Builder avoids immediate prison sentence after failing to protect workers
A builder has been given a suspended prison sentence after he put the lives of workers at risk on a construction site in London.
David Beadle, trading as Beadle the Builders, failed to comply with a prohibition notice issued by the Health and Safety Executive (HSE) in relation to unsafe working at height at the site on Woodyates Road in South East London.
Falls from height remain the leading cause of death within the construction industry and HSE has published guidance about how these incidents can be avoided.
The scaffold was a potentially dangerous structure at risk of collapse and in breach of the HSE prohibition notice.
A proactive investigation by HSE found Beadle allowed workers under his control on at least three occasions to continue using a scaffold which was not properly constructed. It was a potentially dangerous structure at risk of collapse and in breach of the prohibition notice.
Sixty-three-year-old Beadle also failed to ensure that suitable and sufficient measures were in place to prevent workers falling a distance that would have caused personal injury. No edge protection had been installed to the side of the roof, the flat dormer roof, the front elevation of the roof, and safe access was not provided.
He was given a 26-week custodial sentence, suspended for 12 months and was told to complete 150 hours of unpaid work.
Beadle of Rochester Way, London, pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulation 2005 and 33(1)(g) of the Health and Safety at Work etc. Act 1974. He was also ordered to pay £6,043 in costs at the hearing at Bexley Magistrates Court on 7 August 2024.
HSE Inspector Emma Bitz said “We will not hesitate to take appropriate enforcement action against those who fail to do all that they can to keep workers safe.
“The risks from working at height are well known, as are the control measures required to reduce those risks.
“Falls from height remain the largest cause of workplace deaths in the construction industry.”
This prosecution was brought by HSE enforcement lawyer Chloe Ward and supported by HSE paralegal officer Rebecca Forman.
Notes to editors:
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.
More information about the legislation referred to in this case is available.
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.
It has been a busy start to the summer for HSE with many prosecutions throughout June and July.
Here are TEN prosecution cases you might have missed during that time:
Tata Chemicals fined following young father’s death
On 5 June, Tata Chemicals Europe Limited was fined more than £1 million at Chester Crown Court.
The case was brought against the firm following the death of a young father who died while erecting a scaffold tower in a chemical plant in Northwich.
Michael Densmore, from Halewood in Merseyside, died following complications to the wound he sustained after his right foot slipped into a trough containing a liquid chemical calcium hydroxide – more commonly known as ‘milk of lime’ – causing chemical and thermal burns.
Michael alongside his sons Billy and Mikey
The 37-year-old father-of-four was one of a number of scaffolders employed by Altrad NSG to erect scaffolding at Tata’s Lostock Hall site.
On 30 November 2016, during the course of this work, Mr Densmore stepped over a trough which contained milk of lime – which had been heated to approximately 90 degrees centigrade. His right foot slipped on an unfastened lid covering the trough, resulting in him sustaining chemical and thermal burns to his foot and ankle.
Telecommunications giant Openreach was given a £1.34 million fine after an engineer died while trying to repair a telephone line in Wales.
Alun Owen, from Bethesda, died after he slipped and fell into the River Aber in Abergwyngregyn and was swept away on 6 October 2020.
A joint investigation by HSE and North Wales Police found that a number of Openreach engineers had been attempting to repair the telephone lines, which ran across the river, over a period of two months. They had been working both near and in the river. At the time of the incident, there had been flooding in the area which meant the river was much higher and faster flowing than usual.
Alun Owen
Mr Owen, 32, entered the water and made his way to an island in the middle of the river in order to try and throw a new telephone cable across to the other side by taping it to a hammer and then throwing the hammer. As he attempted to cross the remaining section of the river, he slipped in a deeper part and the force of the river swept him away.
He was described by his family as a ‘loving and selfless character’.
Construction company fined £2.345m after worker drowned in river
Construction company BAM Nuttall Ltd was fined following the death of worker Gary Webster, who lost his life two days after drowning in the River Aire on 30 October 2017.
Mr Webster and another worker had been on a boat removing debris at the bottom of the weir gates at Knostrop Weir when it capsized. The boat had been pulled into turbulent water, caused by the considerable flow of water flowing over the top of the weir.
The 60-year-old was repeatedly pulled under the water and was eventually recovered by a diver 14 minutes later. The other worker managed to swim to safety.
Mr Webster was pronounced dead on 1 November 2017 at Leeds General Infirmary.
Housing company fined after worker killed by concrete blocks
On 19 June, Avant Homes (Scotland) Ltd was fined more than £300,000 after a driver was crushed to death by falling concrete blocks at a construction site in South Lanarkshire.
Conor Joseph Morgan had been delivering materials to Shott Farm in High Blantrye, a construction site being operated by the firm, when the incident happened on 19 April 2017.
The 45-year-old, who was employed as a HGV driver for Regen Waste Limited, was crushed as the concrete blocks were being unloaded from the articulated flatbed trailer using an excavator with pallet fork attachment. However, the length of the pallet forks fitted to the excavator exceeded the width of the pallet being unloaded.
As the pallet was being lifted the forks caught a second pallet of concrete blocks causing them to topple from the edge of the trailer and onto Mr Morgan.
Livestock auctioneers fined after man, 75, killed by cow
Llanelli Magistrates fined the operators of a livestock market on 20 June after a cow being auctioned managed to escape and kill a pensioner.
Father-of-two Huw Evans was knocked down and trampled by the cow in the Welsh town of Whitland on 19 November 2022.
Huw Evans
A worker at J.J. Morris Limited was also injured in an unsuccessful attempt to capture the cow, which later ran towards Whitland Rugby Club and a railway line before being captured and put down by Dyfed-Powys Police.
Charitable trust fined following death of volunteer
Wilts & Berks Canal Trust was fined £30,000 after 62-year-old volunteer was killed while carrying out restoration work on 24 August 2016.
Peter Konitzer was fatally crushed when a section of a wall collapsed onto him in an excavation at Pewsham locks. He had been inside the excavation removing temporary propping that was supporting the wall when a section of it collapsed.
A section of the wall collapsed while Mr Konitzer was inside the excavation
The trust had been carrying out the restoration work as part of its project to preserve, conserve and improve the route of the Wilts and Berks Canal. However, it failed to ensure the safety of its volunteers working on it.
A joint HSE and Wiltshire Police investigation found the temporary propping to be inadequate and there was no clear method for the safe installation or removal of props during the work.
Explosives manufacturer fined £670,000 after worker dies
At a hearing at Swindon Magistrates’ Court on 27 June, a manufacturer of military explosives was fined following the death of a 29-year-old.
Piotr Zukowski was killed in an explosion at a factory in Salisbury being operated by Chemring Countermeasures Limited. Another man was seriously injured following the blast on 10 August 2018.
Piotr Zukowski was killed following an explosion in 2018
The pair had been cleaning a vessel used in the production of MTV – an explosive substance used in military flares.
Piotr’s mother Elżbieta, said her life ‘stopped’ on the day her son was killed.
Engineering firm fined after employee sustains serious injuries at HS2 site
On 15 July, St Albans Magistrates fined an engineering firm after a worker sustained multiple injuries while working at a HS2 construction site in Hertfordshire.
The mechanical engineer had been employed by EMC Elite Engineering Services Ltd when he fell more than 30 feet on 20 November 2022.
The man, who was 57 at the time, fell through a gap in a conveyor’s stairway and landed on the concrete floor below. He sustained a fractured pelvis, skull, hip, jaw and two broken wrists.
He spent two months in hospital following the incident, undergoing surgery requiring him to have six plates inserted into his face.
A still of the CCTV which captured the moment the man fell
£240,000 fine for company after fall left man paralysed
A Cheshire-based electrical transmission company was fined more than £200,000 after a man was left paralysed following a fall from height.
North Wales man Gavin Pugh had been demolishing and replacing electricity pylons in East Staffordshire when the incident happened on 6 April 2022.
Gavin Pugh fell more than 30 feet during work to demolish electricity pylons in East Staffordshire
Birmingham Magistrates Court heard how Mr Pugh and his colleagues were unaware of previous work already undertaken to loosen bolts on the tower. This caused him to fall more than 30 feet.
He spent six months in hospital and has been left unable to work as a result of his extensive injuries.
Recycling company fined £3m after one man died and another seriously injured
A national recycling firm was fined £3 million after one man died and another was seriously injured as they decommissioned an old North Sea gas rig.
Stephen Picken, 62, and Mark Kumar were working for Veolia ES (UK) Limited at an onshore facility in Great Yarmouth when the incident happened on 17 October 2019.
The pair had been removing an overhanging piece of metal pipework (known as a skirt pile), weighing in excess of 27 tonnes, from a jacket (a structure placed in the sea, designed to support oil and gas rig platforms), when it gave way. The pile struck the mobile elevating work platform (MEWP) containing the men, throwing them to the ground about 12 metres below.
The aftermath of the incident in Great Yarmouth.
Mr Picken died at the scene and Mr Kumar suffered serious life-changing injuries.
A HSE investigation identified serious failures including shortcomings in terms of supervision.
Wolverhampton company fined after worker hit by forklift truck
A manufacturing company based in Wolverhampton has been fined £30,000 after a welder sustained serious injuries when he was struck by a forklift truck.
David Lucas was working for Fablink UK Limited at its weld shop site on Stafford Road when he was hit by the reversing forklift on 12 January 2023.
The forklift driver was moving large jigs in and out of a welding pen when it struck 45-year-old Mr Lucas. He sustained injuries including a fractured ankle and a broken elbow, and spent several days in hospital.
An investigation by the Health and Safety Executive (HSE) revealed that there were inadequate measures to segregate pedestrians and vehicles at the site, including the weld shop where the accident happened. It was commonplace for forklifts to enter the welding areas and pens whilst pedestrians were in close proximity.
Arrangements for monitoring the condition of vehicles was also inadequate and poor maintenance regimes were in place. The forklift truck involved in the accident was in a poor state of repair, including a broken horn and excessively worn tyres. The risk assessment for workplace transport was not suitable and sufficient, and the company had received previous HSE advice in relation to workplace transport and in particular about vehicle and pedestrian segregation.
Fablink UK Limited of Stafford Road, Wolverhampton pleaded guilty at Dudley Magistrates Court to breaching Section 2 (1) of the Health and Safety at Work etc. Act 1974. They were fined £30,000 and ordered to pay costs of £6,104.
HSE inspector Heather Campbell commented “This case emphasises the dangers to safety from poorly managed workplace transport and plant maintenance.
“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
The prosecution was brought by HSE enforcement lawyer Edward Parton and HSE paralegal officer Helen Jacob.
Notes to editors:
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.
More information about the legislation referred to in this case is available.
HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so. The sentencing guidelines for health and safety offences can be found here.
A company has been fined £160,000 after an employee lost both legs whilst working at its site near Warrington.
On 20 June 2022, Andrew McAuley, from Runcorn, an employee of William Stobart & Son Limited was picking orders at the firm’s warehouse in Appleton Thorn.
The 64-year-old was working in close proximity to a forklift truck (FLT) which was being used to load pallets of slate tiles onto a waiting truck. The FLT was carrying two pallets, one on top of the other. The top pallet was not secured to the one below, and when the driver turned the vehicle, both pallets became detached from the forks, with the upper pallet striking Mr McAuley, crushing his legs.
A pallet of slate tiles crushed Andrew McAuley’s legs
Mr McAuley had to have both legs amputated below the knee. He has been left dependent upon a wheelchair and unable to drive or climb stairs, leading to the need for extensive adaptations to the family home.
An investigation by the Health and Safety Executive (HSE) found that William Stobart & Son Limited failed to ensure this area of the warehouse was organised so that vehicles and pedestrians were segregated and circulated in a safe manner and loads were secured so far as was reasonably practicable.
The incident happened at the firm’s warehouse in Appleton Thorn, near Warrington
William Stobart & Son Limited, of Ashville Way Industrial Estate, Sutton Weaver, Runcorn, Cheshire pleaded guilty to breaching regulation 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £160,000 and ordered to pay £4,478 costs at a hearing at Warrington Magistrates Court on 30 July 2024.
The prosecution was supported by HSE enforcement lawyer Sam Tiger and paralegal Sarah Thomas.
After the hearing HSE Inspector Lorna Sherlock said: “Mr McAuley has been left with devastating and life changing injuries.
“The company failed to implement a safe system of work for loading and unloading activities, thereby exposing employees, and others, to the risk of being struck by loads or workplace vehicles. This case illustrates the consequences of failing to segregate vehicles and pedestrians, and to properly secure loads.
“This injury could easily have been prevented. Employers should make sure they assess work activities sufficiently and apply effective control measures to minimise the risk from workplace transport.”
Notes to editors:
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.
More information about the legislation referred to in this case is available.
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.
Recycling company director sentenced after worker loses leg
The director of a Halifax-based recycling company has been given a community order after a worker lost part of his left leg when it was crushed by machinery.
Daisy Ning Bai, 43, the director of BW Recycling Limited, was told she must complete 160 hours of unpaid work after pleading guilty to health and safety breaches. They related to an incident on 26 November 2019 at the company’s Cinderhall Works site on Sidall Top Lane.
The incident saw Nathan Bland, who was just 20 years of age at the time, have the lower part of his left leg instantly amputated. He also lost several toes from his right foot after his legs were crushed inside a waste baler – a piece of equipment used to compress waste products into a form that’s easy to manage for recycling or disposal.
In a victim personal statement, Mr Bland, who is now 25, said ‘every day was a struggle’ and that returning to work had proved to be very difficult due to the prosthetic leg he now has to wear.
“I can still have flashbacks,” he said.
“I also struggle as my stump has issues fitting on my prosthetic leg.
“The incident has also affected my social life as it has given me PTSD and depression.
“I have had to get a support worker to help with my daily activities to help me with daily activities such as shopping and going to appointments.”
Nathan Bland lost his leg after it was crushed inside this waste baler
An investigation by the Health and Safety Executive (HSE) found that Daisy Ning Bai, introduced a working platform in front of the baler to make the job of filling the hopper easier for the operatives. The introduction of the platform in front of the hopper permitted easy access to the baling chamber including access to the dangerous moving parts of the baler itself.
Daisy Ning Bai, director of BW Recycling Limited of Ridge View Drive, Huddersfield, West Yorkshire pleaded guilty to breaching Section 37(1) of the Health & Safety at Work etc Act 1974. She was given a 12-month community order and must complete 160 hours of unpaid work. She was also ordered to pay £5,843 in costs.
BW Recycling Limited was not prosecuted by HSE after it was dissolved via compulsory strike off on 5 December 2023.
After the hearing, HSE inspector Sarah Lee commented: “A young man has had his life changed forever as a result of this incident.
“Companies and individuals that use balers should not install working platforms or other devices in front of the hoppers on balers as it permits access to dangerous moving parts of the baler.
“This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices”
Notes to editors:
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.
More information about the legislation referred to in this case is available.
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.
£240,000 fine for company after fall left man paralysed
A Cheshire-based electrical transmission company has been fined £240,000 after a man was left paralysed from the chest down after a fall at work.
Gavin Pugh, from Bangor in North Wales, was 35 at the time of the incident and employed as a linesman by Wood Transmission and Distribution Limited. He had been demolishing and replacing electricity pylons in East Staffordshire when he fell more than 30 feet on 6 April 2022.
Birmingham Magistrates Court was told how Mr Pugh and his colleagues began working on a pylon known as Tower AE11 in preparation for its demolition. They were unaware there had been previous work to loosen the bolts on the tower, known as “bolt cracking”, undertaken by another team of linesmen. This work had not been risk assessed and there were no systems in place to effectively record and communicate what they had actually done.
Gavin Pugh fell more than 30 feet during work to demolish electricity pylons in East Staffordshire
In addition, the team that was sent to site that day was also under-staffed for the work being carried out. As the job progressed, Mr Pugh unknowingly attached his fall protection lanyard to a diagonal steel section that was only securely bolted in place at its uppermost fixing. As he moved around the tower, the steel section he was attached to dropped into a vertical position, causing his lanyard to fall loose, resulting in him falling to the ground. He spent six months in hospital and has been left unable to work as a result of his extensive injuries.
An investigation by the Health and Safety Executive (HSE) found that Wood Transmission and Distribution Limited failed to ensure that the work at height was properly planned, appropriately supervised, and carried out in a manner that was, so far as was reasonably practicable, safe. The company had not considered the work at height hierarchy as part of its planning and had not assessed the risks associated with bolt cracking. Furthermore, it had not adequately resourced the task in line with its own safety documentation, and had failed to put in place a process for transferring work between teams and ensuring safety critical information was recorded and communicated effectively.
On 12 April 2024, Wood Transmission and Distribution Limited, of Booths Park, Chelford Road in Knutsford pleaded guilty at Birmingham Magistrates Court to breaching regulation 4(1) of the Work at Height Regulation 2005. At a hearing on 17 July 2024 they were subsequently fined £240,000 and ordered to pay costs of £14,142.
HSE Inspector Robert Gidman said: “This tragic incident could have been prevented had Wood Transmission and Distribution Limited put in place adequate arrangements to protect its workers from harm.
“Proper assessment of the risks and consideration of work methods, adequate staffing, and clear procedures for transferring towers between teams could have enabled this work to go ahead without incident.
