Press release

Shell UK fined £560,000 following major hydrocarbon release

A large offshore oil and gas company has been sentenced and fined £560,000 after failing to properly maintain pipework for seven years.

Pipework on Shell UK’s Brent Charlie platform in the North Sea deteriorated to such an extent that contained hydrocarbon fluids escaped, forming a potentially catastrophic explosive and flammable mixture that could have ignited.

In addition to the release, ventilation fans designed to prevent, control or mitigate the effects of escaped hydrocarbon gas did not function properly as they were also not suitably maintained. This led to a large release of mixed phase crude oil and gas from the corroded pipework. The probability of ignition was assessed to be less than 1%. 

Aberdeen Sheriff Court heard on Tuesday 25 November 2025 how, on 19 May 2017, there was an uncontrolled hydrocarbon release incident from a Return Oil Line (ROL) pipework inside concrete leg Column 4 of the Brent Charlie offshore installation. The release involved 200kg of gas and 1,550kg of crude oil – the largest uncontrolled hydrocarbon release on the UK Continental Shelf reported to HSE in 2017.

The release placed over 170 platform personnel at risk from a potentially catastrophic fire and explosion had the escaping hydrocarbon gas ignited inside the concrete leg.

HSE noted that the platform manager, and the various emergency teams, deserve praise for their decision making and actions taken that assisted with preventing the incident from escalating. Their sound judgement and decision making ensured the situation was eventually brought under control.

An HSE investigation found that deficiencies in Shell’s safety management system led to the release. The ROL pipework in Column 4 was not properly maintained for several years. The pipework was installed for short-term use and was due to be removed in 2010 but remained in place for seven years, during which time it suffered corrosion damage. It failed on 19 May 2017 and a large volume of gas was uncontrollably released into the leg. Ventilation extract and supply fans designed to prevent and mitigate this major accident hazard were also inadequately maintained, which exacerbated the risk to the 176 people on the platform.

HSE were involved in the production of the Energy Institute’s Guidance for corrosion management in oil and gas production and processing, as well as several other topic-specific documents. Extensive guidance and resources for the oil and gas industry are available on HSE’s website here Offshore oil and gas – HSE.

Spool with the corrosion failure identified.

Shell UK Limited pleaded guilty to two charges under the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 (PFEER). Sheriff Ian Duguid, in his sentencing remarks, observed that Shell UK “ought to have recognised that the temporary carbon steel spool was not suitable for such a line and should have been replaced.” After considering mitigating factors, Shell was fined £560,000.

Speaking after the hearing, HSE Offshore Health and Safety Inspector Dozie Azubike said: “At more than 1,750kg, Shell Brent Charlie’s hydrocarbon release was the largest reported to HSE in 2017. This release occurred in a confined space with limited access – it is simply fortunate that no one was in the leg at the time, or they could have been asphyxiated from the hydrocarbon-rich atmosphere, quite apart from any fire and explosion risk.

“Although the offshore industry has managed to reduce its overall number of hydrocarbon releases, in most years there are still several which, if ignited, would result in potentially catastrophic consequences.

“This case highlights the importance of oil and gas dutyholders reviewing their current management of change processes for temporary spools and their subsequent removal, strengthening inspection regimes to identify potential internal corrosion within pipework, and ensuring that inspection frequency of safety-critical equipment considers full analysis of the equipment’s maintenance history.”

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 Offshore oil and gas – 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.

 

 

 

Manufacturing company fined £600k after fatal workplace incident

A global manufacturing company has been fined £600,000 after an employee suffered fatal injuries following an incident at the premises in Airedale Mills, Gargrave, Craven.

On 21st September 2020 Tony Snowden, 56, was fatally injured when a pallet that was stacked on top of another pallet fell trapping him between the pallet and a ledge on a wall behind him.

The loaded pallet in total weighed 592kg and other employees in the area had to ‘unload’ the pallet as it was too heavy for them to lift in order to remove it from Mr Snowden. Sadly, when the pallet was removed Mr Snowden had died from his injuries.

A HSE investigation found the company failed to conduct risk assessments considering load, height, weight and stability. The company stored three-legged pallets without racking systems, stacking them on top of each other at floor level. The investigation concluded these pallets should never have been stacked vertically.

Image of warehouse
RMS area – where the incident happened

Although the company had a “Procedure for Pallet Handling Policy” not all employees working in the RMS area had been trained on it. No evidence was found that Mr Snowden had been trained on the procedure.

