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Manufacturing firms reminded of their asbestos duties

Britain’s workplace regulator is reminding manufacturing firms of their asbestos duties. 

As we approach Global Asbestos Awareness Week (April 1 – 7), the Health and Safety Executive (HSE) is reminding those running businesses occupying buildings built before 2000 to properly assess, manage and monitor asbestos risks in line with the law. 

Older manufacturing facilities may house multiple asbestos containing materials (ACMs). Asbestos was widely used in buildings and in some equipment between 1950 and 1980; however, any building built or refurbished before 2000 could contain an ACM. 

Asbestos can be found in: pipe lagging, insulation board, asbestos cement products such as profiled roof sheets and wall panels, floor coverings and asbestos sprayed coatings. ACMs such as gaskets and rope seals can also be found within old plant and equipment such as industrial ovens and pipework. 

Asbestos exposures caused by poor planning and risk management can have substantial human costs for victims and their families. Asbestos-related diseases remain the highest cause of work-related deaths in Great Britain, these often fatal diseases, typically take decades for symptoms to occur following exposure.  

There is a legal duty to manage asbestos and failing to do so can result in penalties ranging from fines to prison sentences. The implications of an asbestos incident can also be far reaching in terms of reputation, staff morale, attracting new staff and overall costs.  

HSE data reveals there have been more than 100 asbestos-related prosecution cases brought in the past five years, relating to 150 breaches of the law. 

Make UK, supporting the manufacturing sector and businesses around the country is supporting HSE’s call. Chris Newson CFIOSH, Environment Health and Safety Director, said he was happy Make UK was fully behind the HSE’s “Asbestos – Your Duty” campaign. 

“The number of people affected each year by this deadly material within UK manufacturing is still far higher than it need be,” he said.  

“It is important that all dutyholders within our sector are aware of their duties and the excellent resources made freely available by HSE to help them meet their legal requirements.”  

The risks associated with asbestos-containing materials are well known and free advice and resources are available from the HSE’s website. 

As the regulator’s campaign continues, HSE Head of Manufacturing Sector, David Butter reminded those responsible that asbestos wasn’t just a problem of the past. 

“It can still be found in a wide variety of materials in factories and manufacturing premises,” they said.  

“Dutyholders must identify, assess and manage asbestos in their buildings to keep people safe.” 

There are six steps for how those responsible can comply with their legal duty: 

  1. Find out if asbestos could be present in your building. 
  2. Arrange an asbestos survey by a competent person or accredited surveyor. 
  3. Make a register and assess the risks from your asbestos. 
  4. Write your asbestos management plan. 
  5. Put your plan into action. 
  6. Continually monitor and communicate the plan. 

David went on to say: “Employers should not undertake any work with asbestos materials, which exposes their employees, unless the risks have been assessed and appropriate control measures have been implemented.  

“Some types of work associated with asbestos materials may only be undertaken by a suitably licensed asbestos contractor under stringent procedures. 

“As well as being a legal duty, it is simply common sense and good business to ensure rigorous managing and monitoring of asbestos.” 

 

Further information: 

 For further information on asbestos-related disease statistics visit: Asbestosis, mesothelioma, asbestos related lung cancer and non-malignant pleural disease in Great Britain 2024 

Hydraulics company fined after worker’s legs trapped in machine

A hydraulics company, with locations throughout the UK, has been fined after an employee became trapped in a machine that he was working on at a customer’s premises in Plymouth.

David Lawrence, a 63-year-old engineer, was undertaking fault finding on a laser cutting machine for Pearson Hydraulics Ltd, on 26 July 2023, when the cutting bed of the machine dropped and trapped both of his legs. After spending five weeks in hospital, Mr Lawrence had to have his right leg amputated above the knee. Despite extensive surgery to save his left leg, Mr Lawrence faces the possibility of having it amputated in the future.

