A manufacturing company has been fined after an employee broke his arm while operating machinery at its site in Warwickshire.

Andrew Elson, from Rugby, suffered multiple fractures to the ulna and radius bones in his right arm while working at Screening Consultancy and Supplies Ltd on 25 November 2022.

The 54-year-old had been clearing debris off the bed of a radial arm drill at the firm’s site on Somers Road in Rugby, when his right hand became entangled in the machine.

This led to Mr Elson sustaining six different bone fractures in his right hand and arm, that required surgery.

He said: “I totally lost my independence for around two months and my wife had to do everything.

“I don’t know what the future holds. I work a manual job with my hands, I don’t know how long I can continue to do this for.

“I still have trouble using my hands and fingers, and sometimes I wake up and they are stiff, numb, and achy.”

An investigation by the Health and Safety Executive (HSE) found Screening Consultancy and Supplies Ltd had failed to undertake a suitable and sufficient assessment of the risk associated with this work activity, and subsequently failed to implement a safe system of work.

HSE guidance can be found at: Health and safety in engineering workshops – HSG129 (hse.gov.uk).

Screening Consultancy and Supplies Ltd, of Somers Road, Rugby, Warwickshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £28,000 and ordered to pay costs of £3,616 at Birmingham Magistrates’ Court on 19 September 2024.

HSE inspector Charlie Rowe said: “This prosecution highlights how employers should adequately assess the risks and then ensure they have a safe system of work in place for the operation of all machinery.”

This prosecution was brought by HSE enforcement lawyer Chloe Ward and Neenu Bains, and supported by paralegal officer Melissa Wardle.

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.

Twelve-year-old Louis Watkiss died after an accident at the Snowdome at Tamworth on 24 September 2021.
After an initial joint investigation with Staffordshire Police, HSE can now confirm Snowdome Limited has been charged with breaching section 3 of Health and Safety at Work etc. Act 1974.
A guilty plea has been indicated by Snowdome Limited and the case will be sentenced at Telford Magistrates Court on 26 February 2025.

*updated on 10 October 2024

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.

The National Grid has been fined more than £3million after its failures left a father-of-two with life-changing injuries from working on a pylon in South Wales.

Justin Hollins was working replacing step bolts on the pylon at Treforest Industrial Estate in Pontypridd, when he received an electric shock of 33 thousand volts. The 50-year-old sustained burns to 40 per cent of his body, including to his arms and legs, and also lost part of his right buttock.

National Grid Electricity Distribution (South Wales) Plc and 4 Power Ltd both received fines in relation to the incident, which happened on 3 December 2020.

Mr Hollins, who had six operations in the space of his first 10 days in hospital, told of how he required 24 hour care for months afterwards.

“This was a very difficult time, with relentless operations and endless, painful changing of dressings.

“Every day was a huge battle.

“I stopped needing to attend hospital appointments in August 2022 but will remain a burns patient for the rest of my life.

“At the time of my accident I was in peak physical condition, which I was told by the hospital is probably the reason I survived.

“I have been stripped of the opportunity to provide for me family doing the job I loved.

“Although I appreciate that I have been lucky to survive, I have to live with the physical and mental effects of the accident for life. I also have to live with the uncertainty of the long term damage 33 thousands volts have done to my internal organs.”

Cardiff Crown Court heard that Mr Hollins, also suffered nerve damage that affects mobility, was wearing a climbing harness and left hanging on the pylon for some time before being rescued by his colleagues.

An investigation by the Health and Safety Executive (HSE) found that 4 Power Ltd who are based at Unit 1b, Iddenshall Hall Farm in Cheshire, failed to properly plan and assess the risk.  Had this been done, it would have identified that the arms of pylon were too short to do the work safely, while maintaining the specified safety distances as per industry standard.  National Grid Electricity Distribution (South Wales) Plc who are based at Avonbank, Feeder Road, Bristol failed to ensure that the electricity was off in order to do this work safely on the pylon.

