Corporate

Registration data reflects Building Control Profession’s commitment to high standards

Building Control registration data indicates a growing number of professionals joining the registered ranks, reflecting the industry’s commitment to upholding high standards.

The transition extension period ensured sector professionals had sufficient opportunity to align with the new requirements at a realistic pace without disrupting or compromising their ability to provide essential services.

As of 30 July 2024, there were 4,049 building professionals registered as building inspectors in England and Wales. All Registered Building Inspectors have signed up to and are accountable under the Code of Conduct.

Registration by classes:

Commenting on the latest figures, Ged Cooper, BSR Head of Building Control Professional Standards, says: “We are encouraged by this steady increase in numbers and are pleased to see a consistent level of success in Class 2 and Class 3 and it’s heartening that a high proportion are also Class 4 technical managers. We expect to see this positive progress continue.

“BSR is focused on being a fair and pragmatic regulator. Granting an extension for building inspectors to complete their competency assessments shows our commitment to a supportive regulatory environment and a level playing field in building control.

“Building Control Bodies must take regulatory advice from RBIs of Class 2 or Class 3 RBIs to perform their functions effectively. We’ve started investigations and inspections of these bodies and will require assurance with evidence to demonstrate that they have sufficient resources to deliver their regulatory duties and responsibility.”

Throughout the transition period, BSR listened to and acknowledged the sector’s challenges. This included enabling a limited number of professionals who had completed the competency assessment process by the 6 July deadline, but were awaiting their results, to continue to undertake the restricted activities for which they had completed the assessment process.

On the immediate future for the profession, Ged Cooper says: “As an enabling regulator, BSR focus on facilitating compliance and supporting building control professionals through clear regulatory pathways and frameworks. Building control is crucial in the construction process, and we value the role of building inspectors in supporting Building Control Bodies.

“The profession is entering a new transformative era, with unified, consistent standards making it a positive career choice. Enhanced professional standards will lead to stronger compliance with building regulations. Improved practices will set high standards as the norm, not the exception.

“Looking at the landscape ahead, the quality, effectiveness, and efficiency of building control activities are set to significantly improve”.

BSR believes that increased transparency and accountability within the building control sector will increase confidence and trust, reassuring the public that building work is being strongly and consistently regulated. This improved status will not only help attract new professionals into the sector but also retain existing talent, contributing to a more robust and effective building control landscape.

Find a registered building inspector in England – GOV.UK (www.gov.uk)

Find a registered building inspector in Wales – GOV.UK (www.gov.uk)

[1] Transitional arrangements in Wales can be found here

 

Notes to Editors

  1. Plans for regulation of the Building Control profession were introduced in the Building Safety Act 2022. BSR has worked closely with representative bodies from the profession over a considerable period of time to prepare for implementation of the new requirements.
  2. The standards required to demonstrate competence have been regularly communicated to the profession. The Building Inspector Competence Framework (BICoF) went through a full public consultation between October and December 2022 and was published in April 2023.
  3. Registered Building Inspector’s competence requirements are set out in the BICoF. The class of registration required to be achieved will depend on the complexity and risk of the building work being controlled. Inspectors must select a class of registration appropriate to their work and demonstrate their competence through an independent competence assessment scheme. There are 4 Classes of building inspector registration. Class 1, 2, 3 & 4.
  4. All Registered Building Inspectors sign up to the Code of Conduct and are accountable to the Regulator. The Code of Conduct also places a responsibility on registered building inspectors not to act beyond their individual competence.
  5. BSR will focus regulatory activity on building control bodies and inspectors

Ten HSE stories you might have missed this summer

It has been a busy start to the summer for HSE with many prosecutions throughout June and July.

Here are TEN prosecution cases you might have missed during that time:

Tata Chemicals fined following young father’s death

On 5 June, Tata Chemicals Europe Limited was fined more than £1 million at Chester Crown Court.

The case was brought against the firm following the death of a young father who died while erecting a scaffold tower in a chemical plant in Northwich.

Michael Densmore, from Halewood in Merseyside, died following complications to the wound he sustained after his right foot slipped into a trough containing a liquid chemical calcium hydroxide – more commonly known as ‘milk of lime’ – causing chemical and thermal burns.