Systagenix Wound Management Manufacturing Limited t/a Scapa Healthcare Limited of 997 Manchester Road, Ashton Under Lyne, pleaded guilty to a single charge of breaching section 2(1) of the Health and Safety at Work etc. Act 1974.

The court was told that the main failings of the company were:

The company was fined £600,000 and ordered to pay £15,000 in costs at Leeds Magistrates’ Court on 12 November 2025.

Further information is available in HSE’s Guidance ‘Pallet Safety’ – PM15 Pallet safety – HSE.

Following the hearing, HSE Inspector Kirsty Storer-Cottrell said:

“This tragic incident could have been easily prevented had a suitable and sufficient risk assessment taken place and the actions identified implemented. Training, monitoring and supervision along with risk control measures, including not double stacking these pallets, would have prevented a fatality happening.”

This prosecution was brought by HSE Enforcement Lawyer Jonathan Bambro and Paralegal Officer Rebecca Withell.

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We 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: http://press.hse.gov.uk
  4. HSE guidance and information on Pallet safety is available here: Pallet safety – HSE

Haulage company fined £250,000 following death of employee

A Middlesbrough road haulage company has been fined £250,000 after a man died while working inside a shipping container.

Gary Lee James, 30 was working for Ward Bros (Malton) Ltd at its yard at South Bank, in the early hours of 8 January 2019, when he suffered a fatal injury.

Mr James and a colleague had been standing up metal frames, each weighing approximately 120kg, within a shipping container, part of what is known as a “devanning” activity.

As the two men lifted the sixth frame, the fifth one fell back towards them, followed by the four others. Mr James was pinned by the neck between the container wall and the fallen frames. Although he was transported to James Cook University Hospital after suffering a cardiac arrest, he was sadly pronounced dead three days later.

An investigation by the Health and Safety Executive (HSE) found the frames had not been secured to the container wall. It found that Ward Bros (Malton) Ltd failed to ensure, so far is reasonably practicable, the health, safety and welfare of its employees, including Gary James, at work in connection with the devanning of containers.

Despite the company having never undertaken devanning work before, it failed to create a suitable and sufficient written risk assessment. There was no clear and properly planned safe system of work for its employees.

Instead, the company embarked upon an ad-hoc and ultimately unsafe system of work, which was not effectively communicated to the employees who were left largely unsupervised to determine their own methods of devanning the containers.

HSE guidance states that employers must identify hazards, assess risk, and take action to eliminate or control those risks. Employers are not expected to eliminate all risks but they need to do everything ‘reasonably practicable’ to protect people from harm. This means balancing the level of risk against the measures needed to control the real risk in terms of money, time or trouble. Further guidance can be found here: https://www.hse.gov.uk/simple-health-safety/risk/steps-needed-to-manage-risk.htm

Ward Bros (Malton) Ltd, of Dormor Way, South Bank, Middlesbrough, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £250,000 with costs to be determined at a later date at Teesside Crown Court on 31 October 2025.

HSE Inspector Joy Craighead said: “This was a tragic and preventable incident, that cost a young man his life.

“Every year, a significant proportion of accidents, many of them serious and sometimes fatal, occur as a result of poorly planned work activity.

“In this case there was a complete failure to risk assess and implement control measures. Had the company done so, Mr James would still be alive.”

This HSE prosecution was brought by HSE enforcement lawyer Jonathan Bambro and law clerk Rebecca Forman.

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: https://www.hse.gov.uk/simple-health-safety/risk/steps-needed-to-manage-risk.htm
  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 after worker fell from barn roof

·       Man fell from height while installing roof sheeting to barn.

·       Work at height was not properly planned.

·       HSE has guidance on working at height.

A construction company has been fined after a worker fell from the roof of a partially constructed barn in Shropshire.

The man had been appointed by Dewi Williams Limited to complete the installation of roof sheets onto a barn that was under construction at a site in Oswestry.

On 2 September 2023, he was stood on a roof sheet that he had recently installed, attempting to put the next one in place, when he fell to the ground below. His fall resulted in significant injuries, including fractures to his ribs and skull.

Partially constructed barn in Shropshire worker fell from

An investigation by the Health and Safety Executive (HSE) found that Dewi Williams Limited failed to properly plan the work and to put in place measures to prevent or protect against a fall from height. Furthermore, company director Dewi Williams was directly involved in the work and had allowed it to be carried out in an unsafe manner.