4 Power Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and have been fined £80,000 and ordered to pay costs of £14,123.

National Grid Electricity Distribution (South Wales) Plc pleaded guilty to breaching Regulation 14 of the Electricity at Work Regulations 1989 and have been fined £3.2million and ordered to pay costs of £20,460.

Speaking after the hearing HSE Inspector Rhys Hughes said: “The injuries sustained by Mr Hollins have been truly life-changing. He is lucky to be alive.

“Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information and instruction to workers.

“What is so frustrating in incidents like these is if a safe system of work had been in place before the incident, his injuries would have been prevented.

“HSE provides advice and guidance to employers and workers unsure of what their duties are or how to comply for free on hse.gov.uk.”

This prosecution was brought by HSE enforcement lawyer Iain Jordan and supported by HSE 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 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 on the safe use of work equipment is available.

A North London food manufacturer has been fined £150,000 for failing to prevent access to dangerous parts of machinery.

The failings came to light following a routine inspection by Britain’s workplace regulator – the Health and Safety Executive (HSE) in October 2023.

During the visit to Wembley-based Oriental Delight (UK) Limited, the HSE inspector identified multiple failings related to the guarding of machinery. Three machines were deemed unsafe due to interlocking safety devices being defeated and guards being completely removed.

However, it wasn’t the first time the food company had come onto HSE’s radar , with prohibition notices being issued in both 2016 and 2019.

Identical guarding failings were again found at the inspection in October 2023, demonstrating that the company had not only failed to sustain improvements, but had effectively ignored HSE’s previous enforcement action by continuing to use these machines in an unsafe manner.

On 4 September 2024, at Westminster Magistrates’ Court, Oriental Delight (UK) Limited pleaded guilty to three breaches of Regulation 11(1) of The Provision and Use of Work Equipment Regulations 1998 and was fined £150,000 and ordered to pay costs of £3,020.

Following the hearing, HSE Inspector Marcus Pope said: “This case sends out a clear message to the food manufacturing industry that HSE will not hesitate to prosecute when inspectors find serious health and safety failings, particularly when previous enforcement and advice has been provided.”

“Once again we see how critical it is that all employers make sure they properly assess and apply effective control measures to minimise the risk from dangerous parts of machinery.”

This prosecution was brought by HSE enforcement lawyer Arfaq Nabi and supported by HSE paralegal officer Imogen Isaac.

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. Further information about preventing access to dangerous parts of machinery is available.

An Essex-based tyre refurbishment company has been fined £54,000 following a worker sustaining significant injuries after being drawn into a machine.

Neal Hetherington was working for D&D Commercial Services Limited at its premises on Lamson Road in Rainham, when the incident happened on 19 August 2021.

The company, which specialises in commercial tyre re-treading, was given the fine as a result of the 42-year-old coming into contact with the spinning blades of a tyre buffing machine. The machine had been freewheeling to a stop after being used, when he was drawn into it by his t-shirt, which resulted in part of his torso being shredded.

Mr Hetherington, from Woodford Green, required immediate hospital treatment for his injuries and was off work for several months afterwards.

An investigation by the Health and Safety Executive (HSE) found that D&D Commercial Services Limited had failed to ensure that the hold-to-run controls were working as they should, and that the brake on the bladed rotating rasp was operational. The brake should have stopped the rasp moving immediately on letting go of the controls, but in fact, would continue to freewheel for approximately five minutes before coming to rest.

HSE prosecuted D&D Commercial Services under Section 2(1) of the Health and Safety at Work etc. Act 1974 for its failure to ensure the health, safety, and welfare of its employees. The company did not enter a plea.

The court found the company guilty following a hearing at Westminster Magistrates Court on 4 September 2024. They were fined £54,000 and ordered to pay costs of £6,000.

After the hearing, HSE Inspector Oscar Dower said “This case sends a clear message to industry that HSE will hold companies to account if they fail to protect their workers.

