Press release

Grocery wholesaler fined £1 million after worker killed by reversing HGV

A London-based grocery supplier has been fined £1 million after a worker was killed by a reversing HGV during a delivery in Manchester.

Lee Warburton, 53, a father of three from Stockport, was employed by Bestway Northern Limited, a wholesale supplier serving independent supermarkets across Britain, when the incident occurred.

On 19 February 2019, Mr Warburton and a colleague were making a delivery to a store in central Manchester. He was acting as a banksman, directing his colleague who was reversing the HGV. While attempting to guide the vehicle into the unloading area, Mr Warburton became trapped between the vehicle and a wall. He sustained fatal crush injuries.

Lee Warburton

Lee Warburton’s partner, Hayley Tomlinson, described the day he died as the worst of her life. “To be taken in such a cruel manner made it even harder,” she said. “Knowing the pain and fear Lee must have gone through was unbearable. But nothing compares to the moment I had to tell our children their daddy was never coming home.”

She spoke of the long-term impact on their daughters, who were just nine and ten at the time. Both have suffered serious mental health challenges, including depression, bullying and social isolation. “It broke my children’s spirits; they lost the sparkle in their eyes,” she said. “Lee was their hero.”

“My children will miss out on all the milestones Lee should have been here for – walking them down the aisle, meeting their first child. They miss the cuddles, the love he showed them, the days out. This has changed our lives forever.”

A Health and Safety Executive (HSE) investigation found that Bestway Northern Limited, of Abbey Road, Park Royal, London, had failed to implement a safe system of work for vehicle movements. The company also failed to adequately assess the risks involved in the task or provide sufficient training for employees acting as banksmen.

Reversing HGV

HSE provides free guidance to employers at hse.gov.uk including specific guidance on workplace transport and reversing – Reversing – HSE.

Bestway Northern Limited pleaded guilty to breaching regulation 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £1 million and ordered to pay full prosecution costs of £11,950.07 at a hearing at Manchester Magistrates’ Court on Friday 18 July 2025.

After the hearing, HSE inspector Jane Carroll said:

“The company had failed to implement a safe system of work for its delivery and unloading activities, thereby exposing employees and others to the risk of being struck or caught by workplace vehicles.

“Nearly a quarter of all deaths involving workplace transport occur during reversing, most of which can be avoided by taking simple precautions.

“All work settings involving vehicles need to consider the risks arising from their use and implement adequate measures to ensure the safety of those involved in these activities.”

The prosecution was supported by HSE enforcement lawyer Chloe Ward and paralegal officer Rebecca Whithell.

 

Further information:

  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. hse.gov.uk
  2. More about the legislation referred to in this case can be found at: legislation.gov.uk
  3. HSE news releases are available at: hse.gov.uk
  4. Guidance for working safely with vehicles can be found at: Workplace transport – HSE

Property developer fined after man crushed by faulty lift

A London property developer has been fined £40,000 after a member of the public was crushed by a faulty falling lift at a block of flats.

The 23-year-old had returned to the flats on Cambridge Heath Road in East London, with a group of friends on 9 September 2019. When he and seven others entered the lift on the ground floor, it began to shudder and descend with the doors still open. As it began to fall, the young man attempted to exit the lift but he was crushed between the ground floor and the top of the lift. The crush injuries he sustained were so serious he eventually required a liver transplant.

Nofax Enterprises Limited had been acting as the property manager for the five-storey block flats. The investigation by the Health and Safety Executive (HSE) found that it failed to act when defects with the lift were identified by a third party, resulting in a member of the public being harmed.

Health and safety law places specific obligations on those providing, controlling and using lifting equipment. HSE has detailed guidance for how to properly manage these risks. Thorough examinations should be carried out by a competent person at six month intervals for lifts designed to lift people. When a defect is identified that poses a danger to people the lifting equipment should not be used until the defect is remedied. Further guidance can be found here: Thorough examination and testing of lifts: Simple guidance for lift owners INDG339.

Nofax Enterprises Limited of Swiss House, Beckingham Street, Tolleshunt Major, Essex, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £40,000 and ordered to pay £8,540 in costs at Southwark Crown Court on 22 July 2025.

