• Gary Anstey, 57, had just become a grandad
• Inspector slams lack of planning that is “all too common”
• HSE guidance on temporary structures is available

A building company has been fined after an employee was crushed to death when a 1.8m high retaining wall collapsed onto him.

Gary Anstey, 57, from Bristol, was working for H. Mealing & Sons Limited at a construction site at a school in Bath when the incident happened on 19 March 2019.

An investigation by the Health Safety Executive (HSE) found that H. Mealing & Sons Limited failed to properly plan and supervise the construction of the retaining wall at Swainswick School. This led to it becoming unstable when a large load of aggregate was placed against the incomplete wall which was not supported.

HSE guidance Temporary Works – HSE requires that any temporary structure must be designed and installed to withstand any loads placed against it and that it is used in accordance with its design. This includes ensuring appropriately trained operatives are provided with a suitable written design and plan to install to ensure the structure remains stable.

In a victim personal statement, Gary’s wife Anne Anstey, said: “Gary’s workplace should have been a safe place to work – he should have come home as he always did – and now he hasn’t been here to celebrate all the family milestones and that is something that we as a family have to live with.”

She added: “Gary was 57 years old when he died. He was always full of life and he had recently become a grandad for the first time. He has missed Scarlett grow up into a funny loving girl and missed out on the celebration of Scott and his wife buying their first house, all the children starting school and many other milestones in our lives.”

Mealing & Sons Limited of Northend, Batheaston, Bath pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £56,775 and ordered to pay £44,000 in costs at Taunton Magistrates’ Court on 11 September 2025.

HSE inspector Ian Whittles said: “This was a horrific incident which had heartbreaking consequences.

“It happened because of a lack of planning and coordination, which is all too common in construction activity. With simple clear procedures and appropriate training this incident would not have happened.”

Contributions to this statement were made by Gary’s wife, Anne along with their two sons Shaun and Scott.

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 Temporary Works – 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.

A construction company and its director have been fined after being found guilty of safety breaches that resulted in a five-year-old child being injured by a falling cast iron pipe.

Sage Homes Limited and its director were convicted on Monday 4 August 2025, at Southampton Crown Court, for failing to properly assess a foreseeable risk.

The incident occurred on 20 July 2021, during building work on an extension to a house in Totton – a few seconds’ walk from a local primary school. A cast iron pipe fell onto a passing child striking him on the head and fracturing his skull.

The base of the pipe had been broken away by the builder some days before to allow him to excavate into the concrete floor. When a TV cable was freed from the pipe, the top two sections of pipe, weighing over 45kg, fell across the pavement. The cast iron pipe was estimated to date from the 1930s, and both the pipe and the fixings were corroded.

An investigation by the Health and Safety Executive (HSE) found that Sage Homes Limited and its director, Jason Scorey, had failed to properly assess what was a foreseeable risk. In giving evidence, Mr Scorey insisted that he could see no need to secure the pipe against the wall.

HSE provides a range of guidance advice: Managing risks and risk assessment at work: Overview – HSE

On 12 September 2025, at Southampton Crown Court, Sage Homes Limited and Jason Scorey were sentenced for breaches of Section 3(1) and Section 37 of the Health and Safety at Work etc. Act 1974, respectively. Mr Scorey received a fine of £1,685, with 45 days’ imprisonment in default, and was ordered to pay costs of £10,436. Sage Homes Limited was fined £15,000. Both Mr Scorey and Sage Homes Limited were also ordered to pay a victim surcharge.

After the hearing, HSE inspector Alexander Ashen said: “Properly assessing risk to workers and members of the public is a vital part of any construction project.

“It would have been a simple and inexpensive task to secure the pipe once it had been broken out at its base. The fact that the construction work was being carried out yards from a school gate at the time parents were collecting their children should have prompted even more care on the part of the duty holder.

“This case should underline to everyone in the building trade that the courts, and HSE, take a failure to follow the regulations extremely seriously. HSE will not hesitate to take action against companies and their directors which do not do all that they should to keep people safe.”

