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.

A grandfather died after falling through a hole in his own bathroom that had been left by workers.

Kenneth Armitage landed on the kitchen floor below, in an incident his daughter Suzy said “should never have happened.”

The bathroom in Mr Armitage’s house on Whitestone Drive in Huntington, York had been getting converted into a wet room by the construction company Cooper and Westgate.

The company had removed the room’s floorboards as it accessed pipework, but left an unguarded hole in the floor on 8 February 2019.

The 81-year-old later fell through the hole and was found dead by his son-in-law the following evening on 9 February.

A Health and Safety Executive (HSE) investigation found Cooper and Westgate failed to adequately secure the hole as its employees were not properly trained. The company had also failed to undertake a suitable and sufficient risk assessment, nor a method statement for the work involved.

HSE guidance can be found at: Working at height: A brief guide (hse.gov.uk)

Kenneth’s daughter, Suzy, said: “Our dad, who was sadly taken away from us, was everything to us. He was the kindest person you could ever meet.

“He was a fantastic dad to me, my brother and a loving grandad to all our children.

“I can’t believe he has gone, I keep thinking it’s a horrible nightmare and I will wake up and he’ll be there. Our hearts were broken that day and may never heal. It should have never happened.

“We are all still struggling to come to terms with losing him.”

Cooper and Westgate Co. Ltd, of Navigation Court, Calder Park, Wakefield, West Yorkshire was found guilty of breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £150,000 and ordered to pay £50,000 in costs at Leeds Magistrates’ Court on 17 September 2024.

HM inspector of health and safety Yolande Burns-Sleightholme, of HSE, said: “Employers need to fully assess and control the risks from work at height, caused by creating holes in domestic properties and recognise the importance of securing them effectively. They should then pass this knowledge on to their employees through suitable training and guidance.

“This incident could so easily have been avoided had Cooper & Westgate properly assessed the risks, put in place safe working practices and provided the correct training to its employees.”

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

A company has been sentenced after a 62-year-old worker fell 10 metres to the ground and died during the construction of a new university facility.

The Health and Safety Executive (HSE) investigated the fall and subsequently prosecuted Balfour Beatty, with the firm fined £285,000 on Monday 16 September.

Igor Malka and a second contractor, Edmund Vispulskis, had been in a scissor lift while installing cladding during the construction of a new engineering hall at the University of Birmingham on 7 January 2020.

The pair, from Lithuania, fell approximately 10 metres when their scissor lift was pushed over by a nearby crane.

This led to Mr Malka losing his life while Mr Vispulskis sustained injuries to his spine and broken ribs, before spending seven weeks in a neck brace. Mr Vispulskis also required pins to be inserted in his pelvis and thigh.

Balfour Beatty had been the principal contractor while the National Buried Infrastructure Facility was being built at the university.

The crane was being used to move hydraulic equipment that had been delivered by a lorry. The equipment was set to be installed at the facility.

The HSE investigation found the incident could have been prevented had Balfour Beatty implemented better controls and put in place better communication between contractors. There were contractors at the site that were moving the hydraulic units into place with the overhead travelling gantry crane, and another team who were installing internal cladding. Balfour Beatty, as principal contractor on site, had a duty to ensure communication and co-operation between these contractors. There was also no lift supervisor present at the time of the incident.

The University of Birmingham was not prosecuted by HSE.

HSE guidance can be found at Lifting Operations and Lifting Equipment Regulations (LOLER) (hse.gov.uk)

Balfour Beatty, of Churchill Place, Canary Wharf, London, pleaded guilty to breaching Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulations 1998. The company was fined £285,000 and ordered to pay £21,768.88 in costs at Birmingham Crown Court on 16 September 2024.

HSE inspector Gareth Langston said: “This was a tragic incident that led to the death of a worker with another being seriously injured and still experiencing difficulties today as a result.

“Lifting operations must be properly controlled – they must be planned, with plans adhered to.”

This HSE prosecution was brought by HSE enforcement lawyer Andy Siddall and supported by HSE paralegal officer Helen Jacob.

Notes to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We 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.

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.

A manufacturing company has been fined £15,000 after exposing its own workers to wood dust and failing to comply with two improvement notices.