David Lawrence suffered life-changing injuries when the machinery trapped both of his legs

An investigation by the Health and Safety Executive (HSE) found that Pearson Hydraulics Ltd did not have a safe system of work in place for maintenance activities  carried out by its engineers at its customer’s premises. It failed to carry out a suitable and sufficient risk assessment of the work to be undertaken by Mr Lawrence and there had been a total failure to monitor and supervise his work.  The investigation also identified that Mr Lawrence had not been adequately trained by his employer and that his knowledge of hydraulic systems on laser cutting machinery was inadequate, preventing him from carrying out the work safely.

HSE guidance stresses that it is important  these situations are properly assessed. Workers carrying out maintenance activities may need to undertake significant regular risk assessment (as the situation may develop and change in ways that could not be foreseen at the outset. Further information can be found here.

Pearson Hydraulics Ltd of Electric Avenue, Witham St Hughes, Lincoln pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £96,333 and ordered to pay £10,701 in costs at Plymouth Magistrates’ Court on 13 March 2025.

HSE inspector Emma O’Hara said “This incident could so easily have been avoided with the correct risk assessment and implementation of a safe working procedure. Pearson Hydraulics Ltd left its employees to work out their own methods of completing fault finding and maintenance tasks, instead of providing them with suitable training and supervision so it could be done safely every time.”

This HSE prosecution was brought by HSE enforcement lawyer Andrew Siddall and paralegal officer Imogen Isaac with counsel Alan Fuller.

 

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 guidance about maintaining machinery is available.
  5. 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.

Bradford builder sentenced after fatal fall of asylum seeker

A self-employed builder has been handed a suspended prison sentence following the death of an asylum seeker who fell from scaffolding at a domestic property in Bradford.

Sarabjit Singh, 44, was sentenced to six months imprisonment, suspended for 12 months, and ordered to complete 100 hours of unpaid work.

Mr Eraj Rahanpour, a 29-year-old originally from Iran, died after falling from height during rendering works on 25 August 2021. Mr Rahanpour had been collected by Sarabjit Singh that morning from a road in Bradford popular with people looking for casual, cash-in-hand work.

Mr Singh dropped Mr Rahanpour off at the site where he was to be paid £50 for six hours of labour, mixing products applied to the wall by two other workers.

During the afternoon, Mr Rahanpour fell from the top level of a scaffold onto the driveway below, suffering serious injuries. He was taken to Leeds General Infirmary where he was placed into a medically induced coma. A decision was later made to remove life support, and Mr Rahanpour died on 8 September 2021.

A Health and Safety Executive (HSE) investigation found Mr Singh had provided domestic-type ladders for the works that were not secured sufficiently and did not provide safe access to the scaffold platform. The ladders had numerous defects, while safety gates provided with the scaffold had been tied back, creating an opening through which persons could fall.

Mr Singh had also failed to undertake a suitable and sufficient risk assessment or produce a method statement for the work. He could not demonstrate effective supervision or evidence of formal training for any of the workers involved in the project.

HSE guidance states employers and those in control of any work at height activity must make sure work is properly planned, supervised and carried out by competent people. This includes using the right type of equipment for working at height. Further guidance can be found at: https://www.hse.gov.uk/work-at-height/index.htm 

Mr Sarabjit Singh, of Glenlee Road, Bradford, was found guilty of breaching Section 3(2) of the Health and Safety at Work Act 1974 at Leeds Magistrates’ Court on 5 March 2025. The judge ordered no costs.

Paul Thompson, a Principal Inspector at HSE said: “This is an extremely tragic case where a vulnerable person seeking an opportunity to work sadly didn’t make it home that evening.

Mr Rahanpour’s nearest family member resides in Canada, making this case all the more unfortunate.

“We are able to provide a voice for Mr Rahanpour to ensure failures by Mr Singh have been held to account.

“Those putting people to work need to fully assess and control the risks from working at height, and ensure suitable training, guidance and supervision. Equipment used for work should be suitable for the purpose intended and in an efficient state of repair.”

This HSE prosecution was brought by HSE enforcement lawyer Iain Jordan.

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. Relevant guidance on working at height can be found here https://www.hse.gov.uk/work-at-height/index.htm
  5. 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.

Animal feed manufacturer fined after employee’s arm severed

An East Yorkshire company has been fined more than half a million pounds after an employee’s lower arm was severed when it became entangled in a conveyor.

