A company and its director have been sentenced after workers were exposed to asbestos and its potential harmful effects.

Inspectors from the Health and Safety Executive (HSE) visited Eye Track Limited’s site in Stretford, Manchester, and found an uncontrolled spread of asbestos containing materials around the premises.

HSE has recently updated its webpages on asbestos safety and in 2023 launched an awareness campaign, Asbestos and You, which provides tradespeople with information about how to deal with asbestos on a job, and the personal risks from asbestos that still exist across the country today.

Earlier this year, the workplace regulator launched its Asbestos: Your Duty campaign that aims to improve understanding of what the legal duty to manage asbestos involves.

HSE attended the premises on Talbot Road in April 2019 after concerns were raised over workers unsafely working at height during the demolition of a number of units and construction of eight new residential houses.

During the inspection, HSE found significant amounts asbestos-containing materials across the site, mostly large amounts of debris associated with the breakage of asbestos-containing roof sheets from the demolished units. One unit taken down was estimated to contain 100 square metres of asbestos insulation board, 70% of which was demolished by hand and machinery.

A subsequent HSE investigation found the asbestos removal work was carried out under the direct control and instruction of Eye Track Limited director Selcuk Pinarbasi, who was fully aware of the potential dangers of asbestos. Mr Pinarbasi had some months earlier instructed a suitably qualified asbestos surveyor to carry out an asbestos demolition survey which had identified in detail the presence of both licensed and unlicensed materials throughout the site. Mr Pinarbasi was therefore fully aware of the risks the site posed from the presence of asbestos materials on his site prior to any demolition work taking place.

Eye Track Limited, of Talbot Road, Stretford, Manchester, pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £20,000 and ordered to pay £18,783.61 in costs at Manchester Crown Court on 25 April 2024.

At the same hearing. Selcuk Pinarbasi, of Bankhall Lane, Hale, Greater Manchester, pleaded guilty to breaching Section 3(1) and Section 33(1)(g), by virtue of Section 37(1), of the Health and Safety at Work etc. Act 1974. He received a custodial sentence of 20 weeks, suspended for 12 months. He was also fined £75,000 and ordered to pay costs of £18,783.61.

HSE inspector Phil Redman said: “This case highlights how such behaviour will not be tolerated under any circumstances. Lives were deliberately put at risk as profits were prioritised over safety during the uncontrolled demolition and removal of asbestos containing materials.

“Eye Track Limited and its director showed a total disregard for the health, safety and welfare of workers working under their control.”

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 farming business has been fined for multiple health and safety breaches which placed employees and others at risk over many years, in an attempt to cut costs.

Seymour Stevens Limited operate a beef and arable farm in Faversham, Kent.

A site visit carried out in November 2022 identified multiple, serious health and safety failings.

The Health and Safety Executive (HSE) investigation found one of the barns, used as a through route by an employee, was deemed unsafe to enter due to its poor structural state. Seymour Stevens Ltd were aware of this but had taken the decision not to repair the shed due to the costs, but had continued to allow its use. A number of electrical faults were also identified within that shed.

In another shed, the roof was insecurely fixed and was being weighed down with a straw bale in an attempt to prevent it from moving. Roof sheeting was also in poor condition and state of disrepair; in some cases, even falling from buildings.

Bull pens were broken and rusty and concerns were raised about the suitability of these to contain a bull. During the Christmas period in 2022, a bull had managed to escape the farm and was brought back to site by the Police.

Earlier in the same year, the company had been invited to attend a paid-for “Preparing for Inspection” courses which have been developed in partnership with industry. They didn’t take up that offer, missing the opportunity to learn more about their health and safety responsibilities and to better manage the risks they faced.

Seymour Stevens Limited pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc. act 1974 and was fined £12,000 and ordered to pay £4,830 in costs at a hearing at Maidstone Magistrates’ Court on 24 April 2024.

Speaking after the hearing, HSE inspector Peter Bruce said: “While agriculture accounts for just one percent of the working population, it accounts for about 20 per cent of workplace fatalities.

