up having to use this money to cover the cost of Owen’s funeral.
“His death has ruined every part of our lives.
“Owen had everything to live for and was such a character and used to love joking and playing about – he had an incredible sense of humour.”
HSE guidance states that when assessing the health and safety risks to individual students is necessary, educational employers should follow a risk management approach that focuses attention on the real risks; involving employees, students and carers in identifying the individual’s needs and necessary precautions.
Unity MAT, c/o Woodlands School Packington Lane, Coleshill, Birmingham, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. They were fined £300,000 and ordered to pay £10,750 in costs at Coventry Magistrates Court on 18 December 2024.
HSE inspector Rebecca Whiley said: “This tragic incident could have easily been avoided if Owen was being closely supervised, as he should have been.
“The near miss incident a few days before should have raised the alarm with the school and triggered an investigation into how Owen had been able to access the paper towel, and steps could have been taken to prevent it happening again.
“His death resulted from a series of management failures throughout Owen’s time at the Hub, and a failure by the school to act on the concerns raised by his family.
“Our thoughts today are with Owen’s family. He was a young man with a happy life ahead of him. He should have returned home safely to his family after a day at school, but because of the failings by Welcombe Hills School and Unity MAT, he did not.”
This HSE prosecution was brought by HSE enforcement lawyer Arfaq Nabi and paralegal officer Sarah Thomas.
Further information:
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.
More information about the legislation referred to in this case is available.
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.
Fine for fairground operator after man ‘everyone fell in love with’ dies
A fairground operator has been fined after a man ‘everyone fell in love with’ died weeks after suffering serious head injuries while working on a ride in South Shields.
Dean Cariss was struck by a moving car on a rollercoaster ride while daily testing and maintenance was being carried out at Ocean Beach Pleasure Park on 19 March 2023.
The 52-year-old sustained severe head injuries and as a result died in hospital 13 days later.
A Health and Safety Executive (HSE) investigation found that Premier Attractions Limited had failed to ensure the health and safety of employees. The company pleaded guilty and was fined £28,000 at South Tyneside Magistrates Court on 17 December 2024.
Dean Cariss was struck by a moving car on a rollercoaster ride at Ocean Beach Pleasure Park
Mr Cariss, who had been with his partner Helen Wright for more than 15 years, was also a step father to Helen’s three grown-up children, as well as being a step grandparent to nine.
In a written statement provided to the court, Helen said: “Dean had a fantastic relationship with my kids.
“He also idolised his grandchildren, and treated them like his own.
“He was bubbly and fun and would do daft things with them.
“He was very generous and liked to help people.”
That helpful and generous nature also included him acting as Helen’s carer for several years.
“My whole life has been turned upside down and back to front,” she went on to say.
“He would move heaven and earth for me.
“He was a big personality and I miss the fun and laughter.
“Silence is deafening when I am in the house on my own.
“Everybody fell in love with him when they met him. There was no serious side, just laughter and fun.”
The investigation by HSE found that Premier Attractions Limited had failed to ensure the health and safety of employees. It was found that a suitable and sufficient risk assessment had not been carried out and proper controls had not been employed to prevent employees accessing dangerous areas whilst the ride was operating.
Premier Attractions Limited of Little Hulton, Manchester, pleaded guilty to failing to comply with section 2(1) of The Health and Safety at Work etc Act 1974 – an offence contrary to s.33(1)(a) of that Act. They were fined £28,000 and ordered to pay £5,976 costs.
HSE Inspector William Gilroy said: “This tragic incident led to the avoidable death of a caring, family man.
“Dean’s death could easily have been prevented if his employer had acted to identify and manage the risks involved, and to put a safe system of work in place.
“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those who fall below the required standards.”
Further information:
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.
More information about the legislation referred to in this case is available.
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.
Engineering company fined after ‘caring and loving’ man killed
A Blackburn-based engineering company has been fined £80,000 after a man described as ‘caring and loving’ by his family was killed after being crushed under a machine.
Connor Borthwick, from Wigan, was working for Partwell Special Steels Limited at its site in Bruce Street when the incident happened on 25 November 2021.
The 22-year-old and another employee were moving a large cutting press machine across a workshop floor when it became unbalanced, resulting in Connor being fatally crushed.
Connor Borthwick was just 22 when he was killed at work
Speaking on behalf of the family, his sister Emily said Connor was her “amazing, caring, loving and funny little brother”.
“Everyone loved Connor,” she said.
“He was a good soul, and this was evident from the more than 700 people who came to his funeral to pay their respects and share their personal accounts of how Connor had touched their lives.
“He was 22, life hadn’t begun for him, and it was over.
“Some simple steps should have been taken and weren’t, if they were Connor would be with us today.
“It’s hard to explain to people what we have been through, are going through. We don’t want another family to go through what we have.”
