Press release

Company and director fined after workers exposed to asbestos

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.

Some of the asbestos containing materials on site

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.

Farming business fined for multiple health and safety risks

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

Council fined after vulnerable man choked to death on food

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.

Aviation company fined after worker death at Heathrow Airport

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.

Company fined £30,000 for unsafe removal of asbestos

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’.

AsbestosGone

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.

Company fined as worker has leg amputated

A company that grows mushrooms has been fined after an employee’s leg became trapped in a machine and was later amputated.

Luka Ilic’s right leg was caught by the rotating blades of a mushroom filling machine and became stuck in the device’s moving parts on 16 October 2019.

He was part of a team of three at Howden Enterprises Ltd, trading under the name Hughes Mushrooms, that were cleaning the machine at the firm’s premises in Holme-on-Spalding-Moor, East Yorkshire.

Filling machine

The then 29-year-old climbed onto the machine, which is used to prepare and fill compost in growing trays, to remove the last remaining parts of the compost.

The machine was then turned on, leading to Mr Ilic’s leg being caught by the rotating blades in the mixing axle and becoming trapped.

His leg was later amputated below the knee at hospital.

A Health and Safety Executive (HSE) investigation into this incident found Howden Enterprises Ltd failed to adequately assess the operation of the filling machine, in particular the cleaning of the machine. The firm failed to ensure there robust isolation and safe operating procedures were in place and followed.

HSE guidance can be found at: Provision and Use of Work Equipment Regulations 1998 (PUWER) (hse.gov.uk)

Howden Enterprises Ltd, of Trew Mount Road, Dungannon, County Tyrone, Northern Ireland, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £73,333.00 and ordered to pay £7,522.60 in costs at Hull and Holderness Magistrates Court on 10 April 2024.

HSE inspector Louise Redgrove said: “The importance of a suitable and sufficient risk assessment which reflects all actual practical activities cannot be underestimated. It is vital to ensure there are effective systems of work and physical controls which are implemented, supervised and used by all those involved.  This incident could have easily been avoided with a robust isolation procedure and padlock for each worker involved.”

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

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.

INEOS fined after employee seriously injured

INEOS has been fined £400,000 after an employee was seriously injured while carrying out a routine task at its chemicals site in Grangemouth, Scotland.

The worker, 47, was attempting to clear a sump that contained a caustic solution on 25 November 2019. However, he fell into the sump due to inadequate grating and sustained severe burn injuries.

The sump had needed emptying as its contents had reached the high-level design threshold the day before on 24 November.

After laying out various hoses in preparation of emptying the sump, the worker then entered the sump area.

Photo of sump with grating in place taken shortly after the incident

While in the sump area, the worker stepped onto the corner of the grating with his right leg.

The grating however gave way, with the worker’s right leg falling into the sump and becoming saturated with the caustic solution. He was submerged in the solution for three seconds before pulling himself out of the sump and was later treated at the burns unit at St John’s Hospital in Livingston.

The man sustained permanent scarring to his right leg and was in pain for four weeks following the incident before returning to work in the December.

A Health and Safety Executive (HSE) investigation into this incident found INEOS had failed to undertake a risk assessment of the work involved. There was also no safe system of work in place. The grating was not secured and there were no barriers in place to prevent a fall into the sump.

 

Ejector pump and hoses were placed in the sump area prior to the incident

HSE guidance on risk assessments states employers, or an appointed competent person, must identify hazards before work takes place, before assessing and controlling the risks involved. Findings should then be recorded, with employers then urged to review the control measures they have implemented to ensure they are working. More on this can be found at:  Managing risks and risk assessment at work – Overview -HSE

INEOS Chemicals Grangemouth Limited, of Chapel Lane, Lyndhurst, Hampshire, pleaded guilty to an offence under Section 2(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974. The company was fined £400,000 at Falkirk Sheriff Court on 8 March 2024.

HSE inspector Lindsey Stein said: “The duties on employers to undertake a suitable and sufficient assessment of risks and to provide a safe system of work are absolute within health and safety legislation and well understood.  The dangerous properties of caustic are widely known and this incident could so easily have been avoided with the implementation of straightforward control measures identified through assessment.”

Debbie Carroll, who leads on health and safety investigations for the Crown Office and Procurator Fiscal Service (COPFS), said: “This accident could have been avoided had the risks been recognised and appropriate systems of work put in place in ensuring workers were protected from harm when working in this area.

“Ineos Chemicals Grangemouth Limited’s failure to assess the risks posed resulted in the severe injury and permanent disfigurement of one of their workers.

“This prosecution should remind duty holders that a failure to manage and implement effective measures can have serious consequences and they will be held accountable for this failure.”

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.

Metal recycling company fined £200,000 after employee’s arm severed

A scrap metal recycling company in Essex has been fined £200,000 after an employee’s arm was severed when it became entangled in a catalytic converter sampling machine.

Elena Troia was working for F.J. Church and Sons Ltd at its recycling facility in Rainham, Essex, on 12 June 2021 when she passed her hand through an unguarded rotary valve to remove a blockage.

The valve closed, trapping and severing the 34-year-old’s right arm. Ms Troia’s right arm was later amputated as a result of the incident and she has been unable to work since.

An investigation by the Health and Safety Executive (HSE) found that F.J. Church and Sons failed to prevent access to dangerous parts of machinery, namely the rotating parts of a rotary valve inside the sampling machine.

HSE guidance states employers must take effective measures to prevent access to dangerous parts of machinery. This will normally be by fixed guarding but where routine access is needed, interlocked guards (sometimes with guard locking) may be needed to stop the movement of dangerous parts before a person can reach the danger zone. Further guidance can be found here: Provision and Use of Work Equipment Regulations 1998 (PUWER) (hse.gov.uk)

F.J. Church and Sons Ltd, of Centenary Works, Manor Way, Rainham, Essex, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998. The company was fined £200,000 and ordered to pay £5,125.37 in costs at Stratford Magistrates’ Court on 5 March 2024.

HSE inspector Marcus Pope said: “Every year, a significant proportion of accidents, many of them serious and sometimes fatal, occur as a result of poorly guarded work equipment. In this case this was a wholly avoidable incident, caused by the failure to guard dangerous parts. Had the company added suitable guarding to the outlet of the machine, this life-changing injury would not have occurred.”

This HSE prosecution was brought by HSE enforcement lawyer Jon Mack and 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. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.

Manufacturing company fined after worker fatally crushed

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.

Company fined after delivery driver suffers brain injury

A company has been fined £380,000 after a delivery driver fell and suffered a traumatic brain injury while working at its site in Walsall.

Timothy Bates was delivering fuel for a temporary diesel generator at Haldane Fisher Limited’s timber processing site on Long Street when he fell from a trailer on 28 July 2022.

Mr Bates, who is from Stafford, had been stowing equipment in a trailer attached to his truck when the vehicle was struck by a forklift truck reversing out of a nearby mill. This led to the trailer shunting into Mr Bates, with the 57-year-old then falling over and hitting his head onto the tarmac floor below.

He spent five weeks in hospital after sustaining a traumatic brain injury before spending 13 weeks in a care facility where he undertook CBT. He suffers from memory loss and dizziness as a result of his brain injury.

Mr Bates had been delivering fuel for Haldane Fisher Limited’s temporary diesel generator (pictured)

A Health and Safety Executive (HSE) investigation found Haldane Fisher Limited, trading as GE Robinson, failed to identify safe systems of work for the delivery of fuel to the temporary generators at its site. There was inadequate segregation of vehicles and pedestrians in the yard. There were no measures in place to prevent forklift trucks from entering the areas in which delivery drivers were working whilst refuelling generators.

The company understood the risks associated with workplace transport, as control measures had been identified for separating pedestrians and vehicles, but these had not been implemented. Site rules had been identified but were not routinely implemented or monitored by the company.

Every workplace must be safe for the people and vehicles using it and traffic routes must be suitable for the people and vehicles using them. HSE has guidance on workplace transport with advice on keeping traffic routes safe and separating people from vehicles.

Haldane Fisher Limited, of Shepherds Way, Carnbane Industrial Estate, Newry, Northern Ireland, pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £380,000 and ordered to pay £5,934.50 in costs at Birmingham Magistrates’ Court on 1 March 2024.

HSE inspector Heather Campbell said: “This case highlights the dangers arising from inadequate management of workplace transport. It also highlights the requirements to ensure the safety of non-employees including contractors at employer’s sites.”

This prosecution was brought by HSE enforcement lawyer Samantha Wells 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.