“In the case at Seymour Stevens farm, there were failings to manage health and safety risks associated with animals and falling objects – two of the five most common causes of fatal injuries in the agriculture sector.

“Employees and members of the public were being put at risk, despite previous warnings having been given to the company by their staff.

“It is important that employers maintain their workplaces and equipment to suitable standards to ensure that employees, visitors and members of the public are not put at risk.”

HSE is focusing on the dangers of livestock as part of this year’s Your Farm, Your Future campaign relaunched this week. The campaign has advice on working with livestock, and is hosted on its Your Farm Your Future campaign website, to assist farmers and workers and keep them safe.

This prosecution was brought by HSE enforcement lawyer, Jon Mack and supported by HSE paralegal officer, Lucy Gallagher.

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. Further details on the latest HSE news releases is available.
3. Further advice, videos and free resources Work Right Agriculture – Work Right to keep Britain safe

Fife Council has been fined £100,000 for safety breaches following the death of a vulnerable man who choked to death on a sandwich unsuitable for his prescribed diet.

In its role to support the care of those who live in supported living accommodation, Fife Council was responsible for the safe ingestion of food for 66-year-old Brian Millar.

On 4 June 2020, the resident of accommodation in Kirkcaldy was given a sandwich by a carer. Brian could only be given food that was carefully prepared to ensure it was soft and bite-sized.

Brian should also have been closely supervised to ensure his safety while eating.  However, the food was not suitably prepared and he was not closely observed. He choked on the sandwich and died.

At Kirkcaldy Sheriff Court on 23 April 2024, Fife Council, North Street, Glenrothes pleaded guilty to breaching Sections 3(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974. It was fined £100,000 and the Sheriff also directed that a Compensation Order of £50,000 be paid to Brian’s family.

 Speaking after the case, HSE inspector Kerry Cringan said: “It is tragic when a vulnerable person dies in circumstances which were completely avoidable.

“Sadly, it is not uncommon for us to be informed of deaths where people in care choke on high-risk foods that were not suitable for their diet.

“Care providers must be guided by speech and language therapy professionals and then ensure their staff are trained to understand what those recommendations mean.

“They should be aware that we will not hesitate to take appropriate enforcement action against those who fail to train staff in the importance of following modified texture diets.”

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.

An aviation company has been fined £160,000 after a man, described by his family as a “legend”, was crushed to death at London Heathrow Airport during the unloading of baggage containers from an aircraft.

The man was working for Dnata Limited, a provider of ground handling and cargo services to major airlines, at Terminal 3 on 23 February 2022. He had arrived at the stand with a set of trailers to collect baggage containers which were being unloaded from the hold of an Emirates Airbus A380 aircraft which had just arrived from Dubai.

The man moved around one of the trailers and under a type of scissor lift known as a high-loader; a raised platform being used to bring the containers to ground level. At this time the high-loader operator lowered one of its two hydraulically operated platforms, which was holding two further containers to be collected, and it crushed the employee.

A Health and Safety Executive (HSE) investigation found that the operators’ visibility of the area underneath the rear of the platform was almost completely obscured.

However, Dnata did not have any engineering controls installed on its high-loaders, such as sensors, to detect if people were underneath raised platforms before they were lowered, or to stop movement of platforms in these circumstances. It also did not have any mandatory communication systems in place to ensure operators were informed that it was safe for them to lower platforms.

A spindle locking mechanism to secure containers on the baggage trailer being used by the employee was broken at the time of the incident, and it is thought that this prompted him to move to the other side of the trailer to attempt to operate it from that position. Although another employee had reported defects on the trailer more than two weeks before the incident and it should have been removed from service, the defects were not entered into the company’s maintenance system, and it was available for use on the night of the incident without having been repaired.

HSE has guidance on the safe use of lifting equipment. This sets out what businesses should do to comply with the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER).

The wife of the employee said: “My husband absolutely loved work. He called his work colleagues his second family. He used to be so excited to go into work. He used to love making tea for everyone during tea breaks and used to buy tea bags and take them into work especially for that reason.