Michael alongside his sons Billy and Mikey

The 37-year-old father-of-four was one of a number of scaffolders employed by Altrad NSG to erect scaffolding at Tata’s Lostock Hall site.

On 30 November 2016, during the course of this work, Mr Densmore stepped over a trough which contained milk of lime – which had been heated to approximately 90 degrees centigrade. His right foot slipped on an unfastened lid covering the trough, resulting in him sustaining chemical and thermal burns to his foot and ankle.

You can read the full story here: Tata Chemicals fined following young father’s death | HSE Media Centre.

Openreach fined following death of engineer

Telecommunications giant Openreach was given a £1.34 million fine after an engineer died while trying to repair a telephone line in Wales.

Alun Owen, from Bethesda, died after he slipped and fell into the River Aber in Abergwyngregyn and was swept away on 6 October 2020.

A joint investigation by HSE and North Wales Police found that a number of Openreach engineers had been attempting to repair the telephone lines, which ran across the river, over a period of two months. They had been working both near and in the river.  At the time of the incident, there had been flooding in the area which meant the river was much higher and faster flowing than usual.

Alun Owen

Mr Owen, 32, entered the water and made his way to an island in the middle of the river in order to try and throw a new telephone cable across to the other side by taping it to a hammer and then throwing the hammer. As he attempted to cross the remaining section of the river, he slipped in a deeper part and the force of the river swept him away.

He was described by his family as a ‘loving and selfless character’.

You can read more on this story here: Openreach fined following death of engineer | HSE Media Centre

Construction company fined £2.345m after worker drowned in river

Construction company BAM Nuttall Ltd was fined following the death of worker Gary Webster, who lost his life two days after drowning in the River Aire on 30 October 2017.

Mr Webster and another worker had been on a boat removing debris at the bottom of the weir gates at Knostrop Weir when it capsized. The boat had been pulled into turbulent water, caused by the considerable flow of water flowing over the top of the weir.

The 60-year-old was repeatedly pulled under the water and was eventually recovered by a diver 14 minutes later. The other worker managed to swim to safety.

Mr Webster was pronounced dead on 1 November 2017 at Leeds General Infirmary.

You can read more about this case here: Construction company fined £2.345m after worker drowned in river | HSE Media Centre

Housing company fined after worker killed by concrete blocks

On 19 June, Avant Homes (Scotland) Ltd was fined more than £300,000 after a driver was crushed to death by falling concrete blocks at a construction site in South Lanarkshire.

Conor Joseph Morgan had been delivering materials to Shott Farm in High Blantrye, a construction site being operated by the firm, when the incident happened on 19 April 2017.

The 45-year-old, who was employed as a HGV driver for Regen Waste Limited, was crushed as the concrete blocks were being unloaded from the articulated flatbed trailer using an excavator with pallet fork attachment. However, the length of the pallet forks fitted to the excavator exceeded the width of the pallet being unloaded.

As the pallet was being lifted the forks caught a second pallet of concrete blocks causing them to topple from the edge of the trailer and onto Mr Morgan.

You can read more about this case here: Housing company fined after worker killed by concrete blocks | HSE Media Centre

Livestock auctioneers fined after man, 75, killed by cow

Llanelli Magistrates fined the operators of a livestock market on 20 June after a cow being auctioned managed to escape and kill a pensioner.

Father-of-two Huw Evans was knocked down and trampled by the cow in the Welsh town of Whitland on 19 November 2022.

Huw Evans

A worker at J.J. Morris Limited was also injured in an unsuccessful attempt to capture the cow, which later ran towards Whitland Rugby Club and a railway line before being captured and put down by Dyfed-Powys Police.

You can read more about this story here: Livestock auctioneers fined after man, 75, killed by cow | HSE Media Centre

Charitable trust fined following death of volunteer

Wilts & Berks Canal Trust was fined £30,000 after 62-year-old volunteer was killed while carrying out restoration work on 24 August 2016.

Peter Konitzer was fatally crushed when a section of a wall collapsed onto him in an excavation at Pewsham locks. He had been inside the excavation removing temporary propping that was supporting the wall when a section of it collapsed.

