Press release

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:

  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.

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:

  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. Guidance for working safely whilst moving heavy loads is available.

 

Statement on HSE proposals to restrict use of lead ammunition in Great Britain

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

  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. 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.
  3. 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).
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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:

  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 safe use of lifting operations and rider-operated lift trucks is available.

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:

  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 the use of emery cloth on metalworking lathes is available.

Councils’ asbestos management to be assessed during inspection campaign

Hundreds of inspections at council buildings will be carried out by the Health and Safety Executive (HSE) to check councils are managing the risk of asbestos properly.

HSE inspectors will visit the head offices of dozens of councils across the country to ensure asbestos risks are being managed effectively to keep people safe. Each council visit will see inspections take place at several different sites within each local authority’s property portfolio. This work continues previous inspection campaigns that targeted hospitals and schools.

The inspections will assess how local authorities are managing the risks from asbestos within their buildings and meeting the ‘duty to manage’ (DTM) requirements under Regulation 4 of the Control of Asbestos Regulations 2012 (CAR).

The duty to manage asbestos covers a wide range of buildings, some regulated by HSE and others regulated by our colleagues in local authorities. These visits will look at asbestos management in public buildings, including libraries, museums and leisure centres.

People who visit or work in these buildings will not be exposed if asbestos is properly managed. But it can become dangerous when disturbed or damaged.

HSE launched The Asbestos – Your Duty campaign in January 2024 to reach those responsible for maintenance and repair of non-domestic buildings built before the year 2000 to raise awareness of the legal duty to manage asbestos in buildings.

Helen Jones, HSE’s Head of Health and Public Services Sector, said: “Local authorities have a hugely important role to play in keeping people safe.

“They can do this through the maintenance of their property portfolios and in their role as a regulator.

“To keep people safe from its harms, a culture of safely managing asbestos is needed in our building industry and among those responsible for buildings.

“Asbestos exposure in Great Britain is still the single greatest cause of work-related deaths due to exposures decades ago.

“Together, we must protect people in the workplace and reduce future work-related ill health.”

“Those responsible for the maintenance of buildings must do everything to comply with the law and prevent exposure to this dangerous substance, which was widely used in post-war construction before it was completely banned in 1999.

Premises built before the turn of the century, and especially those between 1950 and 1980, when the use of asbestos in construction was at its peak, must carry out the necessary checks, understand their legal responsibilities and actively manage any asbestos they are responsible for.

HSE will check how asbestos is managed when visiting a range of buildings across council stock ensuring they have the right arrangements in place.

HSE inspectors, will contact the local authority before visiting to arrange a suitable date and time for the inspection.

 

Background

What should local authorities (LAs) do to prepare for these inspections?

In advance of the inspections, LAs may wish to review their current arrangements and check that they are meeting their duties under CAR, which includes requirements to:

  1. take reasonable steps to find out if there are asbestos-containing materials (ACMs) in their buildings, and if so, the amount, where it is and what condition it is in
  2. presume materials contain asbestos unless there is strong evidence that they do not
  3. make, and keep up to date, a record of the location and condition of any ACMs – or materials which are presumed to contain asbestos
  4. assess the risk of anyone being exposed to fibres from the materials identified
  5. prepare an asbestos management plan (AMP) that sets out in detail how the risks from these materials will be managed
  6. take the necessary steps to put the plan into action
  7. periodically review and monitor the plan and the arrangements, and act on the findings, so the plan and arrangements remain relevant and up to date
  8. provide information on the location and condition of the materials to anyone who is liable to work on, or disturb them

 

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. The Asbestos – Your Duty campaign aims to raise awareness of the risks of asbestos. Free resources are available here: https://workright.campaign.gov.uk/campaigns/asbestos-your-duty-campaign-assets/ and a video about asbestos inspections is available here: https://www.youtube.com/watch?v=BsVp1l4COeU.
  3. Information on where asbestos can be found is available on HSE’s website.
  4. Further details on the latest HSE news releases is available.

Manufacturing company fined £15,000 for wood dust failures

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

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

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

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

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

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

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

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

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

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

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

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

 

 

Notes to Editors:

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

Company director avoids prison over wood dust failures

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

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

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

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

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

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

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

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

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

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

 

Notes to Editors:

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

Company fined after 21-year-old worker dies

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

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

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

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

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

Twenty-one-year-old George Setchfield was found dead in work

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

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

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

George had entered the company’s stripping shed, which housed an Intermediate Bulk Container (IBC) containing alloy wheel stripper.

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

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

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

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

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

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

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

 

Notes to editors:

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

Arriva and cleaning firm fined after worker killed at bus depot

A national bus company and a commercial cleaning firm have been fined after a “much loved young man” was killed at a depot in Hemel Hempstead.

Albin Trstena, from Tottenham, was working for Cordant Cleaning Limited, when he was hit by a reversing bus being driven by a colleague on 5 November 2019.

The 25-year-old had been working in the yard of Arriva’s Hemel Hempstead bus depot when the vehicle was reversed out of the wash down area. He sustained fatal injuries.

By law, people near a route where vehicles pass must be kept safe. HSE guidance on separating pedestrians and vehicles in the workplace sets our clear steps those responsible should take.

Twenty-five-year-old Albin Trstena was killed by a reversing bus at Arriva’s bus depot in Hemel Hempstead

In a statement read at St Albans Magistrates’ Court, Albin’s sister Albina said how his death had been ‘devastating’ for their family.

“When we received the news Albin had died, we were left devastated and our whole world came crashing down around us,” she said.

“His presence at home was so alive.

“Albin would always do lots for the family, but not just for the family, he gave of himself and would always help other people where he could.

“He was a brother and son to be proud of.”

An investigation by the Health and Safety Executive (HSE) found that Arriva failed to properly assess the risk of vehicle-pedestrian conflict, and both they and Cordant Cleaning Limited, subsequently known as C.L.C Realisations Limited, failed to implement a suitable system of work to control this risk.

There were also insufficient measures in place to protect pedestrians from vehicles being moved around the depot and to ensure that walkways within the perimeter of the yard were being utilised.

C.L.C Realisations Limited of Wellington Street, Leeds (in administration) offered no plea but was found guilty of breaching Section 2(1) of the Health and Safety at Work Act 1974 and fined a nominal £1,000.

Arriva Kent Thameside Limited of Doxford International Business Park, Sunderland, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974 and have been fined £32,000 and ordered to pay costs of £22,392.

HSE inspector Roxanne Barker said: “This tragic incident led to the avoidable death of a much loved young man.

“There was a failure to undertake safety measures to segregate vehicles and pedestrians.

“They also failed to properly consider who was responsible for determining and implementing suitable measures to ensure safe working practices when contracting out some of the activities performed within a shared workplace.”

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.