This HSE prosecution was brought by HSE enforcement lawyer Rebecca Schwartz and 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.

• Development in central Preston was to fit former warehouse with 35 apartments.
• Action taken by both the Health and Safety Executive (HSE) and Lancashire Fire and Rescue Service (LFRS) in multi-agency collaboration.

An Altrincham-based construction company has been fined £165,000 after it repeatedly failed to put in place suitable fire precautions during renovation in Preston.

Glovers Court Ltd were found guilty of four offences in relation to the redevelopment of  a former city centre warehouse into 35 apartments spread across six floors. The Glovers Court project was under construction on 16 May 2023 when it was visited by Lancashire Fire and Rescue Service (LFRS). A number of fire safety issues were identified and LFRS prohibited the use of the building, meaning residents already living there had to leave their homes.  As construction work was still ongoing, Lancashire Fire and Rescue Service and HSE worked in multi-agency collaboration to deal with this premises.

A HSE inspector then visited the site finding the  company  not to be complying with its duty to ensure suitable fire safety precautions were in place during ongoing construction work. Those failures included:

• No fire detection system;
• No means of raising the alarm in case of a fire;
• Inadequate escape plans; and
• Construction work had not been phased to ensure fire compartmentation was maintained throughout the project to prevent fire spreading to all floors.

As a result of the findings, HSE served a prohibition notice against Glovers Court Ltd, stopping all further work on the property until adequate fire precautions were in place.  HSE also served an improvement notice requiring the company to design and implement a fire management plan.

However, during further visits in June and November 2023, HSE found construction work had been ongoing while no action had been taken to comply with either of the notices.

HSE legislation requires a suitable and sufficient fire risk assessment to be carried out by a responsible person. HSE guidance says, where necessary in the interests of the health or safety of a person on a construction site, suitable and sufficient fire-fighting equipment and fire detection and alarm systems must be provided and located in suitable places. Further details on this can be found https://www.legislation.gov.uk/uksi/2015/51/regulation/32/mad and https://www.hse.gov.uk/pubns/priced/hsg168.pdf.

Glovers Court Ltd, of Kingsway, Altrincham, Cheshire, who have now gone into liquidation, were found guilty of breaching:

• 33(1)(c) HSWA by virtue of breaching Reg 11(1) CDM 2015

Reg 11 (1) CDM The PD must plan, manage and monitor the pre-construction phase and co-ordinate health and safety matters to ensure, so far as reasonably practicable, the project is carried out without risks to health and safety.

• 33(1)(c) HSWA by virtue of breaching Reg 13(1) CDM 2015

Construction (Design and Management) Regulations 2015, Regulation 13(1).   The failures relating to general and process fire precautions can be identified in the failure to plan, manage and monitor the construction phase to ensure it is carried out without risks and by virtue of Reg 16 (1) &(2) and Part 4 because construction work is being carried out.

• 33(1)(g) HSWA x 2

It is an offence for a person to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as modified on appeal).

The company was found guilty in their absence following a trial at Preston Magistrates’ Court on 26 June 2025. They were fined £165,000 and ordered to pay £10,512 in costs.

HSE inspector Christine McGlynn said “This company showed a blatant disregard to both fire safety and the laws in place to protect both people and places.

“Each year there are estimated to be hundreds of fires on construction sites, potentially putting the lives of workers and members of the public at risk.

“Any outbreak of fire threatens the safety of those on site and is costly in terms of its damage and delay. Many can be avoided by careful planning and control of work activities.”

A spokesperson for Lancashire Fire and Rescue Service added: “This prosecution highlights the positive outcomes multi agency working has for fire safety in Lancashire.

“It also highlights the critical importance property developers, owners and managers must give to fire safety.

“We welcome the court’s recognition of the seriousness of these breaches and hope this serves as a clear message to all about their legal and moral responsibilities.”