A section of the wall collapsed while Mr Konitzer was inside the excavation

The trust had been carrying out the restoration work as part of its project to preserve, conserve and improve the route of the Wilts and Berks Canal. However, it failed to ensure the safety of its volunteers working on it.

A joint HSE and Wiltshire Police investigation found the temporary propping to be inadequate and there was no clear method for the safe installation or removal of props during the work.

You can read the full press release here: Charitable trust fined following death of volunteer | HSE Media Centre

Explosives manufacturer fined £670,000 after worker dies

At a hearing at Swindon Magistrates’ Court on 27 June, a manufacturer of military explosives was fined following the death of a 29-year-old.

Piotr Zukowski was killed in an explosion at a factory in Salisbury being operated by Chemring Countermeasures Limited. Another man was seriously injured following the blast on 10 August 2018.

Piotr Zukowski was killed following an explosion in 2018

The pair had been cleaning a vessel used in the production of MTV – an explosive substance used in military flares.

Piotr’s mother Elżbieta, said her life ‘stopped’ on the day her son was killed.

You can read more about this story here: Explosives manufacturer fined £670,000 after worker dies | HSE Media Centre

Engineering firm fined after employee sustains serious injuries at HS2 site

On 15 July, St Albans Magistrates fined an engineering firm after a worker sustained multiple injuries while working at a HS2 construction site in Hertfordshire.

The mechanical engineer had been employed by EMC Elite Engineering Services Ltd when he fell more than 30 feet on 20 November 2022.

The man, who was 57 at the time, fell through a gap in a conveyor’s stairway and landed on the concrete floor below. He sustained a fractured pelvis, skull, hip, jaw and two broken wrists.

He spent two months in hospital following the incident, undergoing surgery requiring him to have six plates inserted into his face.

A still of the CCTV which captured the moment the man fell

You can read more about this prosecution here: Engineering firm fined after employee sustains serious injuries at HS2 site | HSE Media Centre

£240,000 fine for company after fall left man paralysed

A Cheshire-based electrical transmission company was fined more than £200,000 after a man was left paralysed following a fall from height.

North Wales man Gavin Pugh had been demolishing and replacing electricity pylons in East Staffordshire when the incident happened on 6 April 2022.

Gavin Pugh fell more than 30 feet during work to demolish electricity pylons in East Staffordshire

Birmingham Magistrates Court heard how Mr Pugh and his colleagues were unaware of previous work already undertaken to loosen bolts on the tower. This caused him to fall more than 30 feet.

He spent six months in hospital and has been left unable to work as a result of his extensive injuries.

You can read the full story here: £240,000 fine for company after fall left man paralysed | HSE Media Centre

Recycling company fined £3m after one man died and another seriously injured

A national recycling firm was fined £3 million after one man died and another was seriously injured as they decommissioned an old North Sea gas rig.

Stephen Picken, 62, and Mark Kumar were working for Veolia ES (UK) Limited at an onshore facility in Great Yarmouth when the incident happened on 17 October 2019.

The pair had been removing an overhanging piece of metal pipework (known as a skirt pile), weighing in excess of 27 tonnes, from a jacket (a structure placed in the sea, designed to support oil and gas rig platforms), when it gave way. The pile struck the mobile elevating work platform (MEWP) containing the men, throwing them to the ground about 12 metres below.

The aftermath of the incident in Great Yarmouth.

Mr Picken died at the scene and Mr Kumar suffered serious life-changing injuries.

A HSE investigation identified serious failures including shortcomings in terms of supervision.

You can read more about this case here: Recycling company fined £3m after one man died and another seriously injured | HSE Media Centre

Wolverhampton company fined after worker hit by forklift truck

A manufacturing company based in Wolverhampton has been fined £30,000 after a welder sustained serious injuries when he was struck by a forklift truck.

David Lucas was working for Fablink UK Limited at its weld shop site on Stafford Road when he was hit by the reversing forklift on 12 January 2023.

The forklift driver was moving large jigs in and out of a welding pen when it struck 45-year-old Mr Lucas. He sustained injuries including a fractured ankle and a broken elbow, and spent several days in hospital.