“The future plans I had with my husband are ruined. After retirement, we were both going to go on religious pilgrimages and also holidays together, go on experiences together, enjoy the time with our children together. Now I face the rest of my life without my best friend and companion.”

His children added: “He was the rock of our whole family. He was such a happy, positive, funny, loving, supportive dad. He had an infectious personality and was loved by many in his community. His presence is greatly missed at family gatherings and events. They are no longer the same. He was a legend.

“We can no longer go to an airport without being reminded that this was a place where our father died. Each of us has had to have counselling to help us to come to terms with and process what has happened, and we were each off work for a long period of time. However, it cannot heal the pain that we feel.”

Dnata Limited, of Dakota House, Poyle Road, Colnbrook, Berkshire pleaded guilty to breaches of Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulations 1998 and Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998. The company was fined £160,000 and ordered to pay £6,494.25 in costs at Westminster Magistrates’ Court on 17 April 2024.

HSE inspector Gordon Carson said: “Although Dnata had identified a risk of employees being crushed by the platforms of high-loaders, the measures it had put in place before this incident occurred failed to ensure that work in close proximity to these machines could be carried out safely. Numerous hazards exist during airport ground handling activities and companies providing these services should ensure their activities comply with UK health and safety legislation.”

This prosecution was brought by HSE enforcement lawyer Rebecca Schwartz and supported by HSE paralegal officer Gabrielle O’Sullivan.

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 based in Kent has been fined £30,000, and its director fined £5,000, after failing to ensure the safe removal of asbestos across two separate sites.

Ironically, the firm in question was trading as ‘Asbestos Gone’.

An investigation by the Health and Safety Executive (HSE) found that DOV Services Ltd, the company behind the Asbestos Gone name, had removed loose fill asbestos insulation, a licensable activity, during the renovation of a retail unit in Redhill in April 2021, despite not holding a licence granted by HSE to do so.

Between 30 March and 7 April 2021, the company also removed asbestos cement sheets from the fascia of a school gymnasium and sports hall in Stanford-le-Hope, Essex. While not licensable work, the company failed to follow a safe system of work for the removal, with little to no control measures in place to protect its own workers, or pupils and staff at the school from exposure to asbestos. Asbestos debris was found on the roofs, on top of the covered walkway around the buildings, and on the floor at the base of the gymnasium and sports hall.

As a result of the poor work, the school had to engage a licenced asbestos contractor to undertake a remedial environmental clean.

HSE has recently updated its guidance on asbestos safety and earlier this year launched its Asbestos: Your Duty campaign that aims to improve understanding of what the legal duty to manage asbestos involves.

At Southwark Crown Court on 16 April DOV Services Ltd of Bradbourne Stables, East Malling, Kent, pleaded guilty of breaching Section 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974 and Regulation 8 of The Control of Asbestos Regulations 2012. The company was fined £30,000 and ordered to pay costs of £7,260.85.

Company Director David Ryce also pleaded guilty to all charges and was fined £5,000 and also ordered to pay costs of £7,260.85.

After the hearing HSE inspector Stephanie Hickford-Smith said: “It’s a sad irony that a company trading under the name of Asbestos Gone could make such a shambles of safely removing such a dangerous substance.

“DOV Services Ltd removed loose fill asbestos insulation, probably the most dangerous asbestos-containing material, from the site in Redhill, without having a licence to do so. It also put children and others, including its own workers and their families, at risk by failing to remove asbestos cement sheets from the school in Stanford-le-Hope under controlled conditions.”

This HSE prosecution was brought by HSE enforcement lawyer Samantha Wells and 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 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 manufacturing company has been fined £120,000 after a worker was killed after becoming trapped between two heavy steel beams.

In May 2019, Steve Rooke, 55, was working in the workshop at Mifflin Construction Ltd in Leominster, Herefordshire. The company manufacture and install steel components for the construction industry.

Steve, who had worked at the company for more than 27 years was using an overhead travelling crane to lift the middle of three beams to position it better on a trolley or ‘bogey’ which ran on rails in the workshop.  The beam he was lifting was 18m long and weighed 1,800Kg.  As it was lifted, it rotated in a sling, toppling sideways and trapping him against another beam causing fatal injuries.

