Press release

SENTENCED: Construction company and director fined for risking lives with unsafe roof work

A construction company and a director have been fined after workers lives were put at risk with unsafe roof work in central London.

B&O Developers Ltd and Sanjay Swaminaryan were fined following an investigation by Britain’s workplace regulator. The Health and Safety Executive (HSE) took action after members of the public raised concerns about unsafe working practices during extension and refurbishment of what is now the Kings Cross Express Inn on Kings Cross Road.

In January 2024, concerned members of the public sent photographs to HSE showing people working on a roof at the site with no control measures to protect them from falling, such as edge protection.

The dangerous and unsafe roof work was spotting by members of the public who sent photographs to HSE

There was no safe means of access to the roof, with operatives photographed standing on a makeshift platform balanced on a stepladder.

The HSE investigation found that there were no controls in place to prevent the workers, who were employed by a subcontractor, from falling from height on at least two separate dates.

Measures which had been identified in the roofing subcontractor’s risk assessment as necessary controls, including scaffolding around the roof, were not in place.

The construction project ran from October 2020 until March 2024 and was initially managed by principal contractor Hubb Construction Ltd, of which Sanjay Swaminarayan, 48, was a director. In March 2023, the principal contractor changed to B&O Developers Ltd, with Mr Swaminarayan retained as the sole director and keeping all other site arrangements the same.

There were no control measures to protect the workers from falling, such as edge protection.

HSE inspectors responded to several concerns raised by the public and occupants of surrounding buildings between November 2021 and September 2023 and took enforcement action against both Hubb Construction Ltd and B&O Developers Ltd.

Inspectors also met with Mr Swaminarayan to discuss how he could improve management arrangements to ensure sustained compliance with health and safety law.

Despite these interventions, a further concern was raised regarding unsafe roof work in January 2024.

Falls from height remain the leading cause of workplace death and injury with the latest statistics from HSE showing that they account for over a quarter of all work related deaths in 2025/26.

HSE guidance states that in order for roof work to be carried out safely there must be, at a minimum, safe access to the roof and a safe place to work on the roof.

For sloping roofs, in practice this usually means providing full edge protection on all roof elevations to which access is needed. Where roofs are steep, the edge protection system needs to be capable of safely containing a person sliding down the sloping surface. Edge protection is also needed at gable ends.

B&O Developers LTD of Prince Albert Road, London, pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005.  The company was fined £4,020 and a surcharge of £1,608 at City of London Magistrate’s Court on 22 July 2026.

Sanjay Swaminarayan, of St John’s Wood Court, pleaded guilty to breaching Section 33(1)(a) of the Health and Safety at Work (etc) Act 1974 (‘the Act’), by virtue of s37(1) the Act. He was fined £2300, a surcharge of £1,108 and ordered to pay costs of £8,000.

HSE inspector Lucy Ellison-Dunn said:

“The working practices of both the company and Swaminarayan put lives at risk.

“Swaminarayan was fully aware of the requirements for safe work at height, having been given guidance from both HSE and his own health and safety advisors on several occasions.

“Despite repeated assurances to improve work practices, he failed to ensure that suitable controls were in place to prevent falls and did not properly supervise those he employed to manage and carry out the work.

“I would like to thank those concerned members of the public who got in touch with HSE to let us know.

“We will always take action against those that fail to protect the lives of workers.”

The prosecution was brought by HSE enforcement lawyer Colin Bromfield and paralegal officer Thomas Smith.

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE guidance states what an employer must do to protect their employees from falls from 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 in England can be found here and those for Scotland here.

Building company and director fined after botched extension put family’s lives at risk

A Yorkshire-based building company and its director have been sentenced after botched building work on a home extension compromised gas safety and put the lives of a homeowner and her two children at risk.

Adam’s Building Construction Ltd had been hired by the homeowner to build an extension at the rear of her property in Bradford. Construction began in January 2024, but the extension was built over the top of the existing gas service pipework, and without repositioning the flue serving the property’s gas boiler. This exposed the family to the risk of gas leaks, fire, explosion and carbon monoxide poisoning.

An investigation by the Health and Safety Executive (HSE) found that on 22 May 2024, a Building Control Inspector from the City of Bradford Metropolitan Council attended the property and discovered that the boiler flue was terminating inside the extension. He contacted Northern Gas Networks, who found the gas installation to be immediately dangerous, with the boiler still in operation and the flue discharging into the extension. The gas supply had to be cut off, leaving the residents without gas for several weeks and costing them around £4,000 to put right.

The investigation also found that Adam’s Building Construction Ltd had been warned several times by local authority Building Control Inspectors during the works that the gas pipework and flue needed to be properly relocated. The company’s sole director, Mohammed Adam Azhar, was unable to show HSE inspectors that his company had prepared construction phase plans for any of its building work, which was carried out exclusively for domestic clients.

This led HSE to serve an Improvement Notice requiring the company to put in place a system for producing written construction phase plans for projects where it was the principal contractor. The company subsequently failed to comply with that notice, an offence under Section 33(1)(g) of the Health and Safety at Work etc. Act 1974. Mr Azhar also personally failed to provide relevant information to the investigation when required to do so by the HSE Lead Inspector, an offence under Section 33(1)(e) of the Act. The court heard that neither the company nor Mr Azhar continue to work in the construction trade.