“The company allowed its workers to use a machine that was not adequately braked or guarded, leading to significant and wholly avoidable injuries to one of its employees. If the company had ensured the machine’s safety features were working as they should have been, this would not have happened.

“Companies should ensure that safety features of work equipment always remain functional, so that workers are kept safe whilst using machinery.”

This HSE prosecution was supported by HSE enforcement lawyer Arfaq Nabi and Matt Reynolds and HSE Paralegal Officer Imogen Issac.

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.

Video footage taken by a neighbour captured the moment a farmer allowed one of his grandchildren to illegally ride in his tractor and ultimately led to his conviction.

William Howard Walters, 78, was given a 12 month community order after he was spotted with the child in the tractor cab as he fed cattle on his farm in South Wales.

Walters had already been issued with a prohibition notice by the Health and Safety Executive (HSE) in November 2020 after admitting to inspectors he allowed his pre-teen grandchildren to ride in his tractor. However, just two months later, he was filmed by his neighbour flagrantly breaching the terms of that notice.

A HSE inspector who investigated Mr Walters says the law is “very clear”. Children under 13 are specifically prohibited from driving or riding on or in any agricultural machine, including the tractor cab.

At the time of committing the offence, Walters, of Tirmynydd Farm in Birchgrove, Swansea, was already the subject of a suspended prison sentence for unrelated environmental offences. In a case that was heard on 27 August 2024 at Swansea Crown Court, he was fined £500 for breaching the terms of that sentence. As part of his community order, Walters must attend 25 days of rehabilitation.

Agriculture remains one of the most dangerous industries in Britain, with on average around 29 people killed each year. Being killed by vehicles remains the most significant cause of work related fatality over the last five years.

Unfortunately, children are among those deaths with it often being the case that they are family members, with many killed by farm vehicles.

How farmers can keep children safe:

• Children must not be allowed in the farm workplace (young children should enjoy outdoor space in a secure fenced area).
• Any access to the farm workplace by children under 16, for example for education, or knowledge / experience, must be planned and fully supervised by an adult not engaged in any work activity.
• Children under the age of 13 years are specifically prohibited from driving or riding on any agricultural machine. It is illegal.
• Properly trained, instructed, and supervised older children may, in tightly controlled circumstances, be able to help with some straightforward low risk tasks.

Further detailed guidance about child safety on farms and in agriculture is available.

Howard Walters, of  Tirmynydd Farm in Birchgrove, Swansea, pleaded guilty to breaching section 33(1)(g) Health and Safety at Work etc Act 1974. He was given a 12 month community order and ordered to pay £3,000 in costs.

HSE inspector Simon Breen said: “The law around children being allowed in the cabs of any agricultural vehicle is very clear. For any child to ride on agricultural machinery like a tractor is unsafe and illegal.

“The fact this farmer chose to ignore a prohibition notice for putting his grandchildren at risk is all the more staggering.

“We will take action against those who break the law.

“The solution is very simple – young children should never ride in agricultural vehicles.”

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.

Grampian Health Board has been prosecuted after the death of a patient in Aberdeen.

Grampian Health Board, also referred to as NHS Grampian, pleaded guilty following the death of 40-year-old Vincent Mulsant at the Royal Cornhill Hospital on 28 March 2020.

The Board is responsible for commissioning health and care services for the residents in the local authority areas of Aberdeen City, Aberdeenshire and Moray.

Mr Mulsant had been admitted to the hospital on 31 December 2019. He had managed to abscond from the ward in two separate incidents, on 19 and 22 February, which resulted in him being placed under constant supervision.

An investigation by the Health and Safety Executive (HSE) found that Grampian Health Board had failed to adequately manage the risks posed to a patient’s health and safety.

Aberdeen Sheriff Court heard how on 28 March, two staff members found Mr Mulsant lying on the bathroom floor. Despite their efforts and those of paramedics in attendance, Mr Mulsant was pronounced dead at the scene.