Bartosz Gaj, a blender operative, had been attempting to clear a blockage at AB Agri Limited’s premises in Fridaythorpe, Driffield on 3 November 2021.

Mr Gaj’s hand was drawn into the conveyor mechanism, severing the 34-year-old’s right arm below the elbow. He had only been working at the company for a few months at the time of the incident. As a result of his life-changing injury, Mr Gaj was unable to return to work for more than two years. He has had to adapt all aspects of his daily life.

The conveyor had been installed a few months before the incident and was prone to blockages which needed to be cleared by pulling out a manual slide plate, removing the accumulated material and resetting a cut-off switch.

The Health and Safety Executive (HSE) investigation found that operatives routinely cleared blockages themselves if they could be done quickly, even though they had not been adequately trained in isolation procedures. There had been no review of the risk assessment for operating the conveyor, when the new conveyor was installed.

The investigation also found that there was no system for checking that guards and safety features were in place prior to using the conveyor.

HSE guidance states that effective measures should be taken to prevent access to dangerous parts of machinery.  In addition, machinery should be isolated before interventions are carried out.  Employees should be adequately trained in isolation procedures. Further guidance is available on the HSE website.

AB Agri Limited of Weston Centre, Grosvenor Street, London pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £566,000 and ordered to pay costs of £6,410 at Hull Magistrates’ Court on 5 March 2025.

HSE inspector Sally Gay said: “The life changing injury Mr Gaj suffered could so easily have been avoided by properly assessing the risks, and applying the correct control measures and safe working practices.

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

This HSE prosecution was brought by HSE enforcement lawyer Jayne Wilson and paralegal officer Lucy Gallagher.

 

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 can be found here.

Skiing company fined after boy was killed at friend’s birthday party

An indoor skiing company in Tamworth has been fined £100,000 following the death of a schoolboy.

Twelve-year-old Louis Watkiss had been at a tobogganing birthday party at the Snowdome in Tamworth on 24 September 2021.  He was descending the main ski slope on a toboggan when it slid into the back of a member of staff who was conducting a slope walk. He fell backwards onto Louis who sadly died at the scene from head injuries.

An investigation by the Health and Safety Executive (HSE) found that Snowdome Limited failed to ensure the safety of its customers, including Louis, while they were undertaking tobogganing at the venue.

The indoor slope at Tamworth Snowdome

The HSE investigation also found that Snowdome Limited did not have a suitable and sufficient risk assessment for tobogganing activities and had not fully considered all persons likely to be on the slope during tobogganing. As a result, there was no safe system of work, information, instruction, training or supervision to manage the risk of collisions between toboggans and pedestrians.

Nathan Cook, senior enforcement lawyer for HSE said: “Louis went to a friend’s birthday party at the Snowdome and should have returned home safely to his family after an enjoyable occasion.

“Tragically, due to the failings of Snowdome Limited, this did not happen. Louis’s death could have been prevented if the company had adequately assessed and controlled the risks associated with tobogganing activities.

“This should act as a reminder  that venues and employers must ensure suitable and sufficient risk assessments are in place and employees are provided with sufficient safe systems of work, information, instructions, training, and supervision.

The indoor slope at Tamworth Snowdome

Nathan Cook continued: “Our risk assessment guidance may be more commonly used for workplaces such as factories and construction sites, but the same principles apply for busy venues like indoor ski slopes. The possible risks to people from equipment and the movement of visitors and staff needs to be thought through.

“Our thoughts remain with Louis’ family.”

Snowdome Limited, of Leisure Island, River Drive, Tamworth, Staffordshire, pleaded guilty at Telford Magistrates’ Court to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 (‘the Act’). At a hearing on 26 February, they were fined £100,000 and ordered to pay costs of £14,534.

The HSE investigation into this incident was carried out by HM inspector Keeley Eves, with the support of visiting officer Natalka Heath.

 

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 can be found here.
  5. HSE guidance about managing and assessing risks is available.

CCTV captures moment welder crushed at Sunderland shipyard

CCTV has captured the moment a welder was crushed while working at a shipyard in Sunderland.