An investigation by the Health and Safety Executive (HSE) revealed that there were inadequate measures to segregate pedestrians and vehicles at the site, including the weld shop where the accident happened. It was commonplace for forklifts to enter the welding areas and pens whilst pedestrians were in close proximity.

Arrangements for monitoring the condition of vehicles was also inadequate and poor maintenance regimes were in place. The forklift truck involved in the accident was in a poor state of repair, including a broken horn and excessively worn tyres. The risk assessment for workplace transport was not suitable and sufficient, and the company had received previous HSE advice in relation to workplace transport and in particular about vehicle and pedestrian segregation.

Fablink UK Limited of Stafford Road, Wolverhampton pleaded guilty at Dudley Magistrates Court to breaching Section 2 (1) of the Health and Safety at Work etc. Act 1974. They were fined £30,000 and ordered to pay costs of £6,104.

HSE inspector Heather Campbell commented “This case emphasises the dangers to safety from poorly managed workplace transport and plant maintenance.

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

The prosecution was brought by HSE enforcement lawyer Edward Parton and HSE paralegal officer Helen Jacob.

 

Notes to editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.
  5. Guidance for working safely with vehicles is available.

Company fined £160,000 after worker loses legs

A company has been fined £160,000 after an employee lost both legs whilst working at its site near Warrington.

On 20 June 2022, Andrew McAuley, from Runcorn, an employee of William Stobart & Son Limited was picking orders at the firm’s warehouse in Appleton Thorn.

The 64-year-old was working in close proximity to a forklift truck (FLT) which was being used to load pallets of slate tiles onto a waiting truck. The FLT was carrying two pallets, one on top of the other. The top pallet was not secured to the one below, and when the driver turned the vehicle, both pallets became detached from the forks, with the upper pallet striking Mr McAuley, crushing his legs.

A pallet of slate tiles crushed Andrew McAuley’s legs

Mr McAuley had to have both legs amputated below the knee. He has been left dependent upon a wheelchair and unable to drive or climb stairs, leading to the need for extensive adaptations to the family home.

An investigation by the Health and Safety Executive (HSE) found that William Stobart & Son Limited failed to ensure this area of the warehouse was organised so that vehicles and pedestrians were segregated and circulated in a safe manner and loads were secured so far as was reasonably practicable.

The incident happened at the firm’s warehouse in Appleton Thorn, near Warrington

William Stobart & Son Limited, of Ashville Way Industrial Estate, Sutton Weaver, Runcorn, Cheshire pleaded guilty to breaching regulation 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £160,000 and ordered to pay £4,478 costs at a hearing at Warrington Magistrates Court on 30 July 2024.

The prosecution was supported by HSE enforcement lawyer Sam Tiger and paralegal Sarah Thomas.

After the hearing HSE Inspector Lorna Sherlock said: “Mr McAuley has been left with devastating and life changing injuries.

“The company failed to implement a safe system of work for loading and unloading activities, thereby exposing employees, and others, to the risk of being struck by loads or workplace vehicles. This case illustrates the consequences of failing to segregate vehicles and pedestrians, and to properly secure loads.

“This injury could easily have been prevented. Employers should make sure they assess work activities sufficiently and apply effective control measures to minimise the risk from workplace transport.”

 

Notes to editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.
  5. Guidance for working safely with vehicles and securing loads is available.

Recycling company director sentenced after worker loses leg

The director of a Halifax-based recycling company has been given a community order after a worker lost part of his left leg when it was crushed by machinery.

Daisy Ning Bai, 43, the director of BW Recycling Limited, was told she must complete 160 hours of unpaid work after pleading guilty to health and safety breaches. They related to an incident on 26 November 2019 at the company’s Cinderhall Works site on Sidall Top Lane.

The incident saw Nathan Bland, who was just 20 years of age at the time, have the lower part of his left leg instantly amputated. He also lost several toes from his right foot after his legs were crushed inside a waste baler – a piece of equipment used to compress waste products into a form that’s easy to manage for recycling or disposal.