As a result of this incident, changes have been made to the management of in-patient wards within Royal Cornhill Hospital.

On 8 August 2024, Grampian Health Board pleaded guilty to breaching Sections 3(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974 and were fined £60,000 with a £4,500 victim surcharge.

Speaking after the case an HSE spokesperson said: “This tragic case highlights the need for suitable and sufficient systems to be put in place to ensure that vulnerable patients are kept safe while they are in hospital.”

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.

A multi-national food company has been fined more than £300,000 after one of its workers lost four fingers on his right hand while unblocking a machine at a site in Glasgow.

Kerry Ingredients (UK) Limited received the fine following an incident at its factory in Hillington on 4 August 2021. The 39-year-old man was working on a mixer at the site, where dry seasoning blends and mixes are manufactured for the food industry.

During the mixing process the machine began to develop a blockage, which the worker attempted to clear by inserting his right hand into the machine. However, as he did so, it came into contact with the rotating blades which resulted in the amputation of four of his fingers. Since the incident, the man has had to re-learn how to do everything with his left hand.

An investigation by the Health and Safety Executive (HSE) established that there were no fixed guards preventing access to the blades from the underside. It also found there were not any interlocked guards which would stop the rotating parts if any component on the underside of the mixer were to be removed.

Kerry Ingredients (UK) Limited of Bradley Road, Bristol pleaded guilty on 26 July 2024 to a contravention of The Provision and Use of Work Equipment Regulations 1988, Regulations 11(1) and (2) and the Health and Safety at Work etc. Act

1974, Section 33(1)(c). At a further hearing on 8 August 2024, the company was fined £360,000.

HSE principal inspector Hazel Dobb said: “This incident could so easily have been avoided by simply carrying out 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.”

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.

A builder has been given a suspended prison sentence after he put the lives of workers at risk on a construction site in London.

David Beadle, trading as Beadle the Builders, failed to comply with a prohibition notice issued by the Health and Safety Executive (HSE) in relation to unsafe working at height at the site on Woodyates Road in South East London.

Falls from height remain the leading cause of death within the construction industry and HSE has published guidance about how these incidents can be avoided.

A proactive investigation by HSE found Beadle allowed workers under his control on at least three occasions to continue using a scaffold which was not properly constructed. It was a potentially dangerous structure at risk of collapse and in breach of the prohibition notice.

Sixty-three-year-old Beadle also failed to ensure that suitable and sufficient measures were in place to prevent workers falling a distance that would have caused personal injury. No edge protection had been installed to the side of the roof, the flat dormer roof, the front elevation of the roof, and safe access was not provided.

He was given a 26-week custodial sentence, suspended for 12 months and was told to complete 150 hours of unpaid work.

Beadle of Rochester Way, London, pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulation 2005 and 33(1)(g) of the Health and Safety at Work etc. Act 1974.  He was also ordered to pay £6,043 in costs at the hearing at Bexley Magistrates Court on 7 August 2024.

HSE Inspector Emma Bitz said “We will not hesitate to take appropriate enforcement action against those who fail to do all that they can to keep workers safe.

“The risks from working at height are well known, as are the control measures required to reduce those risks.

“Falls from height remain the largest cause of workplace deaths in the construction industry.”

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

Notes to editors:

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

• Building control professionals who carry out any building control work in England or Wales must be registered with the Building Safety Regulator (BSR).
• Registration data indicates a growing number of inspectors are joining the registered profession, reflecting industry’s commitment to upholding high standards.
• A temporary 13-week extension period for experienced building inspectors in England to complete their competency assessment came to an end on 6 July 2024.^[1]

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:

• At Class 1 (Trainee) – 1,971
• At Class 2 (Registered Building Inspector) – 1,614
• At Class 3 (Specialist Building Inspector) – 464
• At Class 4 (Building Inspector – Technical Manager) – 516

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