David Vinsome sustained multiple rib fractures as well as internal injuries, including an abdominal wall burst, following the incident at Pallion Shipyard on 18 October 2022.

The 37-year-old from North Shields was crushed between an excavation bucket and a fabrication table. Following an investigation by the Health and Safety Executive (HSE), Midland Steel Traders Ltd has been fined £100,000.

At the time of the incident, welders had been using an overhead gantry crane and a fork lift truck in tandem to rotate a large excavator bucket. David Vinsome was crushed as he attempted to attach the chains from the overhead crane to the bucket, and a fork lift truck started the lifting operation, unaware of his position behind it.

In a victim personal statement, the father-of-one, recalls how he spent nine days in hospital, before returning home.

“When I did come home, I was in bed for about a month before I tried to get down the stairs,” he said.

“My partner is a NHS nurse, so she helped a lot.

“I am still suffering a lot of pain with my shoulder. I have a daughter and I cannot do the school run anymore or take her out for meals or ice cream.

“I am worried about getting back to work. I don’t know when that will be or how I will manage.

“I don’t think I will go back to welding.”

The investigation by the Health and Safety Executive (HSE) found Midland Steel Traders Ltd had failed to ensure that the lifting activity was properly planned by a competent person, or carried out in a safe manner. They also failed to establish a safe system of work for this activity – leading to a breakdown of communication between the multiple operators involved.

HSE inspector Matthew Dundas said: “Lifting operations can often put people at great risk, as well as incurring great costs when they go wrong.

“It is therefore important to properly resource, plan and organise lifting operations so they are carried out in a safe manner.

“Had that been done in this case then Mr Vinsome wouldn’t have been so seriously injured.

“HSE provides detailed guidance on lifting operations including the importance on how they should be properly resourced, planned and organised, to enable them to be carried out in a safe manner.”

Midland Steel Traders Ltd, Portobello Ind Est, Shadon Way, Chester le Street, pleaded guilty to breaching the Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £100,000 and told to pay £4,916 costs at Newcastle Magistrates Court on 13 February 2025.

This prosecution was brought by HSE enforcement lawyer Jonathan Bambro and supported by paralegal officer Melissa Wardle.

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 can be found here.
  5. HSE guidance on lifting operations including the importance on how they should be properly resourced, planned and organised, to enable them to be carried out in a safe manner, is available.

Wood company fined more than £1million after two workers injured

A multi-national company that manufactures wood-based products has been fined more than £1 million after two workers were injured in separate incidents.

West Fraser (Europe) Ltd, formerly known as Norbord pleaded guilty to several health and safety breaches related to two incidents that took place at its plant in Cowie within six months of each other in 2020.

In the first  Sean Gallagher, 29, a utility operator, suffered serious injuries after his leg became entangled in moving parts at the bottom of a storage bunker in January 2020.

In July of the same year, David McMillan, 39, a scaffolder, plunged more than 13 feet to the ground after a rusty plate gave way on a rooftop gantry.

Both incidents led to investigations by the Health and Safety Executive (HSE). The same company had  been fined more than £2million in 2022 after another employee died after suffering serious burns at the same plant.

Stirling Sheriff Court heard that Mr Gallagher had been employed by the firm for a period of five years, spending the last two of which working at its biomass plant. On 20 January, he noticed a fault on a bunker at the plant.  He initially entered the bunker to carry out an inspection, and did so in accordance with the company’s safe system of work procedure.

However, when he identified further issues later into his shift, he entered the bunker again, but this time had not turned off the power. He became entangled in the machinery and had to use his own phone to alert a control room operator. He was eventually extracted from the machine and taken to hospital, with injuries including compound fractures to the tibia and fibula of his right leg.

As a result of the incident, the company installed a mesh guard across the bunker hatch, which is padlocked shut. It can only be unlocked by the supervisor once the system has been isolated.

The second incident happened on 21 July and resulted in David McMillan suffering multiple fractures to his body, including his neck and ankle. He had been working at height when a plate on the steel gantry gave way causing him to fall to the ground. He spent 20 days in hospital. The subsequent HSE investigation found there was no maintenance schedule or system of checks for the gantry structure. The steel flooring to the gantry was found to have been corroded in places, while some of the welds holding the plates in place were at the point of failure. Following the incident, the gantry was immediately placed out of bounds before it was dismantled and removed from the site.

In relation to the first incident, West Fraser (Europe) Ltd pleaded guilty to failing to comply with regulations 11(1) and (2) of the Provision and Use of Work Equipment Regulations 1998 and section 33(1)(c) of the Health and Safety at Work etc. Act 1974. The company was fined £28,000 at Stirling Sheriff Court on 17 February 2025.

For the second incident, West Fraser (Europe) Ltd pleaded guilty to failing to comply with sections 4(2) and 33(1)(a) of the Health and Safety at Work etc. Act 1974. The company was fined £1,040,000 at Stirling Sheriff Court on 17 February 2025.

Speaking after the hearing, HSE inspector Stuart Easson, said: “This is the second time in five years this company has been handed a large fine for failing to protect workers.

“Although both men sustained very serious injuries in these latest incidents, both are lucky to be alive.

“We hope this outcome demonstrates that repeated failures of this nature are not acceptable.”

 

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 can be found here.

Manufacturing firm fined after worker sustains serious burns

A North-East manufacturing company has been fined more than £200,000 after a worker sustained serious burns to his hands.

Inspectors from the Health and Safety Executive (HSE) visited Novares Peterlee Limited on 30 March 2022. During the visit to the site on Northwest Industrial Estate, inspectors found unsafe working practices, including workers operating machinery at height, with risks of falling. Due to the safety failures, inspectors served eight prohibition notices against the company.

Further investigations during the visit determined that an employee had sustained serious burns to his hands on 13 October 2021, due to an incident involving an injection moulding machine. The injured worker had placed the machine in manual mode when he noticed that there were some ‘pips’ of hardened plastic material on the machine nozzles. He entered the machine, flicked the pips off, at which point molten nylon, at a temperature of approximately 260-300C, ejected from the machine and hit him. The molten nylon hit him in the hands and chest, causing significant burns.

The subsequent HSE investigation found the worker had not retracted the machine carriage to release the pressure before entering the mould area, and he was not wearing suitable PPE. They also found the company’s safe system of work which was in place at the time of the incident, did not contain adequate detail on the task and safety controls for the clearance of blockages, and the man had not received formal training on a safe system of work to remove blockages from the injection moulding machines.

Novares Peterlee Limited, Northwest Industrial Estate, Fiennes Road, Peterlee, pleaded guilty to breaching the Sections 2(1) of the Health and Safety at Work etc. Act 1974 and The Provision and Use of Work Equipment Regulations 1998, Regulation 12 (1). The company was fined a total of £204,000 told to pay £6,272 in costs at Peterlee Magistrates Court on 14 February 2025.

After the hearing, HSE inspector Clare Maltby said: “This company failed to protect its workers from several risks, including working at height.

“Falls from height remain one of the leading causes of workplace injury and death in the workplace.

“Companies who operate injection moulding machines should risk assess work at height and setting, fault finding and maintenance tasks and devise and implement documented safe systems of work.”

 

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. Relevant guidance can be found here Work at height – HSE.
  5. 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.

Roofer given suspended sentence after man falls from scaffold

A self-employed roofer has received a suspended prison sentence after a man suffered serious injuries after falling from scaffold in Devon.

Daniel Hooper was given a 16-week custodial sentence, which will be suspended for a period of 12 months, following Iain Smith, 36, falling from a height of more than 25 feet while working for him, on 13 June 2023.

Iain Smith fell more than 25 feet from the scaffold

Father of three Mr Smith had been manually carrying old roof slates down a ladder attached to the scaffold platform at a domestic property in Honiton when he fell, suffering serious injury, including five broken vertebrae, as well as skull and rib fractures. Devon Air Ambulance took Mr Smith to Derriford Hospital where he was put into an induced coma for five days. He has since made a remarkable recovery but does still suffer from the effects of his injuries.