“Instead, because of the company’s shortcomings, a worker has sadly and unnecessarily been left paralysed.
“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:
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.
More information about the legislation referred to in this case is available.
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.
Housing company fined after worker killed by concrete blocks
A housing company has been fined more than £300,000 after a driver was crushed to death by falling concrete blocks at a construction site in South Lanarkshire.
Conor Joseph Morgan had been delivering materials to Shott Farm in High Blantrye, a construction site being operated by Avant Homes (Scotland) Limited, when the incident happened on 19 April 2017.
The 45-year-old, who was employed as a HGV driver for Regen Waste Limited, was crushed as the concrete blocks were being unloaded from the articulated flatbed trailer using an excavator with pallet fork attachment. However, the length of the pallet forks fitted to the excavator exceeded the width of the pallet being unloaded.
As the pallet was being lifted the forks caught a second pallet of concrete blocks causing them to topple from the edge of the trailer and onto Mr Morgan.
The Health and Safety Executive (HSE) investigated and found that Avant Homes (Scotland) Limited as the principal contractor on site should have ensured there was a safe system of work for the unloading of the delivery vehicle driven by Mr Morgan. It also found Regen Waste Ltd had not carried out a suitable and sufficient assessment of risk for the drivers delivering to remote sites not under its control.
On 19 June at Hamilton Sheriff Court, Avant Homes (Scotland) Limited of Edinburgh Park, Edinburgh pleaded guilty to a breach of Section 3(1) of the Health and Safety at Work etc. Act 1974 and were fined £333,000. Regen Waste Limited of Newry, County Down pleaded guilty to breaching Regulation 3(1)a of the Management of Health and Safety at Work Regulations 1999 and were fined £23,000.
Speaking after the case HSE principal inspector Graeme McMinn said: “This was a tragic and wholly avoidable incident, caused by a failure of the principal contractor to implement a safe system of work. The employer also failed to carry out a suitable and sufficient assessment of risk.”
“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
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.
More information about the legislation referred to in this case is available.
Manufacturing company fined £15,000 for wood dust failures
A manufacturing company has been fined £15,000 after exposing its own workers to wood dust and failing to comply with two improvement notices.
Wood dust can cause serious and often irreversible health problems, including sino-nasal cancer, asthma and dermatitis. Employers have a legal responsibility to prevent or adequately control exposure in the workplace.
After concerns were raised to the Health and Safety Executive (HSE), inspectors from the workplace regulator went to Billy Davidson NV Stables Limited’s premises in Wingate, Durham on 17 June 2022. As a result, notices were served on the firm requiring it to undertake an examination of the local exhaust ventilation (LEV) system fitted to a chop saw and for failing to control exposure to wood dust from the use of a circular table saw.
Proper dust extraction can include having the right machinery, and vacuuming dust instead of sweeping is often required. HSE’s easy-to-follow guidance can be found here.
Despite the action taken by HSE, when inspectors returned to the site on 12 January 2023, the circular saw was still being used, despite the company saying it had been taken out of use. Likewise, the chop saw and LEV was also still being used, and the company had not provided HSE with confirmation it had been examined and was adequately controlling wood dust exposure.
The subsequent HSE investigation found the company had shown a disregard for health and safety due to their failure to comply with the improvement notices.
Billy Davidson NV Stables Limited was found guilty of contravening two counts of Section 33(1)(g) of the Health and Safety at Work etc Act 1974 and Regulations 9(2) and 7(1) of the Control of Substances Hazardous to Health Regulations 2002. The company was fined £15,000 and ordered to pay £4,500 in costs at Peterlee Magistrates Court on 24 January 2024.
Speaking after the hearing, HSE inspector Clare Maltby said: “This company showed a blatant disregard to the safety of its own workers.
“Companies are responsible for controlling the exposure to wood dust, a substance which is hazardous to health and can cause long term health effects such as occupational asthma.
“Compliance could have been achieved by simply getting a LEV fitted to the circular table saw and getting a competent person to undertake a thorough examination and test of the LEV on the chop saw.
“This case demonstrates that we will not hesitate to prosecute companies who fail to comply with the law.”
Notes to Editors:
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.
More information about the legislation referred to in this case is available.
Company director avoids prison over wood dust failures
The director of a Norwich woodworking company has avoided an immediate spell behind bars after he exposed his employees to harmful wood dust.
Wood dust can cause serious and often irreversible health problems, including sino-nasal cancer, asthma and dermatitis. Employers have a legal responsibility to prevent or adequately control exposure in the workplace.