HSE inspector Pippa Knott said: “As a result of this company’s failures, a young man who was simply returning from a night out with friends has suffered life-changing injuries.

“The fine imposed on Nofax Enterprises Limited should underline to everyone in property management that the courts, and HSE, take these failures extremely seriously.

“We will not hesitate to take action against companies which do not do all that they should to keep people safe.”

This HSE prosecution was brought by HSE enforcement lawyer Nathan Cook and paralegal officer David Shore.

 

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 – Thorough examination and testing of lifts: Simple guidance for lift owners INDG339
  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.

Joinery firm fined for failing to protect its workers

A joinery firm in Middlesbrough has been fined £10,000 after an unannounced visit by Britain’s workplace regulator found multiple health and safety breaches.

Inspectors from the Health and Safety Executive (HSE)  visited Abbey Joinery and Manufacture Limited at its Worlton Road site on 25 May 2023. During their inspection they identified multiple failings relating to the company’s control of wood dust as well as its maintenance of electrical systems.  These failings meant that employees were being unnecessarily exposed to unnecessary risks.

Inspectors found wood dust across the site

Breathing in wood dust excessively can cause asthma and nasal cancer. HSE provides a range of guidance on working in the woodworking industry, covering the Control of Substances Hazardous to Health (COSHH) Regulations 2002; exposure limits; extraction; and health surveillance.

HSE inspector Darian Dundas said: “Wood dust can cause serious health problems.

“It can cause asthma, which carpenters and joiners are four times more likely to get compared with other UK workers.

“There is clear health and safety guidance available to assist businesses in adequately controlling exposure to wood dust.

“Adequate control of wood dust is achieved when the eight principles of good control practice are applied.”

The HSE inspection also found failures in the company’s electrical installations, including both fixed and portable appliances and machinery. Exposed wiring carried the potential to put workers at risk of serious injury, or worse, from electric shock.

Electrical failings were also identified

HSE guidance about electrical safety is also available. Darian Dundas continued: “It is vital that maintenance is carried out done to ensure the safety of electrical systems.

“The inspection and testing of equipment is also an essential part of any preventive maintenance programme.

“This investigation was supported by specialist inspectors with a deep knowledge in electrical safety.

Abbey Joinery and Manufacture Limited, of Whorlton Road in Middlesbrough, pleaded guilty to breaching Sections 2(1) of the Health and Safety at Work etc. Act 1974 and was fined £10,000 with £4,428 costs by Teesside Magistrates’ Court.

This HSE prosecution was brought by enforcement lawyer Chloe Ward and paralegal officer 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 in England and Wales can be found here and for those in Scotland here.
  5. Relevant HSE guidance referred to in this press release can be found here: Control of substances hazardous to health (Sixth edition) – HSE, EH40/2005 Workplace exposure limits and The Electricity at Work Regulations 1989 – HSE.

Rogue gas fitter jailed for carrying out unsafe work

A rogue gas fitter from Norfolk has been jailed after carrying out unsafe gas work at a residential property while suspended from the Gas Safe Register.

Antony Clifton, from Wymondham, has been sentenced to 46 weeks in custody after he carried out unsafe gas work while falsely claiming to be a member of the Gas Safe Register. He worked at a home in Drayon, Norwich in January 2022, but there was a gas escape on the inlet to a cooker that had been fitted the day before by the 52-year-old.

An investigation by the Health and Safety Executive (HSE) found that Clifton had left the appliance in a condition where gas was leaking, and emergency repair work was required. Clifton had previously been served with a prohibition notice by HSE following unsafe gas work.

Further information and guidance on domestic gas health and safety is available.

Antony Clifton, a director of CS Appliance Repairs Limited, of Exige Way, Wymondham pleaded guilty to breaching Regulations 3(7) and 5(3) of the Gas Safety (Installation and Use) 1998 Regulations. He was sentenced to a total of 46 weeks in custody and was ordered to pay £1,000 costs at a hearing at Great Yarmouth Magistrates’ Court on 14 July 2025.