Wood dust can cause serious and often irreversible health problems, including sino-nasal cancer, asthma and dermatitis. Employers have a legal responsibility to prevent or adequately control exposure in the workplace.

After concerns were raised to the Health and Safety Executive (HSE), inspectors from the workplace regulator went to Billy Davidson NV Stables Limited’s premises in Wingate, Durham on 17 June 2022. As a result, notices were served on the firm requiring it to undertake an examination of the local exhaust ventilation (LEV) system fitted to a chop saw and for failing to control exposure to wood dust from the use of a circular table saw.

Proper dust extraction can include having the right machinery, and vacuuming dust instead of sweeping is often required. HSE’s easy-to-follow guidance can be found here.

Despite the action taken by HSE, when inspectors returned to the site on 12 January 2023, the circular saw was still being used, despite the company saying it had been taken out of use. Likewise, the chop saw and LEV was also still being used, and the company had not provided HSE with confirmation it had been examined and was adequately controlling wood dust exposure.

The subsequent HSE investigation found the company had shown a disregard for health and safety due to their failure to comply with the improvement notices.

A HSE campaign to protect workers from exposure to wood dust is ongoing.

Billy Davidson NV Stables Limited was found guilty of contravening two counts of Section 33(1)(g) of the Health and Safety at Work etc Act 1974 and Regulations 9(2) and 7(1) of the Control of Substances Hazardous to Health Regulations 2002. The company was fined £15,000 and ordered to pay £4,500 in costs at Peterlee Magistrates Court on 24 January 2024.

Speaking after the hearing, HSE inspector Clare Maltby said: “This company showed a blatant disregard to the safety of its own workers.

“Companies are responsible for controlling the exposure to wood dust, a substance which is hazardous to health and can cause long term health effects such as occupational asthma.

“Compliance could have been achieved by simply getting a LEV fitted to the circular table saw and getting a competent person to undertake a thorough examination and test of the LEV on the chop saw.

“This case demonstrates that we will not hesitate to prosecute companies who fail to comply with the law.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

The director of a Norwich woodworking company has avoided an immediate spell behind bars after he exposed his employees to harmful wood dust.

Wood dust can cause serious and often irreversible health problems, including sino-nasal cancer, asthma and dermatitis. Employers have a legal responsibility to prevent or adequately control exposure in the workplace.

John Risby, the director of Turners and Moore Limited, was given a four month custodial sentence, suspended for two years, at Norwich Magistrates Court. The 33-year-old’s company was also fined £40,000.

The Health and Safety Executive (HSE) carried out an inspection at the firm’s Hurricane Way site on November 2017, which identified significant failings in its measures to control exposure of employees to wood dust. Enforcement action was taken, however a subsequent inspection in August 2022 showed the company had failed to maintain standards and further enforcement action was taken.

Dust extraction and vacuuming instead of sweeping can be some of the measures taken to control exposure to workers. Guidance on working in the woodworking industry is available and an inspection-led campaign to protect workers continues.

Turners and Moore Limited of Hurricane Way, Norwich was fined £40,000 after pleading guilty to breaches of Sections 2 (1) and 3 (1) of the Health and Safety at Work Act 1974. The company must also pay £2,000 in costs. Director John Risby was given a four month custodial sentence, suspended for two years. He will also pay costs of £1,100 for breaching section 37 of the same Act.

After the hearing, HSE inspector Natalie Prince said: “This outcome should send a strong message out to anyone with a responsibility for protecting workers.

“Exposure to wood dust can cause serious ongoing health problems and businesses must do all that they can to protect their workers.

“This outcome should underline to those in the woodworking industry that the courts, and HSE, take a failure to protect the health of employees extremely seriously and will not hesitate to take action against companies that fail to do so.”

This HSE prosecution was brought by HSE enforcement lawyer Gemma Zakrzewski and 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 prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

A company in Peterborough has been fined £67,000 after a young employee lost his life.

George Setchfield was found unconscious over the side of a large container while working for Electrostatic Magic Limited at the firm’s site in Peterborough.

George’s mum says his passing has affected “every aspect” of her life.

The 21-year-old had entered the company’s stripping shed, which housed an Intermediate Bulk Container (IBC) containing alloy wheel stripper.