John Risby, the director of Turners and Moore Limited, was given a four month custodial sentence, suspended for two years, at Norwich Magistrates Court. The 33-year-old’s company was also fined £40,000.
The Health and Safety Executive (HSE) carried out an inspection at the firm’s Hurricane Way site on November 2017, which identified significant failings in its measures to control exposure of employees to wood dust. Enforcement action was taken, however a subsequent inspection in August 2022 showed the company had failed to maintain standards and further enforcement action was taken.
Turners and Moore Limited of Hurricane Way, Norwich was fined £40,000 after pleading guilty to breaches of Sections 2 (1) and 3 (1) of the Health and Safety at Work Act 1974. The company must also pay £2,000 in costs. Director John Risby was given a four month custodial sentence, suspended for two years. He will also pay costs of £1,100 for breaching section 37 of the same Act.
After the hearing, HSE inspector Natalie Prince said: “This outcome should send a strong message out to anyone with a responsibility for protecting workers.
“Exposure to wood dust can cause serious ongoing health problems and businesses must do all that they can to protect their workers.
“This outcome should underline to those in the woodworking industry that the courts, and HSE, take a failure to protect the health of employees extremely seriously and will not hesitate to take action against companies that fail to do so.”
This HSE prosecution was brought by HSE enforcement lawyer Gemma Zakrzewski and paralegal officer Sarah Thomas.
Notes to Editors:
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.
More information about the legislation referred to in this case is available.
A company in Peterborough has been fined £67,000 after a young employee lost his life.
George Setchfield was found unconscious over the side of a large container while working for Electrostatic Magic Limited at the firm’s site in Peterborough.
George’s mum says his passing has affected “every aspect” of her life.
The 21-year-old had entered the company’s stripping shed, which housed an Intermediate Bulk Container (IBC) containing alloy wheel stripper.
He was later found by his manager slumped over the side of the IBC, and could not be revived.
Twenty-one-year-old George Setchfield was found dead in work
George had sustained multiple organ failure and chemical pneumonitis and cutaneous burns from exposure to dichloromethane, hydrofluoric acid and methanol.
An investigation by HSE found that Electrostatic Magic Limited had failed to control exposure to dichloromethane and hydrofluoric acid. It would have been reasonably practicable for the company to have installed local exhaust ventilation (LEV), used a hoist or long-handled tools to lower and lift parts in and out of the tank, provide pumped chemical systems to prevent the need to lean into the IBC and finally ensure that any Personal Protective Equipment (PPE) or Respiratory Protective Equipment (RPE) provided was suitable for the environment it was being used in.
George had entered the company’s stripping shed, which housed an Intermediate Bulk Container (IBC) containing alloy wheel stripper.
George’s Mum, Amanda Foster, told Peterborough Magistrates’ Court: “Trying to find some level of justice for George has taken over my entire life. I have spent hours going into detail, reviewing, rereading and making notes about how George died and how it should have been prevented.
“This is something that I struggle to accept, how has this been able to happen to my son? George’s death has affected every aspect of my life. It has left me with a constant feeling of emptiness and devastation. It will shadow my future forever and I know that my life will never be as it once was. It has shattered my family’s lives and changed everyone’s life who knew and loved George.”
Electrostatic Magic Limited, of Ivatt Way, Westwood, Peterborough, pleaded guilty to breaching Regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002 and Article 67 of the REACH regulation. The company was fined £67,000 and ordered to pay £7,231 in costs at Peterborough Magistrates’ Court on 19 January 2024.
HSE inspector Tom Pouncey said: “Our thoughts today are with the family of Mr Setchfield, a young man, who should have returned home safely to his family at the end of his working day, but because of the failings of Electrostatic Magic Limited, he did not, and his family are understandably heartbroken.”
“Awareness within the alloy wheel stripping industry of the importance of using appropriate control measures and the dangers of this cold stripping process needs to improve.
“Companies need to understand the dangers of working with hazardous chemicals and ensure employees are not unnecessarily exposed. Deaths can result from working with Dichloromethane-based stripping fluids. HSE will be inspecting businesses carrying out similar work to ensure suitable health and safety arrangements are in place. If they are not then HSE will take appropriate action.”
This prosecution was brought by HSE enforcement lawyer Jon Mack and supported by HSE paralegal officer Rebecca Forman.
Notes to editors:
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.
More information about the legislation referred to in this case is available.