In a victim personal statement, Mr Bland, who is now 25, said ‘every day was a struggle’ and that returning to work had proved to be very difficult due to the prosthetic leg he now has to wear.

“I can still have flashbacks,” he said.

“I also struggle as my stump has issues fitting on my prosthetic leg.

“The incident has also affected my social life as it has given me PTSD and depression.

“I have had to get a support worker to help with my daily activities to help me with daily activities such as shopping and going to appointments.”

Nathan Bland lost his leg after it was crushed inside this waste baler

An investigation by the Health and Safety Executive (HSE) found that Daisy Ning Bai, introduced a working platform in front of the baler to make the job of filling the hopper easier for the operatives. The introduction of the platform in front of the hopper permitted easy access to the baling chamber including access to the dangerous moving parts of the baler itself.

Daisy Ning Bai, director of BW Recycling Limited of Ridge View Drive, Huddersfield, West Yorkshire pleaded guilty to breaching Section 37(1) of the Health & Safety at Work etc Act 1974. She was given a 12-month community order and must complete 160 hours of unpaid work. She was also ordered to pay £5,843 in costs.

After the hearing, HSE inspector Sarah Lee commented: “A young man has had his life changed forever as a result of this incident.

“Companies and individuals that use balers should not install working platforms or other devices in front of the hoppers on balers as it permits access to dangerous moving parts of the baler.

“This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices”

 

Notes to editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.

£240,000 fine for company after fall left man paralysed

A Cheshire-based electrical transmission company has been fined £240,000 after a man was left paralysed from the chest down after a fall at work.

Gavin Pugh, from Bangor in North Wales, was 35 at the time of the incident and employed as a linesman by Wood Transmission and Distribution Limited. He had been demolishing and replacing electricity pylons in East Staffordshire when he fell more than 30 feet on 6 April 2022.

Birmingham Magistrates Court was told how Mr Pugh and his colleagues began working on a pylon known as Tower AE11 in preparation for its demolition. They were unaware there had been previous work to loosen the bolts on the tower, known as “bolt cracking”, undertaken by another team of linesmen. This work had not been risk assessed and there were no systems in place to effectively record and communicate what they had actually done.

Gavin Pugh fell more than 30 feet during work to demolish electricity pylons in East Staffordshire

In addition, the team that was sent to site that day was also under-staffed for the work being carried out. As the job progressed, Mr Pugh unknowingly attached his fall protection lanyard to a diagonal steel section that was only securely bolted in place at its uppermost fixing. As he moved around the tower, the steel section he was attached to dropped into a vertical position, causing his lanyard to fall loose, resulting in him falling to the ground. He spent six months in hospital and has been left unable to work as a result of his extensive injuries.

An investigation by the Health and Safety Executive (HSE) found that Wood Transmission and Distribution Limited failed to ensure that the work at height was properly planned, appropriately supervised, and carried out in a manner that was, so far as was reasonably practicable, safe. The company had not considered the work at height hierarchy as part of its planning and had not assessed the risks associated with bolt cracking. Furthermore, it had not adequately resourced the task in line with its own safety documentation, and had failed to put in place a process for transferring work between teams and ensuring safety critical information was recorded and communicated effectively.

On 12 April 2024, Wood Transmission and Distribution Limited, of Booths Park, Chelford Road in Knutsford pleaded guilty at Birmingham Magistrates Court to breaching regulation 4(1) of the Work at Height Regulation 2005. At a hearing on 17 July 2024 they were subsequently fined £240,000 and ordered to pay costs of £14,142.

HSE Inspector Robert Gidman said: “This tragic incident could have been prevented had Wood Transmission and Distribution Limited put in place adequate arrangements to protect its workers from harm.

“Proper assessment of the risks and consideration of work methods, adequate staffing, and clear procedures for transferring towers between teams could have enabled this work to go ahead without incident.

“Instead, because of the company’s shortcomings, a worker has sadly and unnecessarily been left paralysed.

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

 

Notes to editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.

Explosives manufacturer fined £670,000 after worker dies

A manufacturer of military explosives has been fined £670,000 after an employee was killed and another seriously injured in an explosion at its factory near Salisbury.