Working at height remains one of the leading causes of workplace injury and death and HSE has detailed guidance on working safely at height. The Work at Height Regulations 2005 require work at height activities to be properly planned, appropriately supervised, and carried out safely.

Dewi Williams Limited of the Lowlands, Crickheathe, Oswestry, Shropshire, pleaded guilty to breaches of Regulations 4(1) and 6(3) of the Work at Height Regulations 2005 and was fined £15,000 and ordered to pay costs of £2,000.

Partially constructed barn in Shropshire worker fell from

Dewi Williams of the Lowlands, Crickheathe, Oswestry, Shropshire, SY10 8BS, pleaded guilty to the same breaches by virtue of Section 37 of the Health and Safety at Work etc. Act 1974. He was given a 12-month conditional discharge and ordered to pay £1,000 in costs.

HSE Inspector Sara Andrews said: “This case emphasises the importance of properly assessing the risks associated with all work at height activities.

“Suitable control measures should be implemented to minimise the risk of workers falling and suffering injury.

“Had this work been properly planned, and suitable work equipment provided, this incident would not have happened.

The HSE prosecution was brought by HSE enforcement lawyer Matthew Reynolds and paralegal officer Sarah Thomas.

Further information:

1.    The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.

2.    More information about the legislation referred to in this case is available.

3.    Further details on the latest HSE news releases is available.

4.    Relevant guidance can be found here Working at height: A brief guide.

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.

Worcester waste company fined after worker suffers life-changing crush injuries

A Worcester-based waste and recycling company has been fined £160,000 after a loading shovel bucket fell onto a maintenance worker.

Blackpole Recycling Limited was prosecuted by the Health and Safety Executive (HSE) following the incident at its site on Blackpole Trading Estate West in Worcester.

Mr Andrew Taylor, a father of two from Worcester, was fixing a hydraulic leak on the loading shovel when the vehicle’s bucket fell on him. He was airlifted to hospital where he required three operations. His crush injuries included fractures to his ribs, leg, foot and pelvis, which was shattered into three pieces.

Photograph of loading shovel

Speaking about the incident, Mr Taylor said: “I remember being in the emergency room with 15 doctors and nurses, and my wife. The nurse told me not to worry but I was worried about the here and now. Prior to the accident I used to go to the gym and go running, but since the accident I can’t even get up the stairs.”

HSE’s investigation found that Blackpole Recycling Limited had failed to undertake a risk assessment for the maintenance activity and had not devised a safe system of work. The company also failed to provide adequate information, instruction and training to Mr Taylor.

Blackpole Recycling Limited, of Thorneloe House, 25 Barbourne Road, Worcester, Worcestershire, England, WR1 1RU, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. The company wase fined £160,000 and ordered to pay £7,049 in costs and a victims surcharge of £2,000 at a hearing at Kidderminster Magistrates’ Court on 30 September 2025.

HSE Inspector Charlie Rowe, who led the investigation, said: “This incident could and should have been prevented. Had a safe system of work been in place, Mr Taylor would not have sustained these serious, life-changing injuries.

“The absence of an appropriate risk assessment, method statement, training and supervision for this maintenance task created a scenario where someone could easily have been killed.

“Employers must ensure, so far as reasonably practicable, the safety of their employees. Where they fail to do so, HSE will not hesitate to take appropriate enforcement action.”

The prosecution was brought by HSE enforcement lawyer Matthew Reynolds 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 can be found here.

TATA Steel fined £1.5 million after father-of-three crushed to death at Port Talbot plant

Tata Steel has been fined £1.5 million following the death of a contractor at its Port Talbot steelworks plant.

Justin Day’s family learnt of his death while they were waiting for him at his youngest son’s school rugby match.

Justin and Zoe Day

The much-loved father-of-three and grandfather was working at the steel manufacturer’s site in South Wales when he was crushed to death by a piece of machinery on 25 September 2019.

Maintenance work to replace a lift cylinder on a large conveyor system had been completed earlier that day, and the system was in the process of being put back into service when a hydraulic leak was found. A radio call was sent out for Justin, 44, to resolve the issue at about 2pm.

Although power was isolated to part of the system, other sections remained live. As staff worked on the lower level to fix the leak, Justin returned to the floor above and climbed into the conveyor system. His presence triggered sensors that activated a moving beam in a live section, fatally injuring him. He was sadly pronounced dead at the scene.

Tata Steel failed to ensure the conveyor system was properly isolated and guarded. The company did not take sufficient steps to manage the safety of the ongoing work.

The Health and Safety Executive (HSE) investigated Justin’s death and brought a prosecution against Tata for what an inspector described as “basic” health and safety failures.

At the time Tata’s Port Talbot plant was the largest steelworks in the UK. Earlier this month, construction started on Tata’s electric arc furnace (EAF) at the same site.

Justin Day’s family had been waiting for him at the rugby field that afternoon, ready to watch his youngest son play in a school match. But instead, they received a devastating phone call telling them he had been involved in an accident. Just an hour later, they learned he had been killed.

Zoe and Justin’s two boys playing rugby. Right: Korey, Justin’s eldest son Left: Kaylan, Justin’s youngest son

Justin would have turned 50 this year. His wife Zoe Day said rugby was his passion, and that when his sons played, he was their “biggest fan”. She “never imagined” to be given the news of the incident while waiting for him to arrive pitch side.

“Since losing Justin I am not the same person I was,” she said. “I have struggled since that day – mentally, I am lost and don’t know where I’m going with life. It’s shattered my whole world.

“We were together for 23 years and did everything together. I can’t put into words how much this has affected me. I am a shadow of my former self and from the day of the incident, my world fell apart.”

The HSE investigation into the incident found Tata Steel failed to ensure the work to replace the lift cylinder was done safely. After the job was completed, the company also failed to properly isolate the conveyor system before Justin returned to address the leak.

Tata Steel also failed to ensure the conveyor system was effectively guarded to prevent access to dangerous moving parts of the machinery.

Tata Steel (UK) Ltd, of Grosvenor Place, London, pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £1.5 million and ordered to pay £26,318.67 in costs at Swansea Crown Court on 31st July 2025.

HSE inspector Gethyn Jones said: “Justin Day’s death could so easily have been prevented. A much-loved family man is not here because of failures in health and safety basics.

“Employers have a responsibility to make sure sufficient procedures are in place to protect workers – both employees and contractors – and that those procedures are understood and followed.

“The dangers of moving machinery are well known. Sufficient risk assessments must be carried out and access to dangerous areas must be properly guarded and controlled.

“This has been a long and thorough investigation, and we believe this is the right outcome. It is clear that Justin’s death has had a devastating impact on his family, his friends and the wider community. Our thoughts remain with them.”

HSE guidance on the safe use of work equipment is available on our website: Safe use of work equipment – HSE

This prosecution was brought by senior enforcement lawyer Jon Mack at HSE.

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. Prosecution counsel, Nuhu Gobir, told the court that Tata Steel UK has 10 previous convictions for 17 health and safety offences.

Farmer fined following death of worker

A Gloucestershire farmer has been fined after the shepherdess he employed was killed in a quad bike crash.

Laura Simmons, was working alone on 2nd June 2023, spraying weed killer along fence lines, using the all-terrain vehicle (ATV) at a farm in Charlton Abbots near Cheltenham.

The overloaded quad bike overturned. The 22-year-old was found by a jogger several hours later.

Laura, described by her mother as “lively, caring and adventurous,” died from fatal spine injuries. An investigation by the Health and Safety Executive (HSE) found the ATV overturned due to an overloaded front rack, uneven tyre pressure, unstable load from lack of baffles in the spray tank and the potential for the spray lance to be used during movement.

Laura, described by her mother as “lively, caring and adventurous”

Toby Baxter failed to provide suitable equipment, ensure pre-use checks were conducted, implement a system to fill the spray tank, formally train his employees and properly assess the risks.

Laura’s mother paid tribute to her daughter from Shetland, saying: “She was a lively person who loved animals, was very caring, was a hard worker, was plucky, intelligent, practical, adventurous and she had a beautiful smile.”

HSE guidelines emphasise that safety checks for ATVs must include checking tyre pressures, which are crucial for vehicle stability. Even a small 1 psi difference can cause dangerous control problems. Proper ATV operation requires appropriate training, suitable helmets, and careful route planning. The risk of overturn is significantly higher when carrying loads that destabilise the vehicle, especially on uneven terrain or slopes as these conditions require reduced loads and increased caution.

Guidance on safe use of all-terrain vehicles (ATVs) in agriculture and forestry can be found on HSE website.

Toby Baxter, of Chedworth pleaded guilty to breaching regulation 2(1) and 3(1) of the Health and Safety At Work Act 1974. He was fined £1,000 and ordered to pay £6161.72 costs at a hearing at Cheltenham Magistrates Court on 29th April 2025.

After the hearing, HSE inspector Emily O’Neill said: “This was a tragic incident, and a much-loved young woman has lost her life. It could have easily been avoided with the right controls in place.

“We found several failures, so Mr Baxter’s previous suggestion that Laura was a victim of ‘unfortunate circumstances’ is, frankly, offensive.

“This prosecution highlights ongoing safety concerns in the agricultural sector, which remains one of Britain’s most dangerous industries for workers. Proper equipment, training and risk assessment are essential to protect workers.”

The prosecution was brought by HSE enforcement lawyer Arfaq Nabi and supported by paralegal officer Rebecca Foreman.

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. Guidance on safe use of all-terrain vehicles (ATVs) in agriculture and forestry can be found here.

 

 

 

Builder sentenced for unlicensed asbestos removal

A builder has been fined after carrying out unlicensed asbestos removal work at a house in Cheadle, Manchester.

Gavin Mutch, trading as G Mutch Developments, had been contracted to carry out renovations at the property including roofing work. Despite being warned by the customer that asbestos was potentially present in the fascia boards, Mr Mutch proceeded to remove the asbestos-containing materials on 8 September 2022.

An investigation by the Health and Safety Executive (HSE) found  Mr Mutch had carried out unlicensed and therefore illegal asbestos removal work. This type of work should only be undertaken by a licensed asbestos contractor with appropriate safety controls in place.

Mr Mutch, of Cheadle Hulme, pleaded guilty to breaching Regulations 3(2) of the Health and Safety at Work Act 1974 at Manchester Magistrates Court on 8 April 2025. He was sentenced to a 12 month Community Order with 180 hours Unpaid Work and ordered to pay £2000 in costs.

This case highlights the importance of HSE’s current “Asbestos and You” campaign, which reminds tradespeople about the dangers of asbestos and the importance of working safely with it.

Asbestos can be present in buildings constructed before 2000 and can cause serious diseases when disturbed. Workers in trades such as construction, maintenance, demolition and installation are particularly at risk.

The regulator also provides comprehensive guidance for workers and employers about working safely with asbestos on its website. This includes information on how to identify asbestos, what to do if you find it, and the appropriate safety measures needed when working with or around asbestos-containing materials. This guidance is available on the HSE website.

HSE inspector David Norton said: “This case demonstrates why our ‘Asbestos and You’ campaign is so vital. At HSE, we want to raise awareness across the industry about the importance of having suitable control measures in place when working with asbestos-containing materials. Licensed work requires specific training, equipment and practices to ensure safety.”

The prosecution was supported by HSE enforcement lawyer Samantha Crockett  and paralegal officer Rebecca Withell.

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE’s campaign “Asbestos and You” reminds tradespeople about the dangers of asbestos and the importance of working safely with it. Asbestos can be found in buildings built before 2000 and is still the biggest workplace killer in Britain, causing around 5,000 deaths every year. When disturbed, asbestos releases tiny fibres that can cause fatal lung diseases and cancers. More information can be found at: Asbestos & You – Work Right to keep Britain safe
  5. Guidance on working safely with asbestos-containing materials can be found at: Asbestos – HSE

Contractor sentenced after uncontrolled spread of asbestos

A self-employed roofing contractor has been ordered to undertake unpaid work after the uncontrolled spread of asbestos in a back garden, putting two young workers and local residents at risk.

Doorbell-cam footage shows parts of an old garage roof being disposed of with a lack of control measures.

The footage has been released by the Health and Safety Executive (HSE) at the start of Global Asbestos Awareness Week today, Tuesday 1 April, to highlight the dangers.

Stephen Wilks, trading as S Wilks Roofing, pleaded guilty to breaching asbestos safety regulations after work carried out under his control led to the contamination of a residential area with asbestos-containing materials.

The court heard how Mr Wilks had been commissioned by a property management company to replace asbestos cement roof sheets on three garages off Green Walk in Bowden, Altrincham in February 2022.

HSE began an investigation after a local resident raised concerns about debris that had fallen into their garden during the work. Analysis confirmed the debris contained chrysotile asbestos.