Adam’s Building Construction Ltd, of Leeds Road, Bradford, pleaded guilty to breaching Section 3(1) and Section 33(1)(g) of the Act. On 7 August 2026 at Leeds Magistrates Court, the company was fined a total of £10,000 and ordered to pay costs of £4,263.

Mohammed Adam Azhar, of Intake Road, Bradford, pleaded guilty to breaching Section 37(1) and Section 33(1)(e) of the Act. He was fined a total of £1,000 and ordered to pay a victim surcharge of £400.

HSE Inspector David Beaton said:

“This was a tragic accident waiting to happen. The failure on the part of the company and its director to properly plan this building work, and to make suitable arrangements for relocating the gas pipework and appliances, could have easily had fatal consequences for the family living in the property.

“Those failures were compounded by the further failures to comply with an HSE Improvement Notice, and to provide relevant information to assist our investigation.

“Everyone in control of domestic building work must ensure that a suitable and sufficient construction phase plan is in place before building work commences, so that no-one faces the kind of risks this family were exposed to.”

This Prosecution was brought by HSE Enforcement Lawyer Arfaq Nabi and supported by Paralegal Officer Henrietta Ruthven.

 

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 are available.
  4. Guidance on Construction Phase Plans, including a template, can be found in HSE publication CIS80, freely downloadable at https://www.hse.gov.uk/pubns/cis80.pdf.
  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 in England and Wales can be found here.

Company fined after man left ‘physically ruined’ after fall from height

A principal contractor has been fined after a man was left ‘physically ruined’ after falling from a tipping bucket on a fork lift truck in Kent.

Aaron Back, 41, a father of four, spent months in hospital after the incident at the EMIR site on Wotton Road in Ashford on 28 March 2023. The then 38-year-old had been contracted by South East Refurbishment Limited to carry out work dismantling pipework. He was in a raised tipping bucket on a fork lift truck at the time when he fell out of it to the concrete floor below.

The fork lift truck used with the bucket in the background

An investigation by the Health and Safety Executive found that a scissor lift had been ordered to undertake the work but was too tall to enter the area where it was taking place – so the fork lift truck was used instead.

In a victim personal statement, Aaron Back said:

“Since the incident I am physically ruined.

“My left hand side doesn’t work properly. I can’t push off from my toes on my left so I struggle to get up and walk around.  My back also causes me excruciating pain.

“This accident has destroyed me as a person it has taken away my identity. I miss taking my kids to football.

“I have worked hard to improve and get better I want to be that person again.

“I worked hard for the company and I have been given a lifetime sentence.  I would give anything to be normal again to be back to being me.”

The HSE investigation found that no suitable arrangements were in place to manage the company’s contractors and ensure safety on the site. No actions had taken by the company either to ensure a different safe system of working was undertaken.

Although the company provided equipment to its labour-only subcontractor there was no training in place for relating to the fork lift truck or scissor lift for Mr Back or his sub-contractor. There was no instruction or procedure in place to ensure only trained operatives could get access to these and no adequate supervision on site.

HSE found significant failings by the company relating to unsafe work at height over a prolonged period of time, relevant advice and enforcement was given to them from 2013 regarding control of contractors and unsafe working at height.

Falls from height remain the leading cause of workplace death and injury with the latest statistics from HSE showing that they account for over a quarter of all work related deaths in 2025/26.

HSE guidance states what an employer must do to protect their employees from falls from height including making sure work is properly planned, supervised and carried out by competent people.

South East Refurbishment Limited of Unit 5 Aja Business Centre Laker Road, Rochester, Kent, pleaded guilty to Health and Safety at Work etc Act 1974, section 3(1).  The company was fined £90,000 and ordered to pay costs of £27,241 at Margate Magistrates Court on 7 July 2026.

HSE inspector Joanne Williams said:

“Falls from height continue to be the leading cause of workplace fatalities in Great Britain, with 31 people losing their lives in the past year.

“The construction industry remains the sector that accounts for the greatest number of workers killed each year.

“These figures do not include those individuals that have sustained serious, life changing injuries, resulting from a fall from height.

“In this case Aaron and his family have had their lives changed forever following what was a completely avoidable incident.”

This HSE prosecution was brought by HSE enforcement lawyer Chloe Ward and assisted by paralegal Jason Dix.

 

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.

Groundworks company fined after worker seriously injured when dumper truck overturned

A groundworks company based in Warrington has been fined after a worker was seriously injured when a dumper truck overturned.

The incident happened on 10 October 2022 on a construction site in Ince. The driver had been reversing the one-tonne truck when it entered an unprotected excavation and overturned. The man, 27 at the time, was thrown from the vehicle as he was not wearing a seatbelt at the time. He sustained crushing injuries to his leg, resulting in a broken foot and ankle.

An investigation into the incident by the Health and Safety Executive (HSE) found the man had not been wearing a seatbelt – despite HSE guidance and the dumper truck’s manufacturer’s instructions to do so.

