Farmer given suspended jail sentence after man killed by cattle
A West Yorkshire farmer has avoided an immediate spell behind bars after his cattle trampled a man to death and left his wife paralysed.
Martin Howard Mitchell was given a six-month custodial sentence, which was suspended for 12 months following the incident on a farm in Netherton, Wakefield.
Michael Holmes, 57, had been walking on a public footpath with his wife Teresa and their dogs on 29 September 2020 when they entered a field containing cows and calves on Hollinghurst farm. The farmer had made no attempts to segregate the cows and calves from the footpath and the couple were attacked and trampled by the cattle.
Mr Holmes suffered fatal injuries and died at the scene while his wife sustained life changing injuries that have left her confined to a wheelchair as well as requiring extensive rehabilitation therapy and major adaptations to her home. Their two dogs, still attached to their leads, had managed to escape and were later found by one of the couple’s neighbours.
Michael Holmes was killed while his wife Teresa was left paralysed
Their story shone a light on the dangers of cattle for dog walkers and farmers alike.
In a victim personal statement, Mrs Holmes said: “Having to cope with two traumas has been very difficult – losing Michael and suffering life changing injuries.
“I sustained a spinal cord injury which left me paralysed from the waist down.
“I now have to use a wheelchair. This has transformed my life beyond anything I could ever imagine.
“The course of my life, and my late husband’s, has been thrown into great turmoil as a result of the farmer’s negligence.”
An investigation by the Health and Safety Executive (HSE) found that Martin Mitchell had failed to ensure that the risks to members of the public were controlled, including that, where possible, cows with calves were suitably segregated from the public footpath.
Cows are known are known to be protective of their calves and unpredictable.
Key considerations for farmers and landowners include:
where possible avoid putting cattle, especially cows with calves, in fields with public access.
do all that they can to keep animals and people separated, including erecting fencing (permanent or temporary) e.g. electric fencing.
Assess the temperament of any cattle before putting them into a field with public access.
Any animal that has shown any sign of aggression must not be kept in a field with public access.
Clearly sign post all public access routes across the farm. Display signage at all entrances to the field stating what is in the field (cows with calves / bulls).
Martin Howard Mitchell of Netherton, Wakefield pleaded guilty to breaching Section 3(2) of the Health & Safety at Work etc Act 1974. In addition to his suspended sentence he was also ordered to pay a fine and make a contribution towards costs.
After the hearing, HSE inspector Sally Gay commented: “Large animals can be a risk to people. Even a gentle knock from a cow can result in injury.
“Seemingly docile cattle can pose a risk to walkers when they are under stress or feel threatened, and can exhibit instinctive maternal or aggressive behaviour.
“This tragic incident could easily have been avoided if basic precautions had been taken by the farmer. Readily available HSE guidance states that, where possible, cows with calves should not be grazed in fields where there is a public right of way.
“Where this is not possible they should be segregated from the footpath by appropriate fencing where it is reasonable to do so.”
The prosecution was brought by HSE enforcement lawyer Andy Siddall.
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 legislationreferred to in this case is available.
Waste company director sentenced over failure to comply with HSE notices
A director of a Kent waste company has been disqualified from being a director for five years for his role in its failure to comply with two Improvement Notices served by the Health and Safety Executive (HSE).
David Richard Barker, director of BSP (Knockholt) Limited, was also sentenced to two 12-month community sentences, to run concurrently, to include 12 months of supervision and 80 hours of unpaid work.
An HSE inspection in August 2020 found that employees manually sorting through waste in the company’s yard near Orpington were at risk of being struck by heavy machinery, and that there were inadequate rest facilities for them to use during break times.
Two Improvement Notices were served on the company in September 2020, and a date for compliance in October 2020 was set. Improvement Notices can be served on companies or individuals when HSE inspectors are of the opinion that they are breaching health and safety regulations. They are given a specified amount of time to improve their practices to comply with their legal duties.
However, a further site inspection in February 2021 found that the company had not complied with either notice. The company went into liquidation in 2022 but it was prosecuted and fined £150,000 in March 2023.
Mr Barker, one of the company’s directors and its main controlling party, told HSE during that he had appealed against the Improvement Notices but did not provide any evidence. In an email sent to an inspector, he also suggested that the only way to resolve differences of opinion between HSE and the company about the safety of its working practices would be for HSE to bring a prosecution against it.