An investigation by the Health and Safety Executive (HSE) found that Daniel Hooper, 28, trading as Hooper Roofing, failed to ensure the health, safety and welfare of his employee as he did not undertake any planning or appropriately supervise the work at height or supply suitable equipment to do the task safely.

Falls from height remain a leading cause of workplace death and serious injury and HSE has published guidance about how these incidents can be avoided. It is vital that employers plan work at height on any size building or roof work project. Every employer should take suitable and sufficient measures to prevent any person falling a distance liable to cause personal injury. While ladders can be used for accessing a scaffold platform, HSE guidance is clear that they should only be used for low risk and short duration tasks. Work equipment or other measures must be used to prevent falls where working at height cannot be avoided.

Daniel Hooper failed to ensure the safety of Iain Smith and was given a suspended prison sentence

The HSE investigation found that ladders were used to transfer heavy slate tiles to and from the scaffolding platform and this practice was not, so far as reasonably practicable, safe.  There are alternative methods of transferring the slate tiles to and from a scaffolding platform that eliminate the need for ladders to be used for this task. These include the use of a pulley system or use of a mechanical conveyor.

Daniel Hooper, of Brook Road, Cullompton, Devon pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. He was sentenced to 16 weeks imprisonment, suspended for 12 months and ordered to complete 150 hours of unpaid work in the community at Exeter Magistrates Court on 6 February 2025.  He was also ordered to pay costs of £10,875.

HSE inspector Thomas Preston said “Falls from height account for around half of all deaths in the construction industry and Mr Smith is very fortunate to still be alive today.

“The risks of working at height and the control measures are well established, including the need to supervise the work appropriately.  Alternative methods of moving materials up and down from a scaffold platform are available and must be considered when planning roofing projects.”

This HSE prosecution was brought by HSE enforcement lawyer Iain Jordan and paralegal officer Helen Jacob.

 

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 guidance about working at height safely is available.
  5. 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.

New guidance to protect those using gas and air safely in hospitals

New guidance to protect Britain’s midwives from excessive nitrous oxide exposure has been published by the Health and Safety Executive (HSE).

The guidance is aimed at those responsible for ensuring the safety of workers and new mothers on maternity wards.

More commonly known as ‘gas and air’ when mixed with oxygen, nitrous oxide is an invisible gas used widely in healthcare, including for pain relief during childbirth.

Depending on how well exhaled gas from women in labour is controlled, midwives are at greater risk of exposure to higher levels of nitrous oxide due to the extensive time they spend working in labour rooms.

Over time, high levels of exposure can cause serious health effects including neurological problems and anaemia so it is important that levels are properly controlled.

The recently published guidance on how gas and air should be used safely has been developed by HSE together with maternity specialists in the NHS and is also relevant for professionals working in other parts of the healthcare sector, outside of maternity wards.

Nitrous oxide is subject to the Control of Substances Hazardous to Health Regulations (COSHH). It has a long-term workplace exposure limit of 100 ppm or 183 mg.m3 8-hour time weighted average.

HSE advises that all hospitals using gas and air should carry out a COSHH risk assessment of each space in which it is used.

Helen Jones, head of HSE’s health and public services sector said: “This is an essential piece of guidance.

“It should be taken on board by those responsible for managing health and safety in maternity units and for controlling the risks faced by staff who work with nitrous oxide. This should include consideration of workers who may be more vulnerable to the effects of exposure, such as those who are pregnant.

“Workers must also be fully consulted when it comes to monitoring how effective the control measures are, including how results are to be used.

“This will include how workers will be managed if results suggest their exposure should be reduced.”

There are three main types of control systems used in maternity wards:

The demand valve and mouthpiece or facemask system is the most effective method of control. This is because the exhaled air is not released back into the room, as long as the mouthpiece or facemask is not removed before the patient exhales.

General ventilation is least effective because it:

It is important that exposure monitoring for any airborne contaminant includes the relevant contextual information for each sample taken. For nitrous oxide in a maternity department, this would include:

 

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. Further details on the latest HSE news releases is available.
  3. Guidance on the safe use of nitrous oxide in maternity units is available.