The two men were working on the production of MTV – an explosive substance used in military flares – at the premises of Chemring Countermeasures Limited in High Post on 10 August 2018. They were cleaning a vessel used in the production and were removing residual explosive material in preparation for the next day’s shift.

Piotr Zukowski, 29 of Southampton was partially inside the vessel when the remaining material exploded, killing him instantly. Another worker, Jake West, 32 was caught in the resulting fireball and sustained substantial burns.

Piotr Zukowski was killed following an explosion in 2018

Piotr’s mother Elżbieta, said her life ‘stopped’ on the day her son was killed.

“At the time, I was on holiday in Greece with my younger, 13-year-old son Maks.

“Then, my son Piotr died at Chemring. That’s when my heart stopped.

“I don’t know how we got back, I don’t know how I survived the next weeks. It was and still is a nightmare.

“Piotr went to work, as usual, and never came back.

“I could give all my money, my life, only for my son Piotr, at least for a moment, to appear in this world, so that I could hug him, to see his smile, to hear his voice.”

Piotr Zukowski and his mother Elżbieta

An investigation by the Health and Safety Executive (HSE) found that Chemring Countermeasures Limited of Romsey, Hampshire, had failed to carry out a suitable and sufficient risk assessment. They had also failed to identify that explosive material was building up within work equipment, or to identify the sensitiveness of these explosives and had not put in place controls to ensure that this build-up of material did not present a serious risk to workers. Furthermore, workers were poorly supervised, allowing routine non-compliance with process instructions to take place.

The company holds an explosive licence, granted by HSE, which permits the manufacture and storage of explosives. Activities carried out in the corridor compromised the route of access and egress from the building and were contrary to the conditions of the licence. It was also custom and practice to have the doors to all of the bays in the building open during the working day, also contrary to the conditions of the licence.

When the initiation occurred, because explosive waste was processed and stored in the corridor, it was allowed to communicate to other parts of the building thus increasing the severity of the event. Mr West was injured, receiving serious burns, whilst working in the corridor.

Chemring Countermeasures Limited pleaded guilty to breaching Regulation 2(1) of the Health and Safety at Work etc Act 1974. They were fined £670,000 and was ordered to pay £12,835 costs at a hearing at Swindon Magistrates’ Court on 27 June 2024. The prosecution was supported by HSE enforcement lawyer Alan Hughes and paralegal officer Ellen Garbutt.

After the hearing HSE inspector David Myrtle said: “This tragic incident led to the avoidable death of a young man. It could easily have been prevented.

“The failure to properly recognise the hazards posed by MTV throughout the production process, the unchecked build-up of waste MTV and a general lack of knowledge of good explosives practice meant the control measures in place were inadequate.”

 

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.
  4. Guidance for working safely with explosives is available.

Companies fined after 16-year-old worker exposed to asbestos

Two companies have been fined after a teenage worker was exposed to asbestos.

The 16-year-old had been working for P Turnbull Joinery and Building Services Ltd on an outbuilding of a domestic property after the firm had been hired by Alt Berg Holding Limited to refurbish the property in Richmond, North Yorkshire.

He had been breaking up cement sheets taken from the roof of the property and putting them into a skip on 7 June 2021. Asbestos was later found to be in the cement sheets, exposing the worker to asbestos fibres.

A Health and Safety Executive (HSE) investigation found that Alt Berg Holdings Limited had failed to carry out an asbestos refurbishment and demolition survey of the property, which would have identified the asbestos. P Turnbull Joinery and Building Services Ltd had not properly assessed the work and failed to prevent the worker being exposed to asbestos.

P Turnbull Joinery and Building Services Ltd, of Attwood Terrace, Wolsingham, Durham, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £2,000 and ordered to pay £500 in costs at Peterlee Magistrates’ Court on 20 June 2024.

Alt Berg Holdings Limited, of Moor Road, Melsonby, Richmond, North Yorkshire, pleaded guilty to breaching Regulation 4(4) of the Construction (Design and Management) Regulations 2015. The company was fined £6,000 and ordered to pay £1,950 in costs at Peterlee Magistrates’ Court on 20 June 2024.