Although Mr Barker was not present at the site during either inspection, HSE inspectors were told to direct all enquiries regarding health and safety to him.
At Croydon Crown Court, David Richard Barker, of Crockham Hill, Edenbridge, Kent, was previously found guilty after trial of breaching Sections 37(1) and 33(1)(g) of the Health and Safety at Work etc Act 1974, in that the offences of contravening the requirements imposed by the Improvement Notices were committed with his “consent, connivance or were attributable to his neglect”, such that he, in addition to BSP (Knockholt) Limited, was guilty of the offences.
On 20 May 2024, he was sentenced to two 12-month community sentences to run concurrently, disqualified from being a director for five years, and ordered to pay £10,000 towards prosecution costs.
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.
Farming partnership sentenced as dad crushed by hay bales
A farming partnership in Surrey has been fined £36,000 after a young father was seriously injured.
Christopher Rolfe from Horsham in West Sussex, sustained four rib fractures when five hay bales, each weighing 600kg, toppled and fell on top of him at Polesden Lacey Farm on 28 April 2022.
Just 26 at the time, Christopher had gone into a barn to collect bales that were being delivered to local customers. The bales had been stored on a layer of pallets to keep them off the barn floor, which was damp at the time.
Christopher Rolfe underwent months of rehabilitation in order to regain his mobility
As he was removing the pallets to reach the stack of bales, an entire column of five toppled over and crushed him against the floor. Christopher lay trapped screaming for help until a nearby dog walker heard his cries and alerted the emergency services. He suffered fractures to his pelvis and ankle as well as his ribs.
“I was a stereotypical young man in agriculture. I always thought I’d be fine – as long as I got to drive a quarter of a million pound tractor down the road with everyone looking at me.
“Now that’s the last thing on my mind. I very much look at every piece of machinery in front of me and think how quickly can that thing kill me.
“I was lucky to come away with just a broken hip and leg fractures.”
Christopher had to be airlifted to hospital after the incident – a service that saved his life
He was then airlifted to hospital where he underwent emergency surgery before starting months of rehabilitation in order to regain his mobility to start walking again and caring for his then four-year-old son.
“I was later told that if I had gone by road to the hospital I would have died.
“But at the time, I didn’t even want to go to hospital. The biggest thing that went through my mind at the time was that I’d just ruined my summer!
“Having spoken to the staff at Kent Surrey and Sussex Air Ambulance, I’ve come to realise just how important they are. When I needed them, they were there. My son, who’s now seven is even a young ambassador for them. So something really good has come from a really bad situation.
“My outlook on what happened is that I can’t change it, but I have to deal with what I’ve got.”
Chris has since resumed his career in farming.
Christopher Rolfe was crushed underneath five hay bales
A Health and Safety Executive (HSE) investigation found the poorly constructed stack of bales had not been stacked on firm, dry, level, freely draining ground but instead on top of old pallets as the barn floor was uneven and prone to waterlogging. The bales were placed in vertical columns and were not ‘tied in’ by alternating the layers so the bales overlap and stop the stack from splitting. The company had also failed to identify safe working methods for unstacking bales, keeping the face racked back as bales were removed.
HSE guidance states the bottom of a stack should set up a dry, sturdy foundation for all additional bales. Bales should all be ‘tied in’ and the stack should be monitored to ensure it remains stable. More on this can be found at: Safe working with bales in agriculture (hse.gov.uk)
F Conisbee and Sons Ltd, of Ockham Road South, East Horsley, Surrey, pleaded guilty to breaching Regulation 10 (4) of the Work at Height Regulations 2005. The company was fined £36,000 and ordered to pay £4,986 in costs at Staines Magistrates’ Court on 15 May 2024.
HSE inspector Sally Parkes said: “This accident would have been easily avoided if the farm had followed the guidance published by either HSE or the National Farmers Union on the safe stacking of bales. Stacking bales requires skill and should be overseen directly by someone with knowledge of the industry guidance.
“Health and safety is a fundamental requirement of a sustainable farming business yet over the last 10 years, almost one person a week is killed and many more are seriously injured as a result of agricultural work.