After the hearing, HSE inspector Martyn Webb said: “Antony Clifton knew that he was not registered and should not carry out any gas work.

“However, he showed a blatant disregard to this fact and his illegal actions meant the people living in that house could have been killed.

“Homeowners and tenants should check for Gas Safe registration before allowing work to commence on their appliances and refuse entry to individuals who cannot prove they are registered.

“All gas work must be done by a registered Gas Safe engineer to ensure the highest standards are met to prevent injury and loss of life.”

Gas engineers and consumers can contact the Gas Safe Register in any of these ways:

This HSE prosecution was brought by enforcement lawyer Iain Jordan and paralegal officer Helen Hugo.

 

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.

Textile company fined after director killed by reversing HGV

A textile manufacturer has been fined £220,000 after one of its directors was killed by a reversing HGV in Rochdale.

Daniel Ames was a director of The British Millerain Company Limited and had offered to stay behind at the company warehouse to wait for the return of the vehicle on 22 June 2023.

The truck arrived at around 5.30pm. Mr Ames spoke to the driver and confirmed he would act as banksman to help the vehicle reverse into the warehouse.

During the manoeuvre, the driver lost sight of Mr Ames and when he got out to check, he found him trapped between the vehicle and some steel storage racks in the warehouse. The driver called paramedics, but Mr Ames died in hospital from his injuries.

Daniel Ames was killed by a HGV at his workplace

Speaking after the company was fined, Mr Ames’ family said the outcome left them with ‘mixed emotions’.

“Daniel went to work and never came home again and we have a massive hole in our lives that will never be filled,” they said in a statement.

“We are glad the company have admitted being responsible for his death and been handed a fine.

“But we remain devastated that we no longer have Daniel in our lives. Today we have still lost a much-loved dad, husband, uncle, son and brother, and we are devastated that his life ended in this way.

“He got on well with all his colleagues at work and had a great career. He was a respected professional who loved his job and was well known in the industry and was excited for his future. But that was taken away from us all in an instant.

“He was a real family man with a great sense of humour who was always making people smile and laugh and he enjoyed life to the full. We all miss him so much.”

The incident was reported to the Health and Safety Executive (HSE), who carried out an investigation into what happened. That identified a number of failings exposing employees to various risks, including having no safe system in place for reversing HGVs. Employees confirmed they had been doing the task for several years but had never received any training. This included one employee who said he had on occasion reversed HGVs into the warehouse with someone else acting as banksman – despite neither being trained to do so.

The HGV was being reversed into the warehouse

The HSE investigation also found the company had no risk assessment in place in relation to this work, with the regulator serving it with an improvement notice. Following the incident the company carried out a risk assessment that resulted in a safe system of work being implemented, which meant vehicles were no longer reversed using a banksman. Relevant guidance can be found here: Workplace transport – HSE.

The British Millerain Company Limited, of Unit 1 Park Mill, Buckley Road, Rochdale, pleaded guilty to breaching section 33(1)(a) of the Health and Safety at Work etc Act 1974. The company was fined £220,000 and ordered to pay costs of £5,634 at Manchester Magistrates Court on 10 July 2025.

HSE inspector Jane Carroll said: “This is a tragic case.

“Daniel was clearly popular and respected, but his leadership and dedication to his colleagues was not properly protected by the defendant.

“A safe system of work was not in place.

“We will always take action against those who fail to protect people in work.”

This prosecution was brought by HSE enforcement lawyer Gemma Zakrzewski 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 Workplace transport – 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.

Textile firm fined £300,000 after worker struck by vehicle

 

A company in the West Midlands that reclaims and processes textiles has been fined £300,000 after one of its workers was hit by a telehandler.

The man, now 42, suffered serious injuries to his legs in the incident that happened on 23 March 2023 at a factory belonging to JMP Wilcox & Company Limited at Beldtray Works in Bilston.

This CCTV still captured the moment leading up to the incident

Stills from CCTV footage captured the scene moments before the 39-year-old man was struck. He had been using a ride-on electric pallet truck inside the factory building. The pallet trucks are used for transporting goods of clothing to sorting lines and other areas around the factory.

The man and his supervisor had been finding stock in the ‘goods-in’ area. He was using his pallet truck to return an empty cage when he was hit by a telescopic handler that was being driven by another employee.

An investigation by the Health and Safety Executive (HSE) found that the company failed to properly manage vehicle movements on site. This included organising the workplace in such a way as to ensure the safety of its employees, both pedestrians and those using vehicles.

In other CCTV stills, the poor working practices before the incident were captured

HSE provides guidance – Workplace transport – HSE – about what workplace transport arrangements can be put in place to prevent incidents. These include:

JMP Wilcox & Co Limited of Beldray Road, Bilston pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc. Act 1974 and have been fined £300,000 and ordered to pay costs of £7,732 at Dudley Magistrates’ Court on 20 June 2025.

HSE inspector Gail Bell said: “This incident highlights the dangers to safety from inadequate management of workplace transport.

“A man suffered very serious injuries due to the failure to put suitable control measures in place.

“These measures ensure people are kept safe at work and specifically prevent them being struck by a moving vehicle.”

This HSE prosecution was brought by enforcement lawyer Andy Siddall 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. Relevant guidance can be found here Workplace transport – 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.

Worker has leg amputated following fall

A Norfolk-based food wholesaler has been fined £66,000 after an employee’s leg had to be amputated after he was injured while loading a lorry.

The worker was loading an HGV using a pallet truck at Osprey Foods Limited, in Holt, Norfolk on 5 July 2023.

The HGV pulled away while the man was still inside the trailer, causing both him and the pallet truck to fall between the loading dock and the rear of the vehicle. The injuries he sustained were so severe his leg had to be amputated.

The man fell from the back of a HGV after it was being loaded

An investigation by the Health and Safety Executive (HSE) found that Osprey Foods had not taken appropriate measures to control vehicle movements on their site. The traffic light system used to tell the HGV drivers when it was safe to move their vehicles had broken several weeks prior to the incident and had not been repaired. The traffic light remained green during the loading process, meaning that the driver pulled away thinking it was safe to do so and unaware that the man was still in the back of the vehicle.

Osprey Foods Limited, of Holt, Norfolk, pleaded guilty to breaching sections 2 (1) and 3 (1) of the Health and Safety at Work etc Act 1974. The company was fined £66,000 and ordered to pay £5,850 in costs at Peterborough Magistrates’ Court on 20 June 2025.

HSE inspector Natalie Prince said “Every year, a significant number of incidents, many of them serious and sometimes fatal, occur as a result of failure to manage vehicles moving around safely.

“In this case, a simple repair to a traffic light system has resulted in a worker suffering life-changing injuries.”

This HSE prosecution was brought by HSE enforcement lawyer Arfaq Nabi and paralegal officer Helen Hugo.

 

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 Workplace transport safety HSG136.
  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.

Construction firm fined for ignoring fire safety during works

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.

The Glovers Court development in Preston

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:

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.

Rear of 35 Glovers Court Preston showing exposed RSJs, cracks and missing coping

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:

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.

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.

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.

 

Nottingham builder spared jail after gas explosion injures worker

A Nottingham builder has avoided an immediate spell behind bars after his failures resulted in a gas explosion leaving a worker with burns so serious, he has been unable to work since.

Barry Newman, the sole trader of Foster Brother Builders, was given a 12-month suspended sentence and told to complete 240 hours of unpaid work.

Mr Newman had contracted a Nottingham man to carry out refurbishment works on a property in Bulwell. As part of those works, Newman, 58, had placed a faulty portable space heater, connected to a propane gas (LPG) cylinder, in the property’s cellar to dry out damp.

However, on 22 November 2022, a gas leak from the heater resulted in a violent explosion – causing the 51-year-old man to suffer severe burn injuries to his hands, legs, face and scalp. Footage taken by a member of the public in the immediate aftermath shows the extent of the damage caused to the property, with explosion debris also being propelled onto the pavement and residential road, putting members of the public at risk.