Karen Rooke, Steve’s wife said: “Steve’s death has left a big hole in our lives. How can you move on when something like this has happened?

“It’s changed everything, every plan we had has gone and our future is cancelled.

“He was good at his job, hard-working and conscientious and I still struggle to understand how and why this happened.

“I’ve lost a husband and the girls have lost a loving dad and he’ll have missed out on so many things to look forward to like becoming a grandparent.”

An investigation by the Health and Safety Executive (HSE) found that the company had failed to ensure a suitable and sufficient risk assessment was conducted by a competent person to identify well known industry standard control measures. Suitable and sufficient information, instruction, and training was not provided to employees about lifting operations at the site.  The company did not properly plan lifts and did not have a system for ensuring that there were adequately qualified supervisors present during lifting operations.

Businesses or organisations that undertake lifting operations or are involved in providing lifting equipment for others to use, must manage and control the risks to avoid any injury or damage. HSE has guidance on lifting operations.

At Kidderminster Magistrates’ Court on 4 March, Mifflin Construction Limited of Worcester Road, Leominster, Herefordshire pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. They were fined £120,000 and ordered to pay costs of £50,000.

Speaking after the hearing, HSE inspector Steve Richardson said: “This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We 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 and its director have been fined after an employee was injured from a fall during the construction of eight new houses in Lichfield, Staffordshire.

The man, employed by Alba Construction (Midlands) Limited, had been working in one of the new properties on the former site of The Greyhound Inn on Upper St John Street when he fell through an open stairwell on 27 February 2022.

He fell onto the concrete floor below where he was found unconscious.

A Health and Safety Executive (HSE) investigation found Alba Construction (Midlands) Limited had identified the risk of internal falls in their risk assessment process but failed to provide suitable measures to prevent them in this and other areas of the site. After the incident, three Prohibition Notices were served prohibiting further work at height activities on site until such steps had been taken.

The HSE investigation also found that company director, Bujar Cekrezi, failed to ensure that the necessary health and safety measures were implemented to protect employees and others, despite previous HSE interventions regarding work at height.

Had the company put in place commonplace measures, such as birdcage scaffolding, or fixed edge protection around the stairwell openings, the incident could have been prevented. HSE guidance can be found at: Construction – Working at height industry health & safety (hse.gov.uk)

Alba Construction (Midlands) Limited, of Stoney Lane, Yardley, Birmingham, pleaded guilty to breaching Regulation 6(3) of the Working at Height Regulations 2005. The company was fined £40,000 and ordered to pay £1,857.96 in costs at Kidderminster Magistrates’ Court on 27 February 2024.

Bujar Cekrezi, of Croydon Road, Birmingham, pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc. Act 1974. He was fined £2,000 and ordered to pay £1,857.96 in costs at Kidderminster Magistrates’ Court on 27 February 2024.

HSE inspector Sinead Martin said: “This incident could have been prevented had the company properly planned the work at height and identified and implemented suitable control measures, such as a birdcage scaffolding or fixed edge protection to prevent falls through the open stairwells.

“Falls from height are the number one cause of serious injury and death in the construction industry and the employee was very lucky to have survived this incident.”

This HSE prosecution was brought by HSE enforcement lawyer Nathan Cook and supported by HSE paralegal officer Sarah Thomas.

Notes to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We 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 care home operator has been fined £400,000 for safety breaches, following the death of a vulnerable resident at a care home in Scotland.

On the night of 16 December 2021, Susan Greens, a resident at Springfield Bank Care Home, could not be found on the premises.

Following a search around the site in Bonnyrigg near Edinburgh, care assistants found the 95-year-old in her nightwear lying in an external courtyard.  Mrs Greens had fallen and struck her head in the courtyard where she had been in the cold for some time.

She was admitted to Edinburgh Royal Infirmary and sadly died in hospital two days later.

An investigation by the Health and Safety Executive (HSE) found Mrs Greens died because she was able to access the courtyard while unsupervised and had fallen, spending up to an hour and a half outside before staff came to her aid.