Investigators discovered Jim Yates Limited had instructed workers not to wear seat belts while operating one-tonne dumper trucks. Instead, operators routinely fastened the seat belt behind them before sitting on top of it. This disabled the vehicle’s seat belt warning system and gave the false impression that the restraint was being worn correctly.

The investigation also found that open excavations on the site were not adequately protected to prevent vehicles from entering them

HSE guidance highlights that one-tonne dumper trucks are particularly vulnerable to overturning. Employers should ensure excavations are suitably protected to prevent vehicle access and operators should always wear seat belts so they remain within the protection provided by the vehicle’s rollover protection structure if an overturn occurs. Guidance on dumpers is available at hse.gov.uk.

Jim Yates & Sons Limited of Warrington Road, Risley, pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £20,000 and ordered to pay £4,824 in costs at Warrington Magistrates’ Court on Tuesday 14 July 2026.

HSE Inspector Seve Gomez-Aspron MBE said:

“Incidents involving workplace transport continue to cause death and life-changing injuries every year, and overturning remains one of the biggest risks when using dumper trucks.

“This incident was entirely foreseeable and could have been prevented. Suitable protection should have been in place to stop vehicles entering the excavation, and operators should never be instructed not to wear a seat belt.

“Seat belts are a vital safety feature. They keep operators inside the protective zone created by the vehicle’s rollover protection structure if a dumper overturns, significantly reducing the risk of serious injury or death.

“Had suitable edge protection also been installed around the excavation and the operator been wearing the seat belt, these serious injuries could have been avoided.”

This HSE prosecution was brought by enforcement lawyer Mathew Reynolds and paralegal officer Benjamin Stobbart.

 

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: Dumpers – 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.

Property management company fined and managing director handed suspended sentence after death of ‘brave, strong, and determined’ teenage apprentice

A property management company has been fined and its director handed a suspended sentence after an 18-year-old apprentice was killed whilst working at a property in Bangor, North Wales.

Chloe Bidwell was working for Varcity Living Limited as a joiner apprentice at a residential property on Deiniol Road, Bangor, on 20 December 2023. The property was undergoing a full renovation when a stack of wooden board material fell, fatally injuring Miss Bidwell.

Miss Bidwell had been working alone at the time of the incident and was found deceased at the property after she failed to respond to messages or return home. A mixture of board materials had been stacked vertically and unsecured against a wall. It is believed she may have been attempting to retrieve a plywood board from the stack when some of the boards fell on her, crushing her neck and causing fatal injuries. There were 28 boards in total, of large dimensions and potentially weighing up to 30kg each. No attempt had been made to secure the boards in their upright position, and the risk of them falling had not been identified.

An investigation by the Health and Safety Executive (HSE) found that Varcity Living Limited failed to provide safe systems of work and failed to provide adequate information, instruction, training and supervision, so far as was reasonably practicable. The investigation also found that these failures were attributable to the neglect of director David Horrocks.

Specifically, investigators found there was inadequate site supervision, no suitable lone working policy or procedure, no suitable policy or procedure for the storage of board materials, and inadequate risk assessment prior to the incident.

HSE guidance on stacking materials states that building materials must be stored safely so they cannot topple or roll over. Boards should be stored horizontally on a level surface using suitable pallets or battens and must never be stacked on edge without adequate support. HSE guidance on lone working also states that where lone working is undertaken, there should be increased training, supervision and monitoring, including procedures to confirm a lone worker has returned safely once their task is complete.

Varcity Living Limited, of High Street, Bangor, pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £50,000 and ordered to pay £10,080 in costs at Llandudno Magistrates’ Court on 9 July 2026.

David Horrocks, of Felinheli, pleaded guilty to breaching Section 37 of the Health and Safety at Work etc. Act 1974. He was sentenced to 26 weeks imprisonment suspended for two years and ordered to pay £7,886 in costs.

Chloe’s mother, Clare Stephenson-Brown, speaking on behalf of the family, said:

“Chloe was only 18, full of life, energy, and determination. She had so many talents and dreams: a skilled joiner, a rugby player, a surfer, a skydiver, and a young woman who was about to travel the world and begin her journey towards becoming a firefighter. She was wise beyond her years, brave, and incredibly grounded.”

Mrs Stephenson-Brown described the devastating impact of losing Chloe in the way that she did:

“Chloe died instantly and alone. The fact that she was by herself in those final moments is something that causes us unbearable pain and something we will carry forever. Knowing how full of life she was and how much she had yet to experience makes her loss impossible to accept.”

She added:

“As a family we feel like Chloe was let down at work, and because of that, we have lost her forever. Our lives will never, ever be the same again. We just hope that those responsible truly understand the enormity of what has happened, not only the loss of Chloe’s life, but the devastation caused to her family, her friends, and her community.

As a family, we hope this case is not viewed simply in terms of the outcome in court, but as a stark reminder of the real human cost behind it. The impact of losing Chloe reaches far beyond any sentence and will stay with us forever. We urge employers to look beyond compliance and truly consider the responsibility they hold for the lives in their care. Safety must be meaningful in practice, ensuring risks are properly managed, lone working is safe, and that everyone who goes to work returns home.”

HSE inspector Rachael Newman said:

“Chloe Bidwell was a young apprentice joiner at the very beginning of her career. She had every right to expect that her employer would take the basic steps needed to keep her safe at work. Her family had every right to expect that when Chloe went to work, she would come home.

“The tragedy of Chloe’s death is made all the more jarring because it was so wholly avoidable. Apprentices should not be working alone on a construction site, and Chloe died in circumstances which should never have been able to happen.

“Chloe’s employer, Varcity Living Limited, had no safe storage system in place for the dangerously heavy boards which were stacked upright and completely unsecured. Furthermore, they had failed to provide the necessary information, instruction, training, and supervision for their young apprentice.

“Today’s result cannot bring Chloe back, but we hope the sentence handed down brings some solace to her family, whose lives carry on without her. They remain in our thoughts, and we offer them our deepest condolences.”

This prosecution was brought by HSE enforcement lawyer Arfaq Nabi and paralegal officer Lynne 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 on the HSE website.
  3. Further details on the latest HSE news releases are available on the HSE website.
  4. Relevant guidance can be found at: https://www.hse.gov.uk/pubns/priced/hsg150.pdf, https://www.hse.gov.uk/pubns/wis2.pdf and https://www.hse.gov.uk/pubns/indg73.pdf.
  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 are available on the Sentencing Council website.

 


Cwmni rheoli eiddo wedi’i ddirwyo a’i gyfarwyddwr rheoli wedi’i ddedfrydu i gyfnod o garchar wedi’i ohirio ar ôl marwolaeth prentis ‘dewr, cryf, a phenderfynol’ yn ei harddegau

Mae cwmni rheoli eiddo a’i gyfarwyddwr wedi cael dedfryd o garchar wedi’i ohirio, ar ôl i brentis 18 oed gael ei ladd wrth weithio mewn eiddo ym Mangor, Gogledd Cymru.

Roedd Chloe Bidwell yn gweithio i Varcity Living Limited fel prentis saer mewn eiddo preswyl ar Ffordd Deiniol, Bangor, ar 20 Rhagfyr 2023. Roedd yr eiddo yn cael ei adnewyddu’n llwyr pan syrthiodd pentwr o ddeunydd bwrdd pren, gan anafu Miss Bidwell yn angheuol.

Roedd Miss Bidwell wedi bod yn gweithio ar ei phen ei hun ar adeg y digwyddiad a chafodd ei darganfod yn farw yn yr eiddo ar ôl iddi fethu ag ymateb i negeseuon na dychwelyd adref. Roedd cymysgedd o ddeunyddiau bwrdd wedi’u pentyrru’n fertigol ac heb eu sicrhau yn erbyn wal. Credir ei bod hi o bosibl wedi bod yn ceisio nôl bwrdd pren haenog o’r pentwr pan syrthiodd rhai o’r byrddau arni, gan falu ei gwddf ac achosi anafiadau angheuol. Roedd 28 o fyrddau i gyd, o ddimensiynau mawr ac o bosibl yn pwyso hyd at 30kg yr un. Ni wnaed unrhyw ymgais i sicrhau’r byrddau yn eu safle unionsyth, ac nid oedd y risg y byddent yn cwympo wedi’i nodi.

Canfu ymchwiliad gan yr Awdurdod Gweithredol Iechyd a Diogelwch (HSE) fod Varcity Living Limited wedi methu â darparu systemau gwaith diogel ac wedi methu â darparu gwybodaeth, cyfarwyddyd, hyfforddiant a goruchwyliaeth ddigonol, cyn belled ag yr oedd yn rhesymol ymarferol. Canfu’r ymchwiliad hefyd fod y methiannau hyn yn ganlyniad i esgeulustod y cyfarwyddwr David Horrocks.

Yn benodol, canfu ymchwilwyr nad oedd goruchwyliaeth ddigonol ar y safle, nad oedd polisi na gweithdrefn addas ar gyfer gweithio ar ei phen eich hun, nad oedd polisi na gweithdrefn addas ar gyfer storio deunyddiau bwrdd, ac nad oedd asesiad risg digonol cyn y digwyddiad.

Mae canllawiau’r HSE ar bentyrru deunyddiau yn nodi bod rhaid storio deunyddiau adeiladu yn ddiogel fel na allant ddymchwel na rholio drosodd. Dylid storio byrddau’n llorweddol ar arwyneb gwastad gan ddefnyddio paledi neu estyll addas a rhaid peidio byth â’u pentyrru ar eu hymyl heb gefnogaeth ddigonol. Mae canllawiau’r HSE ar weithio ar eich pen eich hun hefyd yn nodi, lle mae gweithio ar eich pen eich hun yn digwydd, y dylid cael mwy o hyfforddiant, goruchwyliaeth a monitro, gan gynnwys gweithdrefnau i gadarnhau bod gweithiwr sy’n gweithio ar ei ben ei hun wedi dychwelyd yn ddiogel ar ôl i’w dasg gael ei chwblhau.