HSE inspectors discovered ripped bags of asbestos waste stored in a publicly accessible area in front of the garages, with asbestos-containing materials spilling onto the ground and contaminating nearby undergrowth. Further investigation revealed that residents’ personal belongings stored in the garages had also been contaminated.

The footage below shows two workers under the supervision of Mr Wilks  improperly clearing asbestos debris from a neighbouring garden and disposing of it in domestic waste bins, highlighting the unsafe practices that led to this prosecution.

HSE’s campaign “Asbestos and You” reminds tradespeople about the dangers of asbestos and the importance of working safely with it.

The regulator also provides comprehensive guidance for workers and employers about working safely with asbestos on its website. This includes information on how to identify asbestos, what to do if you find it, and the appropriate safety measures needed when working with or around asbestos-containing materials. Workers in trades such as construction, maintenance, demolition and installation are particularly at risk and should ensure they have appropriate training before starting work that might disturb asbestos. This guidance is available on the HSE website.

The property management company subsequently arranged for a licensed asbestos removal contractor to safely collect the waste and thoroughly clean the affected areas.

Mr Wilks pleaded guilty to breaching Regulation 11(1) and Regulation 16 of The Control of Asbestos Regulations 2012, which require proper planning and precautions to prevent exposure to and spread of asbestos during non-licensed work. He was sentenced to a 12 month Community Order with 200 hours of unpaid work and was ordered to pay £3582.13 costs at a hearing at Ashton-Under-Lyne Magistrates Court on 28 March 2025.

HSE Inspector Phil Redman said: “This was a serious incident that put Mr Wilks, those working under his control, and members of the public, at risk from the potential harmful effects of being exposed to asbestos-containing materials. Duty holders are reminded to ensure they fully control the risks associated with the removal of asbestos-containing materials that do not require removal by a licensed asbestos removal contractor.”

The prosecution was supported by HSE enforcement lawyer Kate Harney and paralegal officer Rebecca Withell.

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE’s campaign “Asbestos and You” reminds tradespeople about the dangers of asbestos and the importance of working safely with it. Asbestos can be found in buildings built before 2000 and is still the biggest workplace killer in Britain, causing around 5,000 deaths every year. When disturbed, asbestos releases tiny fibres that can cause fatal lung diseases and cancers. More information can be found at: Asbestos & You – Work Right to keep Britain safe
  5. Guidance on working safely with asbestos-containing materials can be found at: Asbestos – HSE

 

Brothers fined for failing to protect public from cattle

Two brothers have been sentenced for failing to protect members of the public from their cattle.

An investigation by the Health and Safety Executive (HSE) found Andrew and David Turnbull failed to offer and display signs of an alternative route to a public right of way in their field in the Coalsgarth Valley, North Yorkshire.

HSE prosecuted the pair following the death of former teacher David Clark, who was killed by a herd of cows while crossing the right of way on 21 September 2020.

The 59-year-old had been running with his two dogs when he was surrounded by a numbers of cows, and then struck to the ground.

Witnesses reported that one of the cows then turned back and ran towards Mr Clark, causing a fatal blow to his chest.

The father-of-three was pronounced dead at the scene by paramedics.

HSE guidance suggests a number of reasonably practicable ways that farmers, landowners and other livestock keepers should follow to control the hazards for walkers when keeping cattle in fields where the public have access.

These all start through properly assessing the risks posed by cattle to users of public footpaths and implementing suitable protective and preventative measures to minimise those risks so far as is reasonably practicable. Further guidance can be found here.

Members of the public can find out about steps to safely enjoy the countryside and respect farming activities by following Government advice in The Countryside Code – GOV.UK (www.gov.uk).

Advice includes:

David and Andrew Turnbull, both of Low Gingerfield Farm, Richmond, North Yorkshire, both pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974.

At Teesside Crown Court on 3 March 2025:

HSE inspector Elliot Archer said: “Andrew and David Turnbull failed to do all that was reasonably practicable to prevent members of the public being put at risk by their cattle. Farmers, landowners and other livestock keepers need to be aware of the risk their cattle pose to members of the public and take suitable protective and preventative measures to mitigate that risk.”

This prosecution was brought by HSE enforcement lawyer Iain Jordan and supported by HSE paralegal officer Rebecca Withell.

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 in England and Wales can be found here and for those in Scotland here.