HSE Principal Inspector Chris Tilley commented: “A suitable and sufficient asbestos refurbishment and demolition survey of the building undertaken by the client and provided to the contractor before work started would have identified the presence of asbestos in the roofing materials. The contractor could have ensured that suitable controls were put in place and the asbestos removed safely before further work was undertaken.

“This incident could so easily have been avoided by the provision of suitable and sufficient pre-construction information, effective communication between the parties and the use of correct control measures and safe working practices.”

This prosecution was brought by HSE enforcement lawyer Chloe Ward and supported by HSE paralegal officer Rebecca Withell.

 

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 delivery driver electrocuted

A company in Berkshire has been fined £30,000 after a father-of-four was electrocuted.

Levi Alleyne (known as ‘Chunky’) lost his life while delivering crushed concrete at a construction site on Swallowfield Road, Reading, on 16 November 2020.

Chunky was killed after the crane arm of his lorry came into close contact with an overhead power line, which then created an electrical charge.

The 41-year-old later passed away from his injuries.

A Health and Safety Executive (HSE) investigation found BBM Contracts Limited, the principal contractor, ordered the delivery and chose the area where the crushed concrete would be delivered. However, the delivery area was located below an 11kv overhead powerline. The company was aware of the presence of overhead powerlines but did not consider whether there was an alternative way of working which avoided them, nor did it put in place demarcations or warnings. An alternative delivery route was subsequently used following the incident.

BBM Contracts Limited, of Aldbourne Avenue, Earley, Reading, pleaded guilty to breaching Regulation 13(1) of the Construction (Design and Management) Regulations 2015. The company was fined £30,000 at Reading Magistrates’ Court on 20 June 2024.

HSE principal inspector Georgina Symons said: “This tragic incident led to the death of a father-of-four. This death might have been prevented if the contractor had correctly identified and managed the risks involved.

“The dangers associated with overhead power lines are well-known and a wealth of advice and guidance is freely available from HSE and other organisations.”

This prosecution was brought by HSE enforcement lawyer Samantha Tiger and supported by HSE paralegal officer Helen Jacob.

 

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.
  4. BBM Contracts Limited has also been ordered to pay £11,613.50 in compensation to the family of Levi Alleyne.

Housing company fined after worker killed by concrete blocks

A housing company has been fined more than £300,000 after a driver was crushed to death by falling concrete blocks at a construction site in South Lanarkshire.

Conor Joseph Morgan had been delivering materials to Shott Farm in High Blantrye, a construction site being operated by Avant Homes (Scotland) Limited, when the incident happened on 19 April 2017.

The 45-year-old, who was employed as a HGV driver for Regen Waste Limited, was crushed as the concrete blocks were being unloaded from the articulated flatbed trailer using an excavator with pallet fork attachment. However, the length of the pallet forks fitted to the excavator exceeded the width of the pallet being unloaded.

As the pallet was being lifted the forks caught a second pallet of concrete blocks causing them to topple from the edge of the trailer and onto Mr Morgan.

The Health and Safety Executive (HSE) investigated and found that Avant Homes (Scotland) Limited as the principal contractor on site should have ensured there was a safe system of work for the unloading of the delivery vehicle driven by Mr Morgan. It also found Regen Waste Ltd had not carried out a suitable and sufficient assessment of risk for the drivers delivering to remote sites not under its control.

On 19 June at Hamilton Sheriff Court, Avant Homes (Scotland) Limited of Edinburgh Park, Edinburgh pleaded guilty to a breach of Section 3(1) of the Health and Safety at Work etc. Act 1974 and were fined £333,000. Regen Waste Limited of Newry, County Down pleaded guilty to breaching Regulation 3(1)a of the Management of Health and Safety at Work Regulations 1999 and were fined £23,000.

Speaking after the case HSE principal inspector Graeme McMinn said: “This was a tragic and wholly avoidable incident, caused by a failure of the principal contractor to implement a safe system of work.  The employer also failed to carry out a suitable and sufficient assessment of risk.”

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

HSE website has guidance on the safe loading and unloading of vehicles at Loading/Unloading activities – Workplace transport checklist – Section 6 (hse.gov.uk)

 

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.