Cosmetics firm fined after HSE inspection found serious failings
A cosmetics company in Yorkshire has been fined more than £50,000 after an inspection by Britain’s workplace regulator uncovered serious electrical failings.
Inspectors from the Health and Safety Executive (HSE) conducted an unannounced inspection at the premises of Sabel Cosmetics Limited on Pellon Lane in Halifax on 5 July 2022.
During the visit, the inspectors uncovered electrical deficiencies that posed serious risks of both electric shock and electrocution to workers.
HSE found there was a systemic failure within the company to address the risks identified with the electrical systems
A subsequent investigation by HSE found there was a systemic failure within the company to address the risks identified with the electrical systems. The inadequate construction and maintenance of the electrical system at the premises presented an immediate risk of employees coming into direct contact with exposed live parts on equipment and machinery within the company premises. The company allowed the breaches to subsist over a long period of time.
Sabel Cosmetics Ltd of Pellon Lane, Halifax, West Yorkshire pleaded guilty to breaching Regulation 4 (1) of the Electricity at Work Regulations 1989. The company was fined £56,695 and ordered to pay £5,949 in costs at Leeds Magistrates Court on 10 October 2024.
After the hearing, HSE inspector Andrea Jones commented: “This case shows the importance of HSE inspections to help ensure health and safety risks are being managed effectively and protect people at work.
“It is essential that electrical wiring installations and electrical equipment are constructed and maintained in a safe condition to prevent injuries or even worse, death.
“In this case, simple inexpensive steps could have been taken to remedy the most serious defects, instead the company’s inaction has resulted in more than £60,000 in fines and costs.”
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 in England and Wales can be found here and for those in Scotland 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.
Site manager issued suspended sentence after death of young father
The site manager of a waste and recycling company has been given a suspended prison sentence following the death of a young father at a site in Dewsbury.
Wayne Griffiths, who was also a former director of Arthur Brook Limited, was given a ten-month custodial sentence, which was suspended for 18 months. It followed the death of 26-year-old Sebastian Luke Martin at the firm’s Low Mill Lane facility on 21 September 2018.
Father-of-two Mr Martin, known as Luke, was drawn into a conveyor and suffered multiple injuries that resulted in him being taken to hospital where he died two days later.
The aftermath of the incident at the company’s Low Mill Lane facility in Dewsbury
An investigation by the Health and Safety Executive (HSE) found that on the day of the incident, a large number of guards including both perimeter and conveyor guards on the machinery known as ‘The Frag’ had been removed to allow metal containing material to be reprocessed with the aid of a mini digger operated by Luke.
Griffiths was responsible for the Frag – from its initial conception and construction, to the development of systems of work and employee training. He was directly involved in the day to day operation of the machine and this included the maintenance operations. Guards had been removed and not replaced and yet he allowed Luke to work on the Frag with the machine in a dangerous condition for two days prior to the incident, putting him at risk of serious personal injury. Luke left the digger cab and approached the unguarded machinery. He was drawn into the conveyor crushing his arm and upper body which ultimately lead to his death.
Arthur Brook Limited of Queens Mill, Low Mill Lane Ravensthorpe, Dewsbury pleaded guilty to breaching Section 2(1) of the Health & Safety at Work etc Act 1974. Wayne Griffiths also pleaded guilty to breaching Section 37(1) of the Act as the breach of Section 2(1) by Arthur Brook Limited occurred with his consent, connivance, or neglect. The company has been fined £200,000 and ordered to pay £43,000 in costs.
Wayne Griffiths was sentenced to 10 months for pleading guilty at the first opportunity, suspended for 18 months during which time he must complete 200 hours of unpaid work and pay costs of £10,000.
After the hearing, HSE inspector Louise Redgrove commented: “
“The incident could easily have been avoided if the company and Wayne Griffiths had taken effective measures to ensure all guards were maintained and in place prior to operating the Frag machine.”
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.
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.
Farmer fined after friends had to climb tree to escape cow attack
Woman left with broken ribs and life-changing internal injuries
A woman and her friend had to climb up a tree to escape an attack by more than a dozen cows on a public right of way in North Yorkshire.
Janicke Tvedt and David Hood had set out on a popular circular walk from Masham with pet Labrador Goose, who was on his lead, on 25 July 2021. Part of their walk took them across the fields and public rights of way near Shaws Farm.
Janicke Tvedt had to be airlifted to hospital following the incident
After entering a field off Foxholme Lane, the pair noticed several cattle in a field the path cut across, including cows with calves, so decided to give them a wide berth, passing through a narrow opening in a hedge. However, as they did, they then spotted a lone cow with two calves, and within seconds their dog was attacked.
Although they all managed to get away, they were soon cornered by other cows and 57-year-old Ms Tvedt was knocked to the ground and trampled. She was helped up by her friend, but at a nearby tree they found themselves surrounded by around 15 cows and had to climb a tree to escape a further attack.
Ms Tvedt was airlifted to hospital suffering seven broken ribs, hoof marks on her chest and legs, a broken thumb, and life changing severe internal injuries that required emergency surgery. She remains severely restricted in her mobility almost three years on, but is keen to share her experience to help raise awareness of the dangers posed by cattle in fields with public rights of way.
“I had the imprints of hoof marks, bruises, cuts and grazes all over my body,” she said.
“I was convinced that if I fell asleep, I would never wake up.
“I still have anxiety when on walks in the countryside and am always on alert for the presence of cattle.
“We live in a rural community and there are lots of footpaths around the fields in the area and I do not want other peoples lives to be at risk.
“I want to ensure the emphasis of my story is to improve awareness of the dangers of cows, particularly those in fields with footpaths.
“I am determined not to take on the mantle of being a victim as it’s disempowering.”
Janicke Tvedt sustained serious injuries after being attacked by cows on a walk in North Yorkshire
An investigation by the Health and Safety Executive (HSE) found that livestock were being kept in a field with a public right of way across it and insufficient measures were taken to protect members of the public from cattle and calves. A sign warning the public of the cattle had been destroyed and not replaced.
Cows are known are known to be protective of their calves and unpredictable. They can pose a risk to walkers, especially to those with dogs.
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 Falshaw of Falshaw Partners, Shaws Farm, Swinton, Ripon, North Yorkshire pleaded guilty to breaching Section 3 (2) of the Health & Safety at Work etc Act 1974. He was fined £770.50 and ordered to pay £4,539 in costs.
After the hearing, HSE principal inspector Howard Whittaker said: “The injuries sustained by Janicke have been devastating and completely changed her life.
“However, given the nature of the attack, the end result could have been far worse and resulted in two people losing their lives.
“Public knowledge – and concern – is increasing about how dangerous cattle can be. We completely echo the countryside code which urges walkers to beware of the dangers. On this occasion, the pair tried to stay well away.
“Cattle are extremely protective of their calves and even calm cattle can become aggressive if they think the calves may, in any way, be threatened, even by members of the public walking past.
“Where possible, farmers should avoid putting cattle, especially cows with calves, in fields where members of the public have a legal right to walk.
“Had Martin Falshaw followed this advice, or effectively segregated the cattle, this incident could have been prevented.”
This prosecution was brought by HSE enforcement lawyer Rebecca Schwartz and supported by paralegal officer Lucy Gallagher.
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.