Plediodd Varcity Living Limited, o Stryd Fawr, Bangor, yn euog i dorri Adrannau 2(1) a 3(1) o Ddeddf Iechyd a Diogelwch yn y Gwaith ac ati 1974. Dirwywyd y cwmni £50,000 a gorchmynnwyd iddo dalu £10,080 mewn costau yn Llys Ynadon Llandudno ar 9 Gorffennaf 2026.

Plediodd David Horrocks, o Felinheli, yn euog i dorri Adran 37 o Ddeddf Iechyd a Diogelwch yn y Gwaith ac ati 1974. Dedfrydwyd ef i 26 wythnos o garchar, wedi’i ohirio am ddwy flynedd, a gorchmynnwyd iddo dalu £7886 mewn costau.

Dywedodd mam Chloe, Clare Stephenson-Brown, yn siarad ar ran y teulu:

“Dim ond 18 oed oedd Chloe, yn llawn bywyd, egni, a phenderfyniad. Roedd ganddi gymaint o dalentau a breuddwydion: saer coed medrus, chwaraewr rygbi, syrffiwr, neidiwr awyr, a menyw ifanc a oedd ar fin teithio’r byd a dechrau ei thaith tuag at fod yn ddiffoddwr tân. Roedd hi’n ddoeth y tu hwnt i’w hoedran, yn ddewr, ac yn hynod o gadarn.”

Disgrifiodd Mrs Stephenson-Brown effaith ddinistriol colli Chloe yn y ffordd y gwnaeth:

“Bu farw Chloe ar unwaith ac ar ei phen ei hun. Mae’r ffaith ei bod ar ei phen ei hun yn yr eiliadau olaf hynny yn rhywbeth sy’n achosi poen annioddefol i ni a rhywbeth y byddwn ni’n ei gario am byth. Mae gwybod pa mor llawn bywyd oedd hi a faint nad oedd hi wedi’i brofi eto yn gwneud ei cholled yn amhosibl i’w derbyn.”

Ychwanegodd: “Fel teulu, rydym yn teimlo fel pe bai Chloe wedi cael ei siomi yn y gwaith, ac oherwydd hynny, rydym wedi ei cholli am byth. Ni fydd ein bywydau byth yr un fath eto. Rydym yn gobeithio y bydd y rhai sy’n gyfrifol yn deall maint yr hyn sydd wedi digwydd yn wirioneddol, nid yn unig colli bywyd Chloe, ond y dinistr a achoswyd i’w theulu, ei ffrindiau, a’i chymuned.

 Fel teulu, rydym yn gobeithio na chaiff yr achos hwn ei ystyried o ran y canlyniad yn y llys yn unig, ond fel atgof llym o’r gost ddynol wirioneddol y tu ôl iddo. Mae effaith colli Chloe yn ymestyn ymhell y tu hwnt i unrhyw ddedfryd a bydd yn aros gyda ni am byth. Rydym yn annog cyflogwyr i edrych y tu hwnt i gydymffurfiaeth ac ystyried yn wirioneddol y cyfrifoldeb sydd ganddynt am y bywydau yn eu gofal. Rhaid i ddiogelwch fod yn ystyrlon yn ymarferol, gan sicrhau bod risgiau’n cael eu rheoli’n iawn, bod gweithio ar eich pen eich hun yn ddiogel, a bod pawb sy’n mynd i’r gwaith yn dychwelyd adref.”

Dywedodd arolygydd HSE, Rachael Newman:

“Roedd Chloe Bidwell yn brentis saer ifanc ar ddechrau ei gyrfa. Roedd ganddi bob hawl i ddisgwyl y byddai ei chyflogwr yn cymryd y camau sylfaenol oedd eu hangen i’w chadw’n ddiogel yn y gwaith. Roedd gan ei theulu bob hawl i ddisgwyl, pan fyddai Chloe yn mynd i’r gwaith, y byddai hi’n dod adref.

“Mae trychineb marwolaeth Chloe yn cael ei gwneud hyd yn oed yn fwy ysgytwol oherwydd ei bod mor gwbl osgoadwy. Ni ddylai prentisiaid fod yn gweithio ar eu pen eu hunain ar safle adeiladu, a bu farw Chloe mewn amgylchiadau na ddylent fod wedi gallu digwydd byth.

“Nid oedd gan gyflogwr Chloe, Varcity Living Limited, system storio ddiogel ar waith ar gyfer y byrddau peryglus o drwm a oedd wedi’u pentyrru’n unionsyth ac yn gwbl heb eu diogelu. Ar ben hynny, roeddent wedi methu â darparu’r wybodaeth, y cyfarwyddyd, yr hyfforddiant a’r oruchwyliaeth angenrheidiol i’w prentis ifanc.

“Ni all canlyniad heddiw ddod â Chloe yn ôl, ond rydym yn gobeithio y bydd y ddedfryd a roddwyd yn dod â rhywfaint o gysur i’w theulu, y mae eu bywydau’n parhau hebddi. Maent yn parhau yn ein meddyliau, ac rydym yn cynnig ein cydymdeimlad dwysaf iddynt.”

Dygwyd yr erlyniad hwn gan y cyfreithiwr gorfodi HSE Arfaq Nabi a’r swyddog paragyfreithiol Lynne Thomas.

Nodiadau i Olygyddion

  1. Yr Awdurdod Gweithredol Iechyd a Diogelwch (HSE) yw rheoleiddiwr cenedlaethol Prydain ar gyfer iechyd a diogelwch yn y gweithle. Rydym wedi ymrwymo i amddiffyn pobl a lleoedd, a helpu pawb i fyw bywydau mwy diogel ac iachach.
  2. Mae rhagor o wybodaeth am y ddeddfwriaeth y cyfeirir ati yn yr achos hwn ar gael ar wefan yr HSE.
  3. Mae rhagor o fanylion am y datganiadau newyddion diweddaraf gan yr HSE ar gael ar wefan yr HSE.
  4. Gellir dod o hyd i ganllawiau perthnasol yn: https://www.hse.gov.uk/pubns/priced/hsg150.pdf, https://www.hse.gov.uk/pubns/wis2.pdf and https://www.hse.gov.uk/pubns/indg73.pdf.
  5. Nid yw’r HSE yn rhoi dedfrydau, yn gosod canllawiau nac yn casglu unrhyw ddirwyon a osodir. Rhaid dilyn canllawiau dedfrydu perthnasol oni bai bod y llys yn fodlon y byddai’n groes i fuddiannau cyfiawnder gwneud hynny. Mae’r canllawiau dedfrydu ar gyfer troseddau iechyd a diogelwch ar gael ar wefan y Cyngor Dedfrydu.

HS2 contractor fined £400,000 after tipper truck driver injured

A joint venture working on the HS2 rail project has been fined after the driver of a 20-tonne tipper truck was injured when his vehicle fell off the edge of an excavation ramp.

The incident happened on 27 July 2021, at a site in Copthall North near Uxbridge, West London. The site was being run by SCS Railways, a venture set up by three major construction companies – Skanska Construction UK Limited, Costain Limited and Strabag AG.

The tipper truck fell approximately two metres and landed on the driver’s side. The man behind the wheel suffered a broken nose, cut hand, and a shoulder injury.

The 20-tonne truck ended up on its side after falling off excavation edge

Inspectors from the Health and Safety Executive (HSE) visited the site after the incident and found that there were no signs on the haulage routes being used. They also identified that there was no edge protection in place to prevent vehicles going over the edge of the ramp, and that excavations adjacent to some of the vehicle routes had unsupported, vertical faces which were at risk of collapse.

The incident occurred in an area where SCS Railways was building a ‘cut and cover tunnel’. These are shallow tunnels built on the surface before being buried, with trees, plants, and shrubs planted on top. Material from the excavation was to be reused, removing the need for it to be taken off site.

SCS Railways had contracted another company – ACE Grab Hire and Haulage Limited (ACE) – to transport excavation material via 20-tonne tipper trucks to an area under the control of another joint venture working on HS2, Align JV.  ACE drivers had been operating at the site for about two weeks by the time the incident occurred.

The subsequent HSE investigation found that on the morning of the incident, the SCS earthworks team changed their working area after an Align JV representative found the original material could not be used. This meant moving the excavator’s loading position and creating a new traffic route – but the change inadvertently left an unprotected edge on the bank above.

The suffered several injuries in the incident

When the first ACE tipper truck driver used the higher-level bank instead of the intended new route, his vehicle slipped on the ramp. The next ACE driver followed the same path – and his vehicle veered off the edge of the bank.

HSE guidance on the management of vehicle movements on construction sites can be found in the HSE publication HSG 144, The safe use of vehicles on construction sites. This states that physical barriers, such as safety banks, should be provided at the edges of excavations. Guidance on excavations can also be found at Excavations – HSE. Haul roads on construction sites are also classed as temporary works and guidance can be found at Temporary Works – HSE.

SCS Railways, of 1 Hercules Way, Leavesden, Watford, pleaded guilty to contravening section 3(1) of the Health and Safety at Work etc Act 1974. It was fined £400,000 and ordered to pay costs of £8,974 at Uxbridge Magistrates’ Court on 16 June 2026.

HSE Inspector Gordon Carson said:

“SCS had detailed procedures in place for much of the work at the site, including temporary works schemes for excavations.

“However, its failure to properly plan and promptly communicate changes in vehicle routes created unsafe conditions for the drivers of tipper trucks.

“The consequences of this could have been even more serious than they were for the driver involved in this incident.”

The investigation was carried out by HM inspectors Saif Deen and Gordon Carson, and the prosecution brought by HSE lawyer Andrew Siddall and paralegal Benjamin Stobbart.

 

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. Guidance on the management of vehicle movements on construction sites can be found in the HSE publication HSG 144, The safe use of vehicles on construction sites. Guidance on excavations can be found at Excavations – 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 in England and Wales can be found here and for those in Scotland here.

Construction company sentenced after a worker fell to his death

A construction company has been fined after one of its employees was killed when he fell through an unglazed window opening.

Antonio Rodrigues, 55, had been working for Lima Construction Limited, the principal contractor on a project to redevelop a former department store on the High Street in New Malden, into a mixture of commercial and residential units.

On 27 July 2022, Mr Rodrigues, who was working as a labourer on the site, fell from an external scaffolding platform through an unglazed window void, landing on an internal concrete ground floor more than three metres below.  Although he was taken to hospital Mr Rodrigues died from his injuries several days later on 1 August.

Police bodycam footage of the openings including the door in the centre which Mr Rodrigues fell through

An investigation by the Health and Safety Executive (HSE) found that in one wall, window voids had been created to install glazed ‘Juliet’ doors. However, when the doors were delivered it was found some had damaged glazing panels so were not installed. Although the company recognised that the four unglazed window voids created a risk to workers on the scaffolding platform – falling from height through the voids – it was only in the hours after Mr Rodrigues fell that protective boarding was installed.

 

The HSE investigation identified it was reasonably practicable for boarding or additional inside scaffolding guard rails to have been installed over the window voids to prevent falls from height as soon as they had been created.

The door and the concrete ground below it
The door with the boarding added within hours after the fall

The company had also not ensured that legally required weekly scaffolding inspections had been carried out after 5 July 2022, so the opportunity for identification of the risks posed by the unglazed window voids by a competent scaffolding inspector was lost.

Lima Construction Limited, of Apsley Road, New Malden, pleaded guilty to contravening Regulation 13(1) of The Construction (Design and Management) Regulations 2015. It was fined £50,000 and ordered to pay costs of £11,347 at Westminster Magistrates Court on 18 June 2026.

HSE inspector Andrew Verrall-Withers said: 

“This is a case where a company who generally tried to have good standards of health and safety, failed to react effectively to an unusual situation and there were tragic consequences.

“Falls from height are one of the leading causes of workplace fatalities and major injuries in the UK.  Employers and those in control of any work at height activity should ensure a sensible, pragmatic approach when considering precautions for work at height.

“As there was no CCTV and nobody witnessed the incident, we will never know exactly what caused Mr Rodrigues to fall. But if the boards added shortly afterwards had been in place, then there would have been no opening for him to fall through in the first place.”

The HSE’s investigation was carried out by HM inspector Andrew Verrall-Withers, and the prosecution was brought by HSE lawyers Iain Jordan and Tom Ledden-Rocks, and paralegal Anushka Lulith.

 

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.
  1. More information about the legislation referred to in this case is available.
  1. Further details on the latest HSE news releases is available.
  1. Guidance on working at height is available at Working at height – HSE and further guidance on construction can be found at Get started – HSE.
  1. 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.

 

HSE urges construction companies to strengthen site security

As school holidays approach, construction companies across the region are being urged to take additional precautions to keep children safe this summer.

While rare, children have tragically lost their lives, and others have been injured, after making their way on to unsecure and unsafe construction sites.

The Health and Safety Executive (HSE) is calling on the construction industry to prevent children from accessing construction sites during the school holiday period, to stop children being injured or worse in pursuit of innocent fun and curiosity.

HSE is reminding those in control of sites that they have a duty to do everything they can to keep children out of the site and away from danger, with the following specific steps particularly relevant to child safety:

The school holiday period serves as a timely reminder that site security is not only a legal responsibility but a vital part of protecting local communities, especially when schools are closed and children have more free time to be outside.

HSE has a range of guidance and further information available to help manage the risks: Protecting the public

HSE’s Mike Thomas said: “Construction site managers should check their sites are secure, and in areas where children live and play, they should remain vigilant and ensure that the risks to children are properly controlled.

“Construction sites are places of work and contain numerous hazards, all of which can pose a dangerous threat to anyone entering without permission. Clients and contractors must ensure that unauthorised access onto sites is prevented, both during and outside working hours.”

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.
  1. The relevant law in relation to unauthorised site access is set out in Regulations 13(4), 15(10) and 4(6) of the Construction (Design and Management) Regulations 2015
  2. Further details on the latest HSE news releases is available
  3. 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.

Skip manufacturer fined £30,000 after failing to protect workers from carcinogenic fumes.

A Lancashire manufacturer of skips and metal containers has been fined £30,000 after repeatedly failing to protect its workers from carcinogenic welding fumes at its site in Thornton-Cleveleys.

Despite being served with an Enforcement Notice by HSE inspectors on two occasions, Samson Containers Ltd continued to carry out mild steel welding without adequate control measures to protect their employees. Inspectors also found the company failed to meet it duty to monitor the health of workers exposed to high levels of noise – risking long-term harm.

During a visit to the site on 29 August 2024, Health and Safety Executive (HSE) inspectors identified several issues including high-intensity welding without local exhaust ventilation (LEV), inadequate welfare facilities, and a lack of assessment of noise risk, along with other health and safety issues on site. Multiple improvement notices were served.

Inspectors returned on multiple occasions to assess compliance, but found that the company had done nothing to comply with the notices relating to welding fume control and health surveillance for noise. This failure left employees exposed to carcinogenic welding fumes and at risk of becoming seriously ill. The company also failed to provide health surveillance to monitor the hearing of their employees exposed to high levels of noise throughout the shift.

The International Agency for Research on Cancer advises that exposure to mild steel welding fumes can cause lung cancer and possibly kidney cancer in humans. To control the risk, suitable ventilation must be present. Where this ventilation does not adequately control exposure, respiratory protective equipment (RPE) should be provided. Welding should not be undertaken without these control measures in place. This is applicable to welding indoors and outdoors.

The Control of Noise at Work Regulations 2005, Regulation 9 (1) requires employers to provide employees with health surveillance involving hearing checks where they are regularly exposed to high levels of noise or where employees are particularly at risk e.g. pre‑existing hearing loss or sensitivity to noise. Health surveillance helps employers to identify early signs of hearing damage, prevent further deterioration by prompting action, and making sure that their noise controls measures are working effectively.

The company Samson Containers Limited was found guilty at Warrington Magistrates’ Court of failing to comply with two Improvement Notices contrary to Section 33(1)(g) of the Health and Safety at Work Act 1974. The company was fined £30,000 and ordered to pay £4571 in costs along with a victim surcharge of £2000 on 16 June 2026.

HSE Inspector Gemma Feerick said:

“This was a company that put its workers at risk of serious, long-term health conditions because it repeatedly failed to get the basics right – even when expressly served with notices to put proper controls in place.

“These fines should send a clear message that HSE takes failure to comply with enforcement notices extremely seriously and will act against companies and individuals who fail to protect the health and safety of their employees.”

This HSE prosecution was brought by HSE Enforcement Lawyer Julian White and Paralegal Officer Stephen Grabe.

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:
  1. 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 firms fined after worker fractures neck during platform collapse

Two construction companies have been fined after a drilling operative sustained fractures to his neck and back when a temporary platform loaded with concrete debris collapsed on top of him.

Steve Zschoch, now 60, was working for contractors Diacutt Limited on 23 February 2024 at a construction project at Paxton House in the City of London. The refurbishment project, which was being run by principal contractor Roots Contractors Limited, involved cutting openings through five concrete floors to create a service riser shaft.

A temporary platform loaded with concrete debris collapsed on top of Steve Zschoch

Roots Contractors Ltd had instructed its carpenters to build temporary wooden platforms under each opening to collect the 16kg concrete cores and debris that were generated by the cutting.

Mr Zschoch had been cutting an opening on the third floor, working directly under one of the temporary platforms, when it suddenly gave way and collapsed on top of him, along with chunks of concrete that had not been cleared away.

He described being “folded up like a concertina.” He sustained injuries including fractures to his neck, his back and a bleed on his brain. He described the profound impact of the incident on his day to day life;

“The impact this incident has had on me has been life changing in so many ways, he said.

“Not just in mobility issues but in my confidence to do just about anything.

“Even simple domestic tasks, like using the launderette or going to the shops can overwhelm me now. Emotionally as well as physically.”

An investigation by the Health and Safety Executive (HSE) found that there was no design for the temporary platforms and no calculation had been made for the safe level of loading.

Steve Zschoch suffered a fractured neck in the incident

While an inspection form for the platform was completed, it failed to identify any issues with the design, and the person tasked to complete it was a not a competent temporary works coordinator.  We also found that although there had been a verbal instruction for workers to regularly clear the platforms of concrete and not ‘overload’ them, no safe level of loading was known, and there was no monitoring of whether the platforms were indeed cleared.

HSE also found deficiencies in the planning, managing and monitoring of the work by the contractor.

Temporary works must be carefully managed. The law says any temporary structure must be designed, installed and maintained to withstand any foreseeable loads which may be imposed on it and that it be only used for the purposes for which it was designed, installed and maintained. They should be inspected by a competent person on a regular basis. Guidance on temporary works is available at hse.gov.uk.

Roots Contractors Limited of Ewell, Surrey, pleaded guilty to breaching The Construction (Design and Management) Regulations 2015, Regulation 16(2). The company was fined £19,333 plus costs of £5,548 at a hearing at Westminster Magistrates’ court on 11 June 2026.

Diacutt Limited of Croydon pleaded guilty to breaching The Construction (Design and Management) Regulations 2015, Regulation 15(2) and was fined £13,000 plus costs of £5,548 at the same hearing.

HSE inspector Lucy Ellison-Dunn said:

“People rightly expect that when they go to work, they are not put in unnecessary danger, and this entirely avoidable incident had the effect of seriously injuring Mr Zschoch and ending his construction career much earlier than he wanted.

“Those providing temporary works have a duty to ensure that any temporary structure is properly designed and constructed to withstand any foreseeable load that might be imposed on it.

“This means having appropriate arrangements in place to manage temporary works.  Contractors should ensure all construction work is properly planned, managed and monitored to ensure workers can carry out their work safely.”

The prosecution was brought by HSE enforcement lawyers Chloe Ward and Jon Mack, supported by Thomas Smith.

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. Relevant guidance on temporary works is available can be found here and also about the duties of contractors to plan, manage and monitor construction work.
  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.