An investigation by the Health and Safety Executive (HSE) found that Connor and his colleague were attempting to move the machine across the workshop, using skates placed underneath.
However, as the machine was being lowered by a jack onto one of the skates, it became unbalanced and fell backwards onto Connor, trapping him beneath. He suffered catastrophic crush injuries and subsequently passed away.
The investigation also found that Partwell Special Steels Limited of Stanley Street, Blackburn, had not undertaken an assessment of the risks involved with moving the machine and that the task had not been suitably planned and no safe system of work had been provided to the employees. Additionally, it was found that neither employee had been provided with suitable and sufficient training to ensure they had the necessary relevant competence to undertake the task. A suitable and sufficient assessment of the suitability of the work equipment provided would have shown that the skates used were unsuitable for this work.
The company pleaded guilty to breaching regulation 2(1) of the Health and Safety at Work etc Act 1974. They were fined £80,000 and was ordered to pay £6,713 in costs at a hearing at Preston Magistrates Court on 16 December 2024.
HSE Inspector Anthony Banks said: “This company’s failures resulted in the death of a much loved young man.
“Those in control of work activities, including the movement of heavy machinery from one part of a site to another, need to assess the risks of that work, and plan a safe way to undertake it.
“This tragic incident could have easily been avoided with the right controls in place.
“My thoughts remain with Connor’s family.”
The prosecution was supported by HSE enforcement lawyer Sam Crockett and paralegal officer Gabrielle O’Sullivan.
Notes to editors:
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.
More information about the legislation referred to in this case is available.
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.
Statement on HSE proposals to restrict use of lead ammunition in Great Britain
Proposals follow series of GB consultations and intend to reduce harm to the environment
Regulator proposes alternatives to lead ammunition would need to be used for some outdoor shooting
Derogation proposed for athletes who are preparing for Olympic and Paralympic Games
The Health and Safety Executive (HSE) in its role as the Agency for UK REACH, has today set out proposals to be considered by government ministers in England, Scotland and Wales to restrict the supply and certain outdoor uses of lead ammunition in Great Britain.
Under the proposals the use of lead shot for live quarry shooting and target shooting would be prohibited.
Dr Richard Daniels, HSE’s Director of Chemicals Regulation Division said:
“Following a comprehensive analysis of the evidence, we propose new restrictions to protect wildlife, particularly wildfowl and birds of prey, from lead poisoning. They would prevent an estimated 7,000 tonnes of lead entering the environment each year.
“The final agency opinion follows significant responses to two public consultations. We worked through nearly 11,000 responses – dwarfing the recent exercise in the EU.
“This detailed work, carried out under our UK REACH obligations, sets out the necessary balance we have struck to protect the environment and minimise disruption to those who shoot.
“Currently, the risks of lead shot to the wider environment are not adequately controlled. While there are already legally binding measures in place to protect Britain’s wildlife in designated wetlands from the use of lead shot, our analysis has demonstrated the need for further restrictions.
“People will still be able to continue to shoot, but we are proposing that for some outdoor uses in the future, alternatives to lead ammunition would need to be used.”
Further information
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.
In its role as the Agency for the UK Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation, which is the framework for managing the risks from chemical substances in Great Britain, HSE has worked with the Environment Agency and published its final opinion on its restriction proposals to control the risks from lead in ammunition.
The published opinion was developed after considering the 2,759 responses received from the 6-month public consultation in 2022. Additionally, in line with the legal requirements under the UK Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation, HSE opened a 60-day public consultation on the draft socioeconomic opinion last year – this again received a large number of responses (8,159).
The Agency also met stakeholders to listen to their concerns, gather evidence and discuss the proposals. The Agency’s final consolidated opinion has been reviewed by a Challenge Panel made up of independent experts from the REACH Independent Scientific Expert Pool (RISEP), who provide scrutiny and challenge.
One exception where use of lead shot could still be used for outdoor target shooting is for athletes training for international competitions, such as the Olympics and Paralympics, where the use of lead shot is mandated. HSE has proposed a derogation for this, for athletes that meet defined criteria. This would allow competitive athletes to continue training and representing their country.
The EU is also currently considering a proposed restriction on the use of lead ammunition in all habitats, which has passed all the ECHA committee stages and is now being considered by the European Commission. The EU received 319 responses for their 6-month public consultation on their dossier (and extended the process by 6 months) and received 175 responses for their 60-day SEA consultation.
HSE, in its role as the Agency for UK REACH, has also identified a risk to young children and women of childbearing age who consume high volumes of game meat shot with lead ammunition. The Food Standards Agency already recommends that pregnant woman cut down on game meat in their diets. Food Standards Agency advice on lead shot game can be found here: https://www.food.gov.uk/safety-hygiene/lead-shot-game.
For bullets, other derogations would allow the use of lead bullets in target shooting at outdoor ranges with appropriate risk management measures in place. HSE estimates that 95% of outdoor ranges already have these controls. In developing this derogation the Agency met with shooting organisations to discuss current practice at ranges.