“Even with the considerable financial stain on UK farming, prioritising health and safety not only ensures workers are kept safe but also improves well-being and health outcomes alongside supporting productivity and efficiency on farms.”
This prosecution was brought by HSE enforcement lawyer Jonathan Bambro and supported by HSE paralegal officer Ellen Garbutt.
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.
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.
Arriva and cleaning firm fined after worker killed at bus depot
A national bus company and a commercial cleaning firm have been fined after a “much loved young man” was killed at a depot in Hemel Hempstead.
Albin Trstena, from Tottenham, was working for Cordant Cleaning Limited, when he was hit by a reversing bus being driven by a colleague on 5 November 2019.
The 25-year-old had been working in the yard of Arriva’s Hemel Hempstead bus depot when the vehicle was reversed out of the wash down area. He sustained fatal injuries.
Twenty-five-year-old Albin Trstena was killed by a reversing bus at Arriva’s bus depot in Hemel Hempstead
In a statement read at St Albans Magistrates’ Court, Albin’s sister Albina said how his death had been ‘devastating’ for their family.
“When we received the news Albin had died, we were left devastated and our whole world came crashing down around us,” she said.
“His presence at home was so alive.
“Albin would always do lots for the family, but not just for the family, he gave of himself and would always help other people where he could.
“He was a brother and son to be proud of.”
An investigation by the Health and Safety Executive (HSE) found that Arriva failed to properly assess the risk of vehicle-pedestrian conflict, and both they and Cordant Cleaning Limited, subsequently known as C.L.C Realisations Limited, failed to implement a suitable system of work to control this risk.
There were also insufficient measures in place to protect pedestrians from vehicles being moved around the depot and to ensure that walkways within the perimeter of the yard were being utilised.
C.L.C Realisations Limited of Wellington Street, Leeds (in administration) offered no plea but was found guilty of breaching Section 2(1) of the Health and Safety at Work Act 1974 and fined a nominal £1,000.
Arriva Kent Thameside Limited of Doxford International Business Park, Sunderland, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974 and have been fined £32,000 and ordered to pay costs of £22,392.
HSE inspector Roxanne Barker said: “This tragic incident led to the avoidable death of a much loved young man.
“There was a failure to undertake safety measures to segregate vehicles and pedestrians.
“They also failed to properly consider who was responsible for determining and implementing suitable measures to ensure safe working practices when contracting out some of the activities performed within a shared workplace.”
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.
The final month of the year has seen the Health and Safety Executive (HSE) conclude complex prosecutions against two care settings. December also saw cases relating to two frightening offshore incidents that resulted in fines totalling more than £1million. Another prosecution came about after a member of the public captured shocking footage on their mobile phone of a dangerous disregard to safety while working at height.
Care home fined £125,000 after teenager’s death
James and Melissa Mathieson
A care home in Bristol was fined for not doing enough to keep people safe from vulnerable patients who posed a danger to themselves and others.
The complex HSE investigation and prosecution followed the death of Melissa Mathieson at Alexandra House on 12 October 2014. Jason Conroy murdered the 18-year-old and was jailed for life the following year, following a Crown Prosecution Service case.
Both Melissa and Jason were fairly new residents at the home having both moved there in August 2014, Melissa from Crawley, and Jason from a school in Shropshire.
Construction fined after failing to provide basic facilities to workers
A Cheshire construction company was fined £5,000 after it failed to provide workers with adequate welfare facilities.
C.B. Homes Limited was carrying out work at a site on Bunbury Lane in Alpraham when it was visited by the Health and Safety Executive (HSE) on 23 March 2023. The proactive inspection found the company had failed to provide workers with adequate facilities for workers to wash their hands.
It wasn’t the first time the Tarporley-based company had failed to provide such facilities with enforcement action being taken by HSE on three other occasions. It is a legal duty for companies to provide workers with suitable welfare facilities.
Roofing firm and company business partner sentenced following HSE investigations
A roofing company was fined a total of £881,000 after two workers were seriously injured during two separate incidents.
Billy Hewitt, a worker at Mitie Tilley Roofing Limited, fractured his pelvis after falling through a factory roof in Newcastle. Meanwhile, a 24-year-old labourer employed by RM Scaffolding broke his femur after falling through the roof of a building in Swansea while working on a project run by Mitie Tilley Roofing Limited.
The HSE investigated both incidents and prosecuted Mitie Tilley Roofing Limited. Paul Robinson, a business partner at RM Scaffolding, was also prosecuted following the incident in Swansea.
Fines for repair firm and its director after man crushed at London garage
Company director Seyit Dilek left him standing under the vehicle while it was raised on a vehicle lift
A garage was fined £12,000 after a customer was crushed by his own vehicle at a garage in North London.
Tottenham resident Mahmut Emanet is “lucky to be alive”, according to HSE inspector Michelle Morphy.
The 62-year-old spent six days in a critical care unit after he sustained serious crush injuries in the incident. He has been left with permanent and life changing injuries.
Leading textiles firm hit with £100,000 fine after worker loses hand
A linen services company has been fined £100,000 after a man’s hand had to be amputated.
Scott Drummond, from Rhyl, North Wales, suffered serious injuries to his hand after it became trapped in machinery at the laundry operated by Johnsons Textile Services Limited in Bumpers Lane, Chester, on 24 June 2021. The injuries were so serious that his hand was later surgically amputated above the wrist.
The 45-year-old had been investigating a fault on a large commercial dryer when he was caught by the machine.
Newport City Council fined £2million after death of much loved family man
Stephen Bell was working for Newport City Council when he was killed
Newport City Council was fined £2million after “a hardworking man who loved his family very much” was killed while carrying out road repair works.
Stephen Bell was barrowing tarmac from the back of the local authority’s tipper lorry when he was struck by a farm vehicle passing the road works.
The 57-year-old’s wife Jenny said how the events of 18 July 2019 had changed their family’s life forever.
“I do not have the words to express the pain my family and I felt when we heard the news and losing him so suddenly has taken its toll on us all and has left us all heart broken,” she said.
Offshore companies fined after grandfather injured on North Sea gangway
The damaged boot Mr Hill had been wearing at the time of the incident
Two offshore companies were fined a combined total of more than £1.2m after an offshore worker’s feet were crushed while walking along a gangway over the North Sea.
HSE prosecuted both Shell and Ampelmann Operations following the incident off the Norfolk coast on 17 October 2017.
Martin Hill, a grandfather of eight from Norwich, says he now struggles to go on walks and carry out simple DIY tasks as a result of his injuries.
Farming business fined after a walker dies in cattle incident
Marian Clode
A farming business was fined after a member of the public died after being butted several times by a cow in front of two onlooking grandchildren.
Marian Clode, 61, was on a family walk on 3 April 2016 when the attack happened on a public bridleway in Northumberland. She died in hospital three days later.
The family had been staying at a cottage at Swinhoe Farm, Belford and said Marian “was dearly loved and still so sadly missed.”
North Wales health board fined after failings resulted in woman’s death
Dawn Owen
One of the largest health boards in Wales was given a £200,000 fine after a patient died in its care.
Llandudno Magistrates’ Court heard that 46-year-old Dawn Owen was found unconscious at the Hergest Unit – a secure mental health unit – at Ysbyty Gwynedd in Bangor on 20 April 2021.
Dawn’s family have called on Betsi Cadwaladr University Health Board to act on the findings of the HSE investigation, calling her death ‘wholly avoidable’ and ‘completely unnecessary’.
Company fined after worker spotted on pallet raised by forklift truck
A company has been fined after shocked onlookers spotted an employee precariously working from height while standing on a pallet raised by a forklift truck at Ramsgate Harbour.
HSE was alerted to the activity after it was reported by a member of the public, who managed to capture the terrifying debacle on video.
The worker was part of a team of three at EAP Limited that were removing work equipment from the deck of a boat in the harbour’s slipway.
Offshore drilling company fined after crane boom collapse
Damage to the lifeboats following the collapse
An offshore drilling company has been fined after a crane boom collapsed catastrophically.
Nobody was hurt in the incident on 31 March 2016 but a chaotic scene ensued after the collapse of the Rowan Gorilla VII’s boom, with flying debris damaging a nearby vessel, whipping a hose out of control before it ruptured, leaving a cloud of cement dust.
It happened offshore in the North Sea as staff were preparing to recover a faulty submersible pump.
HSE inspectors described the incident as an “accident waiting to happen”.
A company in Leicestershire has been fined £900,000 after a father-of-two was crushed to death.
Lee Benham died on 4 November 2021 while attempting to move a scissor lift at Nationwide Platform Limited’s workshop in Liskeard, Cornwall.
The 45-year-old LGV driver had operating a scissor lift from the ground to clear an access path so he could move pieces of machinery out of the workshop and load it onto his lorry in the yard.
Lee’s wife, Kelly Benham, said: “There are no words that can describe when you have had your heart ripped out.”
Food company fined £360,000 after worker loses consciousness
A company in Fife which grows and prepares vegetables has been fined £360,000 after a worker was dragged into a machine and lost consciousness.
Remigiusz Cyrek, a hygiene operative at Kettle Produce Limited, was undertaking a routine clean of a machine that makes carrot batons on 22 June 2018. The 37-year-old was trapped by a giant roller after being dragged into the machine at the company’s premises at Orkie Farm, in Freuchie.
Mr Cyrek had been cleaning part of the conveying machinery which had not been isolated from the power supply. The hood of his waterproof jacket became entangled in a moving power driven roller, causing it to tighten around his neck and resulting in him losing consciousness. The incident left the Polish national unable to work for six months afterwards.
An investigation by the Health and Safety Executive (HSE) found that Kettle Produce Limited had failed to provide a safe system of work for employees who were cleaning the machinery. A safe system of work should ensure that cleaning activities are not carried out whilst the machinery was moving, and that all parts were isolated and locked-off from the power supply.
Kettle Produce Limited, of Balmalcolm Farm, Cupar, Fife, pleaded guilty to breach Section 2(1) and Section 33(1)(a) of the Health and Safety at Work etc Act 1974. The company was fined £360,000 at Dundee Sheriff Court on 23 November 2023.
HSE inspector Kerry Cringan said: “This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.
“While cleaning is an essential part of food processing, hygiene operatives should not be exposed to risks from unguarded moving parts.
“Companies should be aware that we 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 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 fined as HSE inspection identifies failures
A manufacturing business in Lincolnshire has been fined for failing to protect its workers from hazardous substances.
A Health and Safety Executive (HSE) inspection of W.S. Barrett and Son Limited’s site at Riverside Industrial estate in Boston, Lincolnshire, found the company’s workers were being potentially exposed to welding fume and dusts from powder coating.
Welding fume is carcinogenic and can cause other serious illnesses such as occupational asthma. Exposure to coating powders can also cause occupational asthma and skin irritation.
The company was served with Improvement Notices following issues with Local Exhaust Ventilation systems.
The inspection on 25 March 2022 found that an on-tool extraction system on the welding tools was in a poor state of repair and that Local Exhaust Ventilation systems, provided to capture welding fume and dusts from powder coating in order to protect employees’ health, had not been thoroughly examined and tested.
A subsequent HSE investigation found W.S. Barrett and Son Limited, a specialist manufacturer for the agricultural and horticultural industries, had failed to ensure that its Local Exhaust Ventilation systems, which controlled workers’ exposure to welding fume and dusts from powder coating , had been thoroughly examined and tested.
The company had already been warned about its Local Exhaust Ventilation systems, during a previous HSE inspection on 13 February 2018, the company was served with Improvement Notices following issues with Local Exhaust Ventilation systems. The company failed to comply and was prosecuted as a result.
The company was served with Improvement Notices following issues with Local Exhaust Ventilation systems.
W.S. Barrett & Son Limited, of Marsh Lane, Boston, Lincolnshire, pleaded guilty to breaching Regulation 9(1) and Regulation 9(2) of the Control of Substances Hazardous to Health Regulations 2002. The company was fined £10,000 and ordered to pay £3,625.20 in costs at Lincoln Magistrates’ Court on 22 November 2023.
HSE inspector Stacey Gamwell said: “W.S. Barrett & Son Limited could have ensured that its Local Exhaust Ventilation systems were thoroughly examined and tested to ensure that they were working as intended to protect the health of its employees.
“This case highlights the importance of regular maintenance and inspection of control measures including Local Exhaust Ventilation, to ensure equipment remains in an efficient state, in efficient working order, in good repair and in a clean condition.”
This HSE prosecution was brought by HSE enforcement lawyer Jonathan Bambro.
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. hse.gov.uk
More about the legislation referred to in this case can be found at: legislation.gov.uk/