The HSE prosecution was brought by enforcement lawyer Karen Park and Paralegal Rebecca Withell.

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.

• Two workers were on first floor when collapse happened.
• “Lucky nobody was killed”, says HSE inspector.
• HSE guidance is available.

A London construction company has been fined £50,000 after four men were injured – two seriously – when the first floor of a house collapsed during building works.

Aryn Stones Ltd had been contracted to build a new domestic property in Hampstead. On 31 May 2022, remedial works were being carried out on a partially built beam-and-block floor, when it collapsed, taking two of the workers down with it.

The two men include a welder, who is now 62, and a 31-year-old bricklayer. They both sustained life-changing injuries, while two other men who were standing at ground level were injured by falling concrete.

Work on the build began in March 2021 but by February the following year, engineers who inspected the property identified errors with the connections of the structural steel beams. This prompted the remedial works that led the structure to collapse. That came about when the welder was using an oxyacetylene torch to cut a steel beam supporting the first floor. However, at the same time, another worker had been removing some Acrow props that were supporting the beam.

An investigation by the Health and Safety Executive (HSE) found that Aryn Stones Ltd had failed to ensure the structure did not collapse while it was in a state of temporary weakness. The company also failed to put any measures in place to manage the temporary remedial work being carried out on the steel connections. They also failed to take all practicable steps to prevent danger to any person while the building was in a temporary state of weakness.

HSE guidance on managing health and safety in construction and the management of temporary works is available.

Aryn Stones Ltd, of Percy Road, London were found guilty of breaching Regulation 19(1) of the Construction (Design and Management) Regulations 2015. The company was fined £50,000 and was ordered to pay £39,000 costs following a two-day trial before City of London Magistrates’ Court on 18 June 2025.

After the hearing, HSE inspector Lucy Ellison-Dunn said: “Although two men were seriously injured, it was lucky nobody was killed.

“This was a completely avoidable incident had a system for the management of temporary works been in place. The company should have taken precautions to protect people from the risk of collapse.

“Everyone working in construction has a responsibility to ensure that everyone on a building site is safe.”

The investigation was also carried out by HSE inspector Alexander McIlwraith.

This prosecution was brought by HSE enforcement lawyer Samantha Crockett and supported by HSE Paralegal Officer Sarah Thomas.

Further information:

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

A housebuilder has been fined £800,000 after a teen apprentice was injured when a temporary stairwell covering collapsed.

Charlie Marsh, 17, had been working as a contractor on a Taylor Wimpey UK Limited site as it built around 450 new homes on its Meadfields site in Weston-Super-Mare.

The apprentice bricklayer, from Whitchurch in Bristol, was less than 12 months into his career when the incident happened. An investigator for the Health and Safety Executive (HSE) said the teen was lucky to escape serious injury.

On 22 August 2023 Charlie had been loading concrete blocks onto the temporary flooring on the first floor of one of the newly built homes. The blocks were being loaded into stacks of between 10 and 20, one of which was on or near to a temporary stairwell covering. This was a large area covered with a timber sheet material laid over joists – both of which would be later removed to install the staircase.

However, the area collapsed, causing Charlie and around 20kg of the concrete blocks to fall more than two metres to the ground below. He sustained injuries to his fingers, hand, wrist and shoulder.

The subsequent HSE investigation found that the joists under the timber sheet material should have been back propped. This was mentioned a number of times in Taylor Wimpey’s own health and safety manual for the site, however, it had been missed on this particular plot. Had suitably designed back propping been used, it is unlikely the incident would have occurred.

• HSE guidance (L153 – Construction (Design and Management) Regulations 2015) states that all practicable steps must be taken to prevent danger to any person from structural collapses and that an employer has a duty to ensure that contractors under their control should not be exposed to risks of their health or safety (Health and Safety at Work etc Act 1974).

Taylor Wimpey UK Limited pleaded guilty to breaching section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £800,000 and ordered to pay £6,240.25 costs with a £2000 victim surcharge at the North Somerset Magistrates’ Court on 3 June 2025.