Springfield Bank Care Home is run by HC-One Ltd and is a purpose-built care home offering nursing and nursing dementia care.

Guidance on Health and safety in care homes (hse.gov.uk) is available helping those providing and managing care homes a better understanding of the real risks and how to manage them effectively.

At Edinburgh Sheriff Court on 22 February, care home provider HC-One Limited of Archer Street, Darlington pleaded guilty to breaching Regulations Section 3(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974. They were fined £400,000.

Speaking after the case, HSE inspector Kerry Cringan said: “This error cost a vulnerable old lady her life – families think that their loved ones will be safe in care.

“This was tragic and wholly avoidable. Had the doors been kept locked at night or had there been a system where staff would be told if the doors to the courtyard had been opened, the accident could have been avoided.”

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 recycling company in West Yorkshire has been fined £120,000 after batteries weighing at least 300kg fell onto an employee and severely injured him.

The man was working with two colleagues at Wastecare Limited’s site on North Dean Business Park, Halifax when he was struck by the batteries being recycled on 22 March 2019.

The three workers had been restacking the batteries that were stored in Flexible Intermediate Bulk Containers (FIBCs) after it had toppled over.

However, the FIBCs started to rip in front of them leading to the batteries falling on to one of the workers.

He suffered a double compound fracture to his lower right leg, a fracture to the left tibia, a fractured right collar bone, some bruising to his ribs and a cut on his forehead.

A Health and Safety Executive (HSE) investigation found Wastecare Limited failed to ensure the health, safety, and welfare of its employees at work. The site was overstocked, bags of batteries had been stacked in an unsafe manner and there was no specific documented risk assessments or safe systems of work for the correct stacking and storage of batteries. This was not an isolated incident.

HSE guidance says FIBCs must not be stacked unless the FIBC is designed to be stacked and only then should it be stacked in either a pyramid form or against two walls. Learn more about HSE guidance here: Waste Management: Frequently Asked Questions (hse.gov.uk)

Wastecare Limited, of Normanton Industrial Estate, Normanton, West Yorkshire, pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc Act 1974. The company was fined £120,000 and ordered to pay £4,937.39 in costs at Leeds Magistrates’ Court on 21 February 2024.

HSE inspector Jackie Ferguson commented: “There are specific Industry Standards and Guidance relating to Flexible Intermediate Bulk Containers (FIBCs) which provides users with information on a range of aspects relating to their use including filling, discharging, handling and storage.

“This incident could so easily have been avoided by implementing simple control measures and safe working practices to ensure the batteries were stacked safely and securely. The industry should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

This HSE prosecution was brought by HSE enforcement lawyer Samantha Crockett and supported by HSE paralegal officer Stephen Parkinson.

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.

An engineering firm in Perth has been fined £10,000 after an employee lost two of his fingers.

The worker, employed by Edwards Engineering (Perth) Limited, had been carrying out maintenance work on a grain dryer at East of Scotland Farmers on 28 June 2020.

He inadvertently placed his hand into the blades of an unguarded rotary fan in the grain dryer. The fan was rotating at 1200 revolutions per minute when it came into contact with the worker’s hand.

This led to his little and ring fingers being amputated. He was off work for seven weeks following the incident.

A Health and Safety Executive (HSE) investigation into this incident found Edwards Engineering (Perth) Limited had failed to risk assess the task that the employees were required to undertake. On the day of this incident, there was no risk assessment for the work to be done nor was there any safe working procedure.

It’s important that clear information is given to workers when using machinery. Steps must be taken to prevent access to dangerous parts of machinery. HSE guidance can be found at: Provision and Use of Work Equipment Regulations 1998 (PUWER) (hse.gov.uk).

Edwards Engineering (Perth) Limited, Glenearn Road, Perth pleaded guilty to breaching Regulation 22 of The Provision and Use of Work Equipment Regulations 1998. The company was fined £10,000 at Perth Sheriff Court on 16 February 2024.

HSE principal inspector Fiona MacNeill said: “This incident could so easily have been avoided by simply  following a safe working procedure which would have prevented access to dangerous moving parts.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

Notes to editors

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