An investigation by the Health and Safety Executive (HSE) found that Newman failed to carry out a risk assessment and provide suitable and adequately maintained equipment for the work being undertaken.

The manufacturer’s instructions for the type of heater used clearly state that it is only for use in well-ventilated areas and that LPG cylinders should not be kept below ground. This is because the gas is heavier than air and will collect at the lower level if there is a leak. HSE guidance states that employers should ensure that work equipment is used only for operations for which, and under conditions for which, it is suitable.  Further guidance can be found here: https://www.hse.gov.uk/pubns/books/l22.htm

Barry Newman of The Quay, Beeston Marina, Nottingham pleaded guilty to breaching Regulation 4(3) of the Provision and Use of Work Equipment Regulations 1998. At Nottingham Magistrates’ Court on 19 June 2025 he was sentenced to twelve months imprisonment, suspended for two years, was ordered to complete 240 hours of unpaid work in the community, and required to pay costs of £2,000.

HSE Inspector Roy Poulter said: “This gas explosion has left one man unable to work due to the seriousness of the injuries sustained and it could have easily resulted in someone losing their life.

“This case should serve as a strong reminder to those in the building trade on the dangers of working with gas and the need to assess the risk, and just how serious both HSE and the courts take failures like this.

“HSE will take action against those who do not do all that they can to keep people safe.”

The prosecution was brought by HSE enforcement lawyer Samantha Wells.

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 provision and use of work equipment can be found here: Safe use of work equipment. Provision and Use of Work Equipment Regulations 1998. Approved Code of Practice and guidance – L22
  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.

Company fined after worker is crushed by car

A Liverpool motor vehicle repair company has been fined after a car fell from a two-post car vehicle lift onto a worker who was on his break.

The court heard how the man suffered multiple serious fractures in the incident at a garage in the Kensington area of Liverpool on 23 November 2022.

The 56-year-old from Toxteth, Liverpool, was working as a mechanic at the time, at the Marvin Street premises of Car Spa & Tyres Ltd. He was working on a vehicle which had been raised on a two-post lift. Neither swivel arm on one of the lifting columns was locked into position, and as he took a break to and was preparing to pray, the car fell from the lift, crushing him beneath and causing multiple serious fractures.

Garage and prayer mat

He was taken to Aintree Hospital, where he was found to have a broken leg, three broken bones in his spine, five broken ribs and a broken pelvis.

HSE guidance on working safely under motor vehicles being repaired: Working under vehicles – HSE

The man spent four months in hospital because of his injuries. Almost two years later, he has been left highly dependent upon his wife, and others, to carry out even simple daily tasks. It is unlikely he will be able to work again.

An investigation by the Health and Safety Executive (HSE) found that Car Spa & Tyres Ltd, had failed to put in place a safe system of work, or to sufficiently train their staff, in the proper, and safe operation of the lifting equipment.

Lifting equipment and car

The company, of the Kensington area of Liverpool, were found guilty by the jury to breaching regulation 2(1) of the Health and Safety at Work Act 1974. It was fined £40,000 and ordered to pay £20,000 in costs at a hearing at Liverpool Magistrates’ Court on 25 June 2025.

After the hearing, HSE inspector David Bellis said:

“This was a very serious incident, and it is fortunate nobody was killed as a result.

“If the injured man had been suitably trained in the use of the two-post lift, the company had a suitable system of work in place and the swivel arms had been positioned correctly and locked into place this incident would have been avoided.

“The HSE take all accidents seriously, especially those that could have been easily prevented, and will not hesitate to prosecute, whenever it is appropriate.”

The prosecution was brought by HSE enforcement lawyer Karen Park and paralegal officer Gabrielle O’Sullivan.

 

Further information:

  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. 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
  4. Guidance on working safely in the motor vehicle repair industry, and the safe use of lifting equipment can be found at:

L113: Safe use of lifting equipment (hse.gov.uk)

Health and safety in motor vehicle repair and associated industries (hse.gov.uk)

SIM 03/2010/02 Risk of vehicles falling from two-post vehicle lifts in motor vehicle repair (MVR) (hse.gov.uk)