He was later found by his manager slumped over the side of the IBC, and could not be revived.

George had sustained multiple organ failure and chemical pneumonitis and cutaneous burns from exposure to dichloromethane, hydrofluoric acid and methanol.

Health and Safety Executive (HSE) guidance for those working with dichloromethane is available.

An investigation by HSE found that Electrostatic Magic Limited had failed to control exposure to dichloromethane and hydrofluoric acid. It would have been reasonably practicable for the company to have installed local exhaust ventilation (LEV), used a hoist or long-handled tools to lower and lift parts in and out of the tank, provide pumped chemical systems to prevent the need to lean into the IBC and finally ensure that any Personal Protective Equipment (PPE) or Respiratory Protective Equipment (RPE) provided was suitable for the environment it was being used in.

George’s Mum, Amanda Foster, told Peterborough Magistrates’ Court: “Trying to find some level of justice for George has taken over my entire life.  I have spent hours going into detail, reviewing, rereading and making notes about how George died and how it should have been prevented.

“This is something that I struggle to accept, how has this been able to happen to my son? George’s death has affected every aspect of my life. It has left me with a constant feeling of emptiness and devastation. It will shadow my future forever and I know that my life will never be as it once was. It has shattered my family’s lives and changed everyone’s life who knew and loved George.”

Electrostatic Magic Limited, of Ivatt Way, Westwood, Peterborough, pleaded guilty to breaching Regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002 and Article 67 of the REACH regulation. The company was fined £67,000 and ordered to pay £7,231 in costs at Peterborough Magistrates’ Court on 19 January 2024.

HSE inspector Tom Pouncey said: “Our thoughts today are with the family of Mr Setchfield, a young man, who should have returned home safely to his family at the end of his working day, but because of the failings of Electrostatic Magic Limited, he did not, and his family are understandably heartbroken.”

“Awareness within the alloy wheel stripping industry of the importance of using appropriate control measures and the dangers of this cold stripping process needs to improve.

“Companies need to understand the dangers of working with hazardous chemicals and ensure employees are not unnecessarily exposed. Deaths can result from working with Dichloromethane-based stripping fluids. HSE will be inspecting businesses carrying out similar work to ensure suitable health and safety arrangements are in place. If they are not then HSE will take appropriate action.”

This prosecution was brought by HSE enforcement lawyer Jon Mack 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 prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

Kettering General Hospital NHS Foundation Trust has been fined £480,000 after an employee suffered a brain injury after he was found unconscious in a manhole.

The man had been unblocking a drain at the hospital on 1 February 2022 when he was discovered by other members of staff.

He was rescued from the manhole by Northamptonshire Fire and Rescue Service and was treated at hospital for acute sulphate intoxication. This resulted in a traumatic brain injury, and ongoing issues with memory loss and nerve damage.

HSE guidance can be found at: Introduction to working in confined spaces (hse.gov.uk)

A Health and Safety Executive (HSE) investigation found that Kettering General Hospital NHS Foundation Trust failed to identify the manhole as a confined space, and thereafter, failed to properly risk assess the activity. The trust failed to prevent entry of employees into confined spaces at the site – which was custom and practice for a number of years. The trust also failed to identify a safe system of work or method statement for clearing blocked drains and no precautions were identified to reduce the risk of injury.

HSE’s investigation also highlighted that no confined space training was given to members of the estates team and insufficient information and instruction was provided to those involved as to the methods to be adopted, the risks involved and the precautions to be taken, when clearing drains and entering deep drains or manholes.

Kettering General Hospital NHS Foundation Trust, of Rothwell Road, Kettering, Northants, pleaded guilty to breaching Section 2(1) of The Health & Safety at Work etc. Act 1974. The trust was fined £480,000 and ordered to pay £4,286.15 in costs at Wellingborough Magistrates’ Court on 9 January 2024.

The prosecution was brought by HSE enforcement lawyer Samantha Wells.

HSE inspector Heather Campbell said: “This case highlights the dangers of working in confined spaces. The manhole should have been identified as a confined space, and risk assessed accordingly. Safe systems of work for entry into confined spaces should have been in place, such as those outlined in the HSE’s Approved Code of Practice.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk