Press release

Suspended prison sentence following death of young roofer

A director has been given a suspended jail sentence and two companies fined after a young man on just his second day on the job fell to his death at a premises in Walsall.

Adam Brunskill, 22, had been part of a team of four men working on the roof of Bestway Wholesale in Bloxwich Lane, near Reedswood. On 14 July 2020, he fell through an unprotected glass-wire skylight to the concrete floor approximately 23-feet below. He sustained a severe brain injury and died in hospital the following day.

The work was being carried out at Bestway Wholesale in Bloxwich Lane in Walsall

It had only been Adam’s second day working as a roofer on the project to install over-cladding to the large industrial unit.

Wayne Clarey, the director of Wayne Clarey Roofing & Cladding Limited, was given a six-month custodial sentence, suspended for 18 months. His company was fined £45,000, while principal contractor Proclad Developments Limited was fined £400,000.

Working at height remains one of the leading causes of workplace injury and death and HSE has detailed guidance on working safely at height.

Adam Brunskill fell through an unprotected glass-wire skylight

An investigation by the Health and Safety Executive (HSE) found that this was a very preventable incident.  The skylights could have been covered or safety netting installed below.

HSE inspector Gareth Langston said: “The collective failures of those responsible for site safety in this case has cost a young man his life.

“Adam Brunskill was at the very beginning of his career but was not kept safe.

“When working on fragile roofing, or where skylights are in place on a metal roof, safety netting is essential.

“Had these measures been put in place Adam would still be alive.”

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE guidance on working safely at height is available.
  5. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.

Demolition firm fined after worker seriously injured in fall from height

A demolition company has been fined after a worker fell six metres through a roof opening during a demolition project, suffering serious injuries.

Lawrie (Demolition) Limited had been appointed as the principal contractor to carry out the demolition of a vacant warehouse in Aberdeen.

Warehouse in question

On 25 May 2023, 42-year-old Sylwester Zdunczyk was working with a team on the warehouse roof, removing aluminium over-sheeting. The sheets were being carried to pre-cut holes in the roof from where they were dropped to the ground floor. These holes were guarded by steel crowd control barriers secured together with plastic tie wraps – but they were not attached to the roof surface. No other fall prevention measures were in place.

While helping to carry a sheet backwards near one of the holes, Mr Zdunczyk lost his footing. The weight of the sheet and his own bodyweight caused the unattached barriers to shift, exposing the edge of the opening and creating a gap. He fell approximately six metres to the concrete floor below.

the worker fell from this roof

Mr Zdunczyk sustained a fractured pelvis and two broken ribs. He was unable to work for six months after being discharged from hospital and has not fully recovered. Previously fit and active, he can no longer run, cycle or play football and now requires pain medication.

An investigation by the Health and Safety Executive (HSE) found that Lawrie (Demolition) Limited failed to properly plan, supervise, and carry out the work at height safely. Workers were sent onto the roof without sufficient instruction, training or supervision. The company also failed to put adequate fall protection measures in place.

Working at height remains one of the leading causes of workplace injury and death and HSE has detailed guidance on working safely at height.

the warehouse

Lawrie (Demolition) Limited, of Rigifa, Cove, Aberdeen, pleaded guilty to breaching Regulation 4 of the Work at Height Regulations 2005 and Section 33(1)(c) of the Health and Safety at Work etc Act 1974. The company was fined £40,562.50 at Aberdeen Sheriff Court on 12 June 2025.

HSE inspector Muhammad Umair Tanvir said:
“This incident could have been avoided by simply implementing appropriate control measures and safe working practices.

“Falls from height remain the leading cause of fatalities and serious injuries in UK workplaces. In 2023/24, 50 workers died following a fall from height – the highest cause of workplace fatalities. This trend has remained consistent over recent years.”

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in Scotland can be found here.

Fine for company and director after employee falls through roof light

A construction company and its director have been fined after a worker fell through the roof of a sheep barn.

Jack Croft, 30, suffered life changing injuries after the incident in Leyburn, North Yorkshire.

He was working for Norman Iveson Steel Products, as part of a project to extend the sheep barn. Roof sheets needed to be installed, bridging the gap between the old roof and new. Jack, from Bedale, was carrying out the work on 11 October 2022 when he stepped onto a fragile roof light which immediately broke under his weight. He fell from a height of around six metres.

Jack Croft fell through the barn roof light

Mr. Croft suffered significant life changing injuries, including five cranial fractures, 10 fractured ribs, a cranial bleed, hearing loss and fractures to his spine, eye socket, cheek, wrist and shoulder. He also suffered a collapsed left lung and a pulmonary embolism.

An investigation by the Health and Safety Executive (HSE) found the company had failed to implement basic working at height control measures, such as safety netting, to prevent falls from height in this area. The netting that was in place on site did not cover full work areas and was installed by persons without the sufficient skills to rig it. HSE also found a failure to plan, manage and monitor the construction phase, to ensure it was carried out in a safe manner.

HSE has a range of guidance on how to plan and carry out work at height safely: Construction – Work at height – HSE

Norman Iveson Steel Products Limited, of Hill Crest, North Yorkshire, pleaded guilty to Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £100,000 and ordered to pay costs of £6,101 at York Magistrates Court on 22 May 2025.

Phillip Iveson, a director of the company, pleaded guilty to Section 37 of the Health and Safety at Work etc. Act 194 and fined £1,822 and told to pay costs of £2,358.

Speaking after the hearing, HSE inspector Gavin Carruthers, said: “This was a tragic incident where a young man narrowly escaped death but received life changing injuries. Falls from height continue to be the leading cause of workplace death in Great Britain and this incident was fully avoidable if steps were taken to address the risks.”

This prosecution was brought by HSE enforcement lawyer Karen Park and paralegal officer Rebecca Withell.

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. Relevant guidance can be found here – Construction – Work at height
  5. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.

Two companies fined after worker injured in fall from height

Two Shrewsbury-based companies have been fined after a worker fell through a roof during extension work on a house extension the town.

The injured man was one of several workers employed by Roofrite (Shropshire) Limited carrying out work on the roof of the property on 9 December 2022. The firm had been appointed by principal contractor Harding and Houlston Building Contractors Limited to install the roof on the property.

While working on the roof, the man accidently stepped in an area where there was an opening for a window that was yet to be installed, resulting in him falling through and to the ground below. He suffered fractures to his spine and ribs.

Two Shrewsbury-based companies have been fined after a worker fell through a roof during extension work on a house extension the town

An investigation by the Health and Safety Executive (HSE) found that external scaffold had been put into place around the perimeter of the extension to allow workers access to the roof. However, there were no measures in place internally to prevent falls into the extension and to the ground below.

The HSE investigation also found that Roofrite (Shropshire) Limited had failed to properly plan the work and to provide its workers with suitable instructions for carrying out their duties safely. Harding and Houlston Building Contractors Limited had also failed to ensure that the roof work had been properly planned, and failed to carry out any monitoring of the work that was being completed by the roofers on the site, which was under its control.

Roofrite (Shropshire) Limited of Atcham Business Park, Shrewsbury, Shropshire, pleaded guilty to breaching three charges of Regulation 6(3) of the Work at Height Regulations 2005 and were fined £8,000 and order to pay costs of £2,990 at a hearing at Kidderminster Magistrates’ Court on 19 May 2025.

Harding and Houlston Building Contractors Limited of Emstrey House North, Shrewsbury Business Park, Shrewsbury, Shropshire, pleaded guilty to breaching Regulation 13(1) of the Construction (Design and Management) Regulations 2015 and were fined £500 and order to pay costs of £2,990 at the same hearing.

HSE inspector Sara Andrews said “Working at height remains one of the leading causes of workplace injury and death.

“This incident highlights the importance of undertaking a thorough assessment of the risks for all work at height activities. Suitable control measures, such as internal crash deck, should also be implemented to minimise the risk of serious personal injury.

“All principal contractors must ensure such control measures are in place throughout the duration of the work.”

This prosecution was brought by HSE enforcement lawyer Nathan Cook and paralegal officer Gabrielle O’Sullivan.

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.
  5. HSE guidance on working safely at height is available.

British Airways fined more than £3million following worker injuries at Heathrow

British Airways has been fined more than £3million after two employees fell from height and sustained serious injuries.

The airline was prosecuted by the Health and Safety Executive (HSE) following two separate incidents at Terminal 5 at Heathrow Airport.

On 25 August 2022, a 54 -year-old employee had been unloading baggage containers from an aircraft when he slipped off a televator and landed 1.5 metres onto the ground below. He suffered serious back and head injuries, including a fractured vertebrae, as a result.

Image showing elevator involved in the second incident.

The HSE investigation found there were gaps between the televator’s guardrails and the aircraft fuselage, the size of which depended on the type of aircraft, creating the fall from height hazard. The gaps increased in size after the front of the televators’ platforms at Terminal 5 were extended – but additional measures to prevent falls from height had not been implemented.

At the time of the incident, British Airways had started a programme to retrofit extendable guardrails to televators in response to previous HSE visits. This was completed following the incident.

In the second incident a British Airways worker sustained head injuries, including a fractured jaw and bleeding on the brain, on 8 March 2023, while unloading baggage containers from an aircraft following its arrival from Seattle. The 43-year-old fell from an elevator and landed three metres onto the ground below.

Both employees were taken to hospital for treatment and had to take several months off work.

The HSE investigation into this incident identified a risk of employees falling from height from the front of the elevator platforms when they were being used during loading and unloading of some aircraft types. Flaps on either side of the platform would be left folded down leaving a gap between the platform and aircraft fuselage.

It also found that the elevator’s operator platform had not been fully extended towards the aircraft, creating a gap which employees could fall through.

Falls from height remain one of the leading causes of workplace injury and death. HSE has detailed guidance on working safely at height while the Civil Aviation Authority has guidance with input from HSE on ground handling activities, including aircraft loading, on its website.

British Airways PLC, of Waterside, Speedbird Way, Harmondsworth, Greater London, pleaded guilty to two charges under Regulation 6(3) of the Work at Height Regulations 2005.

The company was fined £1.33million in relation to the August 2022 incident, and £1.875million in relation to the March 2023 incident. The company was also ordered to pay £20,935 in costs at Southwark Crown Court on 15 May 2025.

HSE enforcement lawyer Rebecca Schwartz, who brought the prosecution, said:

“Falls from height present a real risk of death or serious, life-changing injury. Both employees are fortunate to be alive today.

“The risks of working at height and the necessary control measures are well established – in these cases adequate guardrails would have significantly reduced the risk of harm. This was a reasonably foreseeable risk that British Airways should have been aware of and therefore it should have done more to protect its employees.”

Moving baggage between an aircraft and the luggage carousel in the terminal building is dynamic and time-pressured. It therefore comes with a range of risks to baggage handlers. Several HSE inspections have taken place at Heathrow Airport, identifying risks with manual handling and maintenance of equipment as well as falls from height. Airlines and ground handling companies have needed to take action as a result of these visits. HSE guidance is available here.

This HSE prosecution was supported by HSE paralegal officer Melissa Wardle.

Notes to editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.

 

Construction boss avoids jail after worker died during house extension

The director of a Leicester-based construction company has been given a suspended prison sentence after a man fell from height while working on a house extension and died in hospital several weeks later.

Stephen Pywell was working under the control of Affordable Lifestyle Design Limited at a site in Thurmaston on 18 March 2019. It was during the roof construction phase when the 59-year-old fell while walking on the beams. He had accessed the beams via a ladder, however there was no edge protection in place to prevent falls. He fell from a height of just under eight feet. He was taken to hospital where he underwent surgery, but died several weeks later on 13 May as a result of his injuries.

Stephen Pywell fell from the wooden roof beams of the house extension

An investigation by the Health and Safety Executive (HSE) found that James Pitsillides, the director of Affordable Lifestyle Design Limited, had failed to manage the roof work. This included ensuring that roofing subcontractors, including Mr Pywell, were not exposed to health and safety risks.

Pitsillides pleaded guilty and was given a 20-week prison sentence, suspended for two years. The district judge also ordered him to complete 200 hours of unpaid work.

Working at height remains one of the leading causes of workplace injury and death and HSE has detailed guidance on working safely at height.

That guidance states that work at height must be properly planned, appropriately supervised and carried out in a manner that is safe. The “hierarchy of control” prioritizes collective fall prevention measures, for example scaffolding with suitable edge protection. If this isn’t feasible, fall mitigation measures like airbags or netting should be considered to reduce the consequences of a potential fall. In this case, none of these measures were used, and workers were accessing the roof with a ladder and no additional fall prevention measures in place.

James Pitsillides of Orchard Lane, Great Glen, Leicester, pleaded guilty to breaching Section 37 of the Health and Safety at Work etc. Act 1974, relating to an underlying breach of s.3(1) by his company. He received a 20-week prison sentence, suspended for two years and must complete 200 hours of unpaid work. He was also ordered to pay £10,000 in costs at Leicester Magistrates’ Court on 7 May 2025.

HSE inspector Phil Gratton said: “Every year, a significant number of incidents occur in construction as a result of poorly planned work at height.

“This was a wholly avoidable incident, caused by the failure to implement simple fall protection measures. Had the company used suitable work equipment or devised a safe system of work, Mr Pywell’s tragic death could have been avoided.

“Our thoughts remain with his family and friends.”

Further information: 

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE has detailed guidance on working safely at height.
  5. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.

Firm fined more than £500,000 after shift worker fell to his death

A North Yorkshire company has been fined more than half a million pounds after a night shift worker fell to his death.

Mark Pinder, 51, was working for East Riding Sacks Ltd, a manufacturer of paper sacks, at its site in Stamford Bridge, near York, when the incident happened on 11 February 2023.

Mr Pinder, from York, had been operating one of the production lines when a blockage occurred on the upper deck of the machinery. After identifying the cause, he attempted to remove the blockage. He had been standing on the stationery metal rollers when his colleagues witnessed part of the machine being activated. Mr Pinder was struck by the machine which caused him to lose his footing.

Mark Pinder fell from a height of approximately three metres

He fell approximately three metres from the unguarded edge of the metal rollers to the factory floor below.

Although paramedics were called to the factory, he died at the scene as a result of his injuries.

An investigation by the Health and Safety Executive (HSE) found that East Riding Sacks Ltd failed to provide a robust safe system of work. This related to the isolation of the sack making line and the removal of blockages. They also failed to identify the risk from a fall from height and implement appropriate measures.

Falls from height remains one of the leading causes of workplace injury and death and HSE has detailed guidance on working safely at height.

The pusher plate and metal rollers which Mr Pinder stood on

The HSE investigation also found that workers routinely cleared blockages themselves, relying solely on the interlock guarding to stop the machine, even though they had not been adequately trained in isolation or blockage removal procedures. In addition, workers were using the conveyor belt as a shortcut between gantries, often climbing over the handrails onto the equipment rather than down the stairs and walking around. Management were unaware of this practice.

HSE guidance states employers must take effective measures to prevent access to dangerous parts of machinery and to avoid work at height where possible. Where routine access is required to components, suitable measures should be taken to stop the movement of dangerous parts before a person can reach a danger zone. Further guidance can be found here: https://www.hse.gov.uk/work-equipment-machinery/puwer-overview.htm

East Riding Sacks Ltd, of Full Sutton Industrial Estate, Stamford Bridge, Full Sutton, York, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 . The company was fined £533,000 and ordered to pay £6,066 in costs at Hull Magistrates Court on 30 April 2025.

Open edge on the left of the blue railings is where the fall occurred

HSE inspector Elliot Archer said: “Every year, a significant proportion of accidents, many of them serious and often fatal, occur as a result of people accessing dangerous parts of machinery and working at height.

“Where access beyond machinery guarding and safety devices is required for the removal of blockages, robust isolation procedures to remove all sources of power should be implemented alongside a suitable safe systems of work.

“Had these been in place, and the recognition of work at height being undertaken been flagged by the company, with appropriate controls implemented, this incident would have been avoidable”

This HSE prosecution was brought by HSE enforcement lawyer Karen Park and paralegal officer Lucy Gallagher.

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. Guidance on the provision and use of work equipment can be found here: https://www.hse.gov.uk/work-equipment-machinery/puwer-overview.htm
  5. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so. The sentencing guidelines for health and safety offences in England can be found here and those for Scotland here.

Community order for builder after man fell through barn roof

A self-employed builder has been told to complete 200 hours unpaid work after a man fell more than 13 feet through a barn roof in Lancashire.

James Dargan-Cole, 25, of Todmorden, had failed to put arrangements in place to either avoid the working at height completely or prevent a fall while doing so.

Jacob Thomas fell through one of the barn roof’s skylights

Twenty-nine-year-old Jacob Thomas, who was a self-employed labourer, suffered serious injuries at Great House Farm, Great House Road, on 13 April 2023. The incident happened during his first day on the job, when he had been removing wooden boarding behind the roof of a lower barn structure. Mr Thomas took a step and fell through one of the skylights to the floor below. His horrific injuries included a brain haemorrhage as well as multiple fracturs including to his skull, the sternum, the spine and the shoulder.

An investigation by HSE found that as well as failing to consider the work at height, the roof in question also contained asbestos fibres. Dargan-Cole lacked the understanding of the risks and the associated controls to manage the risks whilst dismantling the lower barn structure.

James Dargan Cole failed to put arrangements in place for the working at height

HSE’s campaign “Asbestos and You” reminds tradespeople about the dangers of asbestos and the importance of working safely with it. Asbestos can be found in buildings built before 2000 and is still the biggest workplace killer in Britain, causing around 5,000 deaths every year. When disturbed, asbestos releases tiny fibres that can cause fatal lung diseases and cancers. More information can be found at: Asbestos & You – Work Right to keep Britain safe.

James Dargan-Cole, of Eastwood Road, Todmorden, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974. He was handed a 12 month community order with 200 hours unpaid work in the community and ordered to pay £2,500 in costs at Leeds Magistrates’ Court on 1 April 2025.

The ladder used to access the roof of the barn

Principal inspector Paul Thompson from HSE said: “Mr Thomas suffered horrific injuries due to the failure to ensure protective fall prevention or collective fall mitigation measures were in place. These are well known and long standing within the industry.

“This incident came about as a result of poor planning, management and monitoring of activities during work at height. I hope this case serves as an example and a reminder to others about the potential deadly risks they often undertake and how they should be approached.”

This prosecution was brought by HSE enforcement lawyer Matthew Reynolds, who was supported by HSE paralegal officer Rebecca Forman.

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. Guidance on working safely at height and working with asbestos is available.
  5. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.

Fines for company and operations manager after death from 20-foot fall

A company and its operations manager have both been fined after a man fell to his death through a roof at its site in Dudley.

Maciej Rozanski, who was 42, had been working to remove a redundant steel cleaning machine from the company’s Sovereign Works site on Deepdale Lane, on 29 June 2018. However, during the work, Mr Rozanski stepped onto a fragile roof and fell more than 20 feet to the floor below. He suffered serious injuries and was pronounced dead at the scene.

Maciej Rozanski, who was 42, had been working to remove a redundant steel cleaning machine from the company’s Sovereign Works site on Deepdale Lane in Dudley

Surface Technik (Old Hill) Limited, which is now in liquidation, was found guilty following a trial earlier this week, while Robert Hammond had already entered a guilty plea, but disputed he was responsible for health and safety at the site. This prosecution was brought following an investigation by the Health and Safety Executive (HSE).

The HSE investigation found that the company began the work to remove the machinery in December 2017 and that project was led by Robert Hammond. The steel cleaning machine was housed in a corrugated steel tower on the side of the main production building which required partial dismantling in order to remove the machine. On the day of the incident, Mr Rozanski and another employee were tasked with the dismantling works. Once at the top of the tower they used an angle grinder to remove bolts holding the corrugated steel plates in place. It was during this activity that Mr Rozanski fell to his death.