HSE also proposes that the use of large calibre lead bullets (≥6.17 mm) for live quarry shooting is prohibited, as there are viable alternatives which can be used. However, as concerns remain regarding the technical feasibility and socioeconomic impacts of non-lead alternatives for small calibre bullets, HSE are not currently proposing to restrict their use for live quarry shooting.
HSE has sent its final opinion to the Appropriate Authorities (i.e. the Defra Secretary of State and the Scottish and Welsh Governments). The Appropriate Authorities will now consider the proposals and decide if legislation should be drafted to start the process of introducing a restriction on lead in ammunition.
Metal firm fined after injured worker loses leg
A metal fabrication company has been fined £40,000 after an employee suffered a serious leg fracture that led to a below the knee amputation.
The 37-year-old man and a colleague had been loading a steel beam onto the bed of a lorry in the visitors car park of London Gates and Railings Ltd in Watford on 30 August 2022. His colleague was operating a fork lift truck (FLT) with the steel beam suspended from it using a sling attachment, while man had been walking ahead of it using his hands to stabilise the beam. However, as the FLT moved forwards, the man’s foot was caught by the front wheel of the FLT resulting in serious injuries to his lower leg.
At the time of the accident members of the public were present in the visitors’ car park. The man’s injuries were so serious he had to have surgery to have the lower part of his leg amputated.
An investigation by the Health and Safety Executive (HSE) found that London Gates and Railings Ltd failed to properly assess the risk for loading lorries and provide a suitable safe system of work. The FLT operator had not been trained and access to and use of the FLT was not adequately controlled. There were also inadequate measures in place to segregate pedestrians, including members of the public, from workplace transport and associated lifting operations.
London Gates and Railings Ltd of Guillmore Farm, Sandy Lane, Watford, pleaded guilty to breaching Section 2(1) and 3(1) of the Health and Safety at Work etc Act 1974. They were fined £40,000 and ordered to pay £5,114 costs at a hearing at St. Albans Magistrates Court on 10 December 2024.
HSE Inspector Adam Johnson said: “Incidents involving fork lift trucks (FLT’s) and work place transport remain one of the most common causes of work-related accidents in this country.
“In this case, a suitable and sufficient assessment of risk, together with a planned safe system of work should have been completed.
“Only workers who are trained and authorised should operate FLT’s. Access and use of them should be properly controlled. Adequate measures must also be in place to properly segregate pedestrians from workplace transport and associated operations”
This prosecution was brought by HSE enforcement lawyer Neenu Bains.
Further information:
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.
More information about the legislation referred to in this case is available.
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.
Plastic manufacturing company fined after death of young dad
A company that manufactures plastic products for the food industry has been fined £330,000 after a young dad was killed while doing his job.
Nathan Hook, a father of one, was working for Suffolk-based Maynard and Harris Plastics, when he was drawn into rotating machinery. As a result, the 34-year-old suffered fatal head injuries. The incident happened at the company’s premises in Ellough, near Beccles, on 7 October 2021.
Nathan Hook was killed while doing his job
Speaking after the hearing, his mother Jacqueline Castledine said the investigation and prosecution by the Health and Safety Executive (HSE) had ‘completely exonerated’ her son.
“I have very mixed emotions but pleased Nathan’s been completely exonerated,” she said.
“We would like to take this opportunity to thank those have supported us throughout this horrendous ordeal, far too many to mention. But mostly the HSE for their thorough investigation and its conclusions.
“We must now try to move forward keeping Nathan with us always.”
The HSE investigation found that Nathan had been on a late shift and was operating a lathe in the tool room to create a work piece for a machine. He applied emery cloth by hand to the workpiece to debur the metal. Emery cloth is similar to sandpaper and can be used to polish metal workpieces. However, it became entangled and wrapped around the workpiece, drawing him in. His sweatshirt sleeve also became entangled pinning him against the rotating workpiece and causing fatal head injuries.
The investigation found that Maynard and Harris Plastics had failed to provide suitable health and safety training regarding the use of emery cloth on lathes. The company did not have a suitable and sufficient risk assessment for use of alternative methods, such as application of emery cloth using a stick.
Maynard and Harris Plastics, of Ellough, Beccles, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act. They were fined £330,000 and ordered to pay £4,373 costs at a hearing at Chelmsford Magistrates Court on 5 December 2024.
HSE inspector Natalie Prince said: “Our thoughts remain with Nathan’s family.
He was a young dad who should have returned home safely to them at the end of his working day, but because of this company’s failings, he did not.”
This prosecution was brought by HSE enforcement lawyers Nathan Cook and Jon Mack and supported by paralegal officer Imogen Isaac.
Further information:
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.
More information about the legislation referred to in this case is available.
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.