HSE inspector Derek Mclauchlan said “Everyone working in construction has a responsibility to ensure people are safe.

“Any work involving structural stability is potentially high risk and proper planning and implementation should be given.

“This incident could have been avoided had the right steps been taken.

“The failures of Taylor Wimpey resulted in a young man at the very beginning of his career being injured. Charlie was lucky those injuries were not far more serious.

“Lessons should be learned.”

This HSE prosecution was brought by HSE Enforcement Lawyer Samantha Tiger and Paralegal Officer Rebecca Withell.

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 The Construction (Design and Management) Regulations 2015 – 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.

• HSE guidance says all work at height must be properly planned

A construction company and its director have been fined after a worker fell through the roof of a sheep barn.

Jack Croft, 30, suffered life changing injuries after the incident in Leyburn, North Yorkshire.

He was working for Norman Iveson Steel Products, as part of a project to extend the sheep barn. Roof sheets needed to be installed, bridging the gap between the old roof and new. Jack, from Bedale, was carrying out the work on 11 October 2022 when he stepped onto a fragile roof light which immediately broke under his weight. He fell from a height of around six metres.

Mr. Croft suffered significant life changing injuries, including five cranial fractures, 10 fractured ribs, a cranial bleed, hearing loss and fractures to his spine, eye socket, cheek, wrist and shoulder. He also suffered a collapsed left lung and a pulmonary embolism.

An investigation by the Health and Safety Executive (HSE) found the company had failed to implement basic working at height control measures, such as safety netting, to prevent falls from height in this area. The netting that was in place on site did not cover full work areas and was installed by persons without the sufficient skills to rig it. HSE also found a failure to plan, manage and monitor the construction phase, to ensure it was carried out in a safe manner.

HSE has a range of guidance on how to plan and carry out work at height safely: Construction – Work at height – HSE

Norman Iveson Steel Products Limited, of Hill Crest, North Yorkshire, pleaded guilty to Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £100,000 and ordered to pay costs of £6,101 at York Magistrates Court on 22 May 2025.

Phillip Iveson, a director of the company, pleaded guilty to Section 37 of the Health and Safety at Work etc. Act 194 and fined £1,822 and told to pay costs of £2,358.

Speaking after the hearing, HSE inspector Gavin Carruthers, said: “This was a tragic incident where a young man narrowly escaped death but received life changing injuries. Falls from height continue to be the leading cause of workplace death in Great Britain and this incident was fully avoidable if steps were taken to address the risks.”

This prosecution was brought by HSE enforcement lawyer Karen Park and paralegal officer Rebecca Withell.

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 – Construction – Work at height
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.

• Stephen Pywell fell while walking on roof beams
• HSE guidance on working at height is available

The director of a Leicester-based construction company has been given a suspended prison sentence after a man fell from height while working on a house extension and died in hospital several weeks later.

Stephen Pywell was working under the control of Affordable Lifestyle Design Limited at a site in Thurmaston on 18 March 2019. It was during the roof construction phase when the 59-year-old fell while walking on the beams. He had accessed the beams via a ladder, however there was no edge protection in place to prevent falls. He fell from a height of just under eight feet. He was taken to hospital where he underwent surgery, but died several weeks later on 13 May as a result of his injuries.

An investigation by the Health and Safety Executive (HSE) found that James Pitsillides, the director of Affordable Lifestyle Design Limited, had failed to manage the roof work. This included ensuring that roofing subcontractors, including Mr Pywell, were not exposed to health and safety risks.

Pitsillides pleaded guilty and was given a 20-week prison sentence, suspended for two years. The district judge also ordered him to complete 200 hours of unpaid work.

Working at height remains one of the leading causes of workplace injury and death and HSE has detailed guidance on working safely at height.

That guidance states that work at height must be properly planned, appropriately supervised and carried out in a manner that is safe. The “hierarchy of control” prioritizes collective fall prevention measures, for example scaffolding with suitable edge protection. If this isn’t feasible, fall mitigation measures like airbags or netting should be considered to reduce the consequences of a potential fall. In this case, none of these measures were used, and workers were accessing the roof with a ladder and no additional fall prevention measures in place.

James Pitsillides of Orchard Lane, Great Glen, Leicester, pleaded guilty to breaching Section 37 of the Health and Safety at Work etc. Act 1974, relating to an underlying breach of s.3(1) by his company. He received a 20-week prison sentence, suspended for two years and must complete 200 hours of unpaid work. He was also ordered to pay £10,000 in costs at Leicester Magistrates’ Court on 7 May 2025.

HSE inspector Phil Gratton said: “Every year, a significant number of incidents occur in construction as a result of poorly planned work at height.

“This was a wholly avoidable incident, caused by the failure to implement simple fall protection measures. Had the company used suitable work equipment or devised a safe system of work, Mr Pywell’s tragic death could have been avoided.

“Our thoughts remain with his family and friends.”

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 has detailed guidance on working safely at height.
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.

A construction company has been fined after a kitchen fitter was crushed to death by a pack of concrete blocks at a site in the Cotswolds.

Martin Dunford, who was 33, was ‘very much loved’ by his family who say they miss him ‘every day’ since the incident on 23 January 2020. Martin, from Pocklington in Yorkshire, was killed after being pinned against the side of a lorry loader as two stacks of concrete blocks fell onto him.

Martin’s sister, Tracey Hunter, provided a statement on behalf of his family.

She said: “Martin went to work and never came home. His life was unjustly cut short.

“Little did he know on that date that he was going to work on a site that had ongoing issues and was not following HSE guidelines for working safely on a construction site.

“Martin was very much loved by his family and friends. He is missed every day and nothing can ever fill the hole that is left by him no longer being here.

“We, his family, and friends are still all navigating throughout this endless period of grief and today’s verdict is the start of some sense of justice towards his senseless death.”

Martin had been working at Ebrington Rise, near Chipping Campden – a development of 16 three, four and five bedroomed houses being built by Piper Homes Construction Limited.

An investigation by the Health and Safety Executive (HSE) found that Martin had walked around a lorry loader to talk to a driver about how long he would be on site, as he needed access to one of the properties being built.  A stack of concrete blocks which had been placed on top of another stack of blocks, which was also supported by a wooden pallet, toppled over onto him, pinning him against the side of the lorry. He sustained severe internal and head injuries and died on site.

Piper Homes Construction Limited, who were the principal contractor on the site, had failed to ensure that a suitable, level storage area was provided for the safe offloading of construction materials.  The company had also failed to ensure that wooden pallets in a suitable condition were used for the storage of construction materials and that persons were excluded from delivery areas. HSE guidance on pallet safety is available.

Piper Homes Construction Limited, which is currently in liquidation, of Lace Market Square, Nottingham, pleaded guilty to breaching Regulation 13(1) of the Construction (Design & Management) Regulations 2015. The company was fined £300,000 and ordered to pay £5,236 in costs at Cheltenham Magistrates Court on 29 April 2025.

HSE inspector James Lucas said: “This was an entirely avoidable incident and our thoughts remain with Martin’s family.

“Storage of construction materials should be properly planned and managed, to ensure that if materials are stored at height the necessary measures are in place to prevent them from falling and potentially injuring persons.

“Storage areas should be level and accessories such as wooden pallets should be regularly inspected to ensure that they are in suitable condition to be used to store materials.

“Had this been done on this particular site, Martin would have returned home safely to his family.”

This HSE prosecution was brought by HSE enforcement lawyer Arfaq Nabi and paralegal officer Jason Dix

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 guidance on pallet safety 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.

A company and its director have been fined a combined £18,000 after a man was injured during excavation work in West Sussex.

JHE Construction and Jordan Hay-Ellis pleaded guilty to breaching health and safety laws following the incident on 23 February 2023.

The company had been contracted to complete a full barn conversion, which included the installation of a new septic tank. In order to install the tank, workers had to dig an excavation approximately three metres deep. Edward Keely, 30, along with two other men, had been tasked with doing the work at Lone Oak Farm.

The three men were in the hole preparing to install a concrete base for the septic tank to sit on when the walls collapsed.  Mr Keely was struck by falling soil which resulted in multiple bone fractures and required for him to be dug out.

An investigation by the Health and Safety Executive (HSE) found that inadequate precautions had been taken to prevent the collapse of the excavation, yet the men were expected to work in it.

HSE guidance advises that all work of this nature should be correctly planned, including whether any temporary support structures should be used. This may also include battering the excavation sides to make it safer. You can read more about HSE guidance here.

JHE Construction Limited, of Icarus Avenue, Burgess Hill, West Sussex, pleaded guilty to breaching regulation 22 (1) of The Construction (Design and Management) Regulations 2015.  The company was fined £16,000 and ordered to pay £2,612 in costs at Brighton Magistrates Court on 24 March 2025.

Jodran Hay-Ellie, 33, of Icarus Avenue, Burgess Hill, West Sussex, pleaded guilty to breaching regulation 22 (1) of The Construction (Design and Management) Regulations 2015. He was fined £2,000 and ordered to pay £1,000 costs.

After the hearing, HSE inspector Nathan Kent said: “The risk associated with excavation collapse is well understood within the construction industry and this incident was easily foreseeable.

“All excavation work should be supported or battered back.

“Failure to do so in this case resulted in a young man sustaining very serious injuries.

“HSE will not hesitate to take action against companies which do not do all they can to keep people safe.”

This prosecution was brought by HSE lawyer Julian White and paralegal officer Imogen Isaac.

Further information:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. Relevant guidance on excavations 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.

A London property developer has been fined £63,000 plus costs after Britain’s workplace regulator found multiple failures at a construction site in Dalston.

Nofax Enterprises Limited was investigated by the Health and Safety Executive (HSE) following four visits to its site on Dalston Lane over a 13 month period between 2020 and 2021. The company was overseeing the construction of a four storey building on the site, containing nine flats and large basement to house a youth club.

However, the failures identified by HSE inspectors – including multiple working at height risks, poor fire precautions and exposure to large amounts of silica dust – were so serious, that they resulted in the site being closed down on two separate occasions. Other breaches of the law included failing to protect workers from exposure to wood dust, as well as insufficient covid and welfare controls.

• Exposure to either wood or silica dust can result in very serious and life threatening health conditions, including asthma, nasal and lung cancers, chronic obstructive pulmonary disease and silicosis. HSE provides a range of guidance for stone workers and those working with wood.

In total, 9 enforcement notices were served against the company for the Dalston Lane site, including five prohibition notices. The subsequent HSE investigation included inspections at other sites operated by the company, identifying a poor health and safety culture and systemic management failings.

Owing to the repeated poor performance and lack of compliance to basic health and safety, Nofax Enterprises Limited, of Maldon, Essex pleaded guilty to breaches of sections 2(1) and 3(1) of the Health & Safety at Work etc. Act 1974. Following the hearing at Southwark Crown Court on 18^th March 2025, the company was ordered to pay a total of £88,812.68 which included a fine of £63,000, costs of £25,622.

In summing up, the judge stated that despite repeated visits by HSE and multiple notices being served, risks subsisted over a long period and the company failed to make any appropriate changes. The judge concluded by saying that there had been a systemic failure within the organisation to manage health and safety.

After the hearing, HSE inspector Gordon Nixon said: “This company showed a total disregard to keeping its workers safe.

“They failed to meet even the most basic health and safety standards, continually exposing operatives to serious risks.

“HSE will not wait until workers are seriously injured, or worse and will take appropriate action including prosecutions when health and safety regulations are so blatantly flouted.”

Further information:

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