Mr Rozanski stepped onto a fragile roof and fell more than 20 feet to the floor below

There was no suitable and sufficient risk assessment made for the work at height activities.  The work to remove corrugated steel sheets from the disused tower was carried out at height, near to a fragile roof surface without suitable access equipment or safe working practices.  The work was not properly organised, planned, appropriately supervised or carried out in a safe manner and the employees were not trained for working at height when the incident occurred.

Surface Technik (Old Hill) Limited formerly of Deepdale Lane, Dudley was found guilty by a jury of a breach of Section 2 (1) of the Health and Safety at Work etc. Act 1974 and have been fined £90,000 and ordered to pay costs of £28,956 at a hearing at Wolverhampton Magistrates Court on 21 March 2025.

Robert Hammond of Sutton Coldfield accepted that he did not take reasonable care for the health and safety of both employees when he pleaded guilty to breaching Section 7 of the Health and Safety at Work etc. Act 1974. Mr Hammond was fined £8,500 and pay the same amount in costs.

Speaking after the hearing, HSE inspector Sarah Smewin said “Working from height remains a leading cause of workplace death and injury.

“This case highlights the risks of working at height from or near to fragile roof surfaces and the importance of a risk assessment, proper planning, training and supervision of work at height and the use of suitable access equipment to ensure that the work can be carried out safely.

“It also demonstrates that placing a company into liquidation is no bar to prosecution.”

This HSE prosecution was brought by HSE enforcement lawyer Andrew Siddall and paralegal officer Gabrielle O’Sullivan.

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. Relevant guidance can be found here Work at height – HSE; Fragile surfaces – HSE
  5. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.
  6. HSE will always carefully consider any insolvency process and weigh that against the public interest of prosecuting a company that breaks the law.
  7. If necessary, we will take steps to prevent a company from being dissolved whilst criminal proceedings are ongoing.

Property developer fined for multiple construction site failures

A London property developer has been fined £63,000 plus costs after Britain’s workplace regulator found multiple failures at a construction site in Dalston.

Nofax Enterprises Limited was investigated by the Health and Safety Executive (HSE) following four visits to its site on Dalston Lane over a 13 month period between 2020 and 2021. The company was overseeing the construction of a four storey building on the site, containing nine flats and large basement to house a youth club.

Nofax Enterprises were served with nine enforcement notices for a catalogue of failures

However, the failures identified by HSE inspectors – including multiple working at height risks, poor fire precautions and exposure to large amounts of silica dust – were so serious, that they resulted in the site being closed down on two separate occasions. Other breaches of the law included failing to protect workers from exposure to wood dust, as well as insufficient covid and welfare controls.

Nofax Enterprises were served with nine enforcement notices for a catalogue of failures

In total, 9 enforcement notices were served against the company for the Dalston Lane site, including five prohibition notices. The subsequent HSE investigation included inspections at other sites operated by the company, identifying a poor health and safety culture and systemic management failings.

Owing to the repeated poor performance and lack of compliance to basic health and safety, Nofax Enterprises Limited, of Maldon, Essex pleaded guilty to breaches of sections 2(1) and 3(1) of the Health & Safety at Work etc. Act 1974. Following the hearing at Southwark Crown Court on 18th March 2025, the company was ordered to pay a total of £88,812.68 which included a fine of £63,000, costs of £25,622.

Nofax Enterprises were served with nine enforcement notices for a catalogue of failures

In summing up, the judge stated that despite repeated visits by HSE and multiple notices being served, risks subsisted over a long period and the company failed to make any appropriate changes. The judge concluded by saying that there had been a systemic failure within the organisation to manage health and safety.

After the hearing, HSE inspector Gordon Nixon said: “This company showed a total disregard to keeping its workers safe.

“They failed to meet even the most basic health and safety standards, continually exposing operatives to serious risks.

“HSE will not wait until workers are seriously injured, or worse and will take appropriate action including prosecutions when health and safety regulations are so blatantly flouted.”

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.