Health and Safety Executive (HSE) prosecutions

The team at Olliers represent individuals and businesses across a variety of sectors, so it is both interesting and important to keep up to date with the work of the Health and Safety Executive, including their approach to enforcement and the outcomes when they decide to prosecute.  

Below, our Head of Regulatory, Gareth Martin looks at some of the most notable prosecutions that have concluded since our last round-up. 

Landlord Improvement Notice – September 2024

A landlady who the HSE said “chose to flagrantly ignore the support, guidance and warnings from the HSE to assist her in compliance”, was given a 26-week custodial sentence which was suspended for 12 months and made the subject of an electronically monitored tag for 4 months. The landlady had been served with an Improvement Notice by HSE, but she ignored this and other requests for her to undertake gas safety checks. Her tenants were left with a boiler that would often mean they had no heating or hot water; added to that they also had a cooker which had been condemned for years.

The landlady claimed that she could not afford to maintain the property and undertake the appropriate gas safety checks because the tenants had moved out and had not been paying their rent. However, an HSE investigation found that she had in fact been in receipt of full rent from the tenant.

On 02 September 2024, the landlady pleaded guilty to three offences contrary to s21 of the Health and Safety at Work etc Act 1974 and s36(2) and 36(3) of the Gas Safety (Installation & Use) 1998. In addition to the sentence, the District Judge also made a remediation order requiring her to undertake the gas safety works by 6 December 2024.

Cases such as this should serve as a very stark reminder to anyone entering the letting market, that their obligations towards tenants should not be taken lightly and the HSE will not hesitate to take action against those who place their tenants at serious risk of injury or worse.

Lifting Operations and Lifting Equipment – September 2024

On 16 September 2024, the construction company Balfour Beatty was fined £285,000 and ordered to pay £21, 768.88 in costs at Birmingham Crown Court. The company had pleaded guilty to breaching Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulations 1998.

The case followed the death of a 62-year-old worker who fell 10 metres to the ground during the construction of a new engineering hall at the University of Birmingham in January 2020. A second worker sustained injuries to his spine, pelvis and thigh when the scissor lift the pair were using was pushed over by a nearby crane.

An HSE investigation found that Balfour Beatty, as the principal contractor, should have implemented better controls and better communication between contractors which could have prevented the incident.

Safe use of machinery – October 2024 

Jacksons Bakery, a leading supplier of bread in the commercial sandwich making sector, was fined £366, 666 and ordered to pay more than £5,000 in costs at Wellingborough Magistrates’ Court on 03 October. The company had pleaded guilty to contravening a requirement of s2(1) of the Health and Safety at Work etc Act 1974. 

An HSE investigation found that the company had failed to ensure the health, safety and welfare of its employees. The failures were uncovered after an engineer lost a finger when it was caught in a flour sifting machine at a site in Northamptonshire. The HSE found that there had been a failure to implement a safe system of work to ensure that machinery was isolated and locked off during maintenance work. There were also more general concerns about adequate training and instruction, as well as an absence of adequate supervision and monitoring of staff. 

Working at height – October 2024 

On 18 October 2024, a farmer, Mr T, from Hampshire was given a six month custodial sentence, suspended for 18 months; he was also ordered to pay £2000 in costs at Winchester Crown Court having pleaded guilty to breaches of s2(1) and s3(1) of the Health and Safety at Work etc Act 1974.

The case followed a joint investigation by the HSE and Hampshire Constabulary when a self-employed labourer fell to his death whilst dismantling a cow shed at Mr T’s farm in June 2021. The investigation found that Mr T had failed to put arrangements in place to either avoid working at height, prevent a fall or mitigate the consequences of a fall. In addition, none of those involved in dismantling the roof were competent enough to work at height as they lacked even a basic understanding of the risks, and the associated controls required to manage such risks.

Such cases are a very real reminder of the tragic consequences of poor preparation and appropriate consideration of health and safety risks.  

Loss of finger – November 2024 

Proline Engineering Limited of Worsley, Greater Manchester was fined £500,000 and ordered to pay more than £5,000 costs at Manchester Magistrates’ Court on 06 November 2024. The company had pleaded guilty to breaching s2(1) of the Health and Safety at Work etc Act 1974.

The prosecution was brought when a young apprentice lost the use of two fingers when using a horizontal bandsaw in November 2022. An HSE investigation found that the apprentice, who was just a month into his placement, had been working unsupervised when he noticed that the bandsaw was not completing a full cut due to a build-up of debris.  Whilst attempting to clear the debris, his fingers came in contact with the moving blade which severed one finger instantly and severely damaged another. 

The investigation found that the company had failed to carry out a suitable and sufficient risk assessment. It also uncovered inconsistent and inadequate training and supervision for those who used the bandsaw.

Whilst it is of course commendable that companies are committed to bringing new talent to their various sectors and trades, cases such as this highlight the importance of recognising that inexperience is a key consideration when it comes to assessing and managing risk, particularly when it comes to operating potentially dangerous machinery.

Fatal crush by lorry – November 2024 

A company was fined £1.28 million after an employee was fatally crushed by a delivery lorry at The Cornwall Bakery, Callington in December 2021. The victim was an intake operator at the bakery and had been moving strip curtains in the loading bay when he was struck by the lorry.

An HSE investigation found that Samworth Brothers Limited which operated the site had not assessed the risks associated with temporarily installed strip curtains and there was no safe system of work in place to move them when lorries were reversing in the loading bay. 

The company of Melton Mowbray, Leicestershire, pleaded guilty to breaching s2(1) of the Health and Safety at Work etc Act 1974 and in addition to the fine were ordered to pay more than £24,000 in costs at Plymouth Magistrates’ Court on 7 November 2024.

Legionella risk assessments – December 2024

Amey Community Limited was fined £600,000 and ordered to pay £15, 186.85 costs at Lincoln Magistrates’ Court on 3 December 2024. The company had pleaded guilty to breaching s3(1) of the Health and Safety at Work etc Act 1974.

The case was brought following the death of an inmate at HMP Lincoln in December 2017. The inmate had contracted Legionnaires’ disease whilst serving a sentence at the prison where Amey Community Limited provided facilities management services. An HSE investigation found that the company had failed to act on a risk assessment from 2016; failed to put in place a written scheme for preventing and controlling the risks associated with legionella; failed to ensure that appropriate water temperatures were maintained and failed to monitor water temperatures in the system during October and November 2017 which allowed the legionella bacteria to multiply rapidly.

Lack of risk assessment – December 2024

On 17 December 2024, Premier Attractions Limited was fined £28,000 at South Tyneside Magistrates’ Court, having pleaded guilty to offences contrary to s2(1) and s33(1)(a) of the Health and Safety at Work etc Act 1974. The company was also ordered to pay almost £6,000 in costs.

An HSE investigation into the death of a fairground operator who almost two weeks after suffering serious head injuries whilst working on a ride at Ocean Beach Pleasure found that the company had failed to ensure the health and safety of its employees.

The investigation concluded that there was no suitable and sufficient risk assessment, and no proper controls employed to prevent workers accessing dangerous areas whilst the ride was operating. 

Commentary 

We will, of course, cover the cases concluded in January as part of our next update but 2025 has already seen a number of companies from various sectors fined hundreds of thousands of pounds for often wholly avoidable incidents and accidents.  

Our summary of just some of the cases finalised at the end of 2024 highlights not only the significant and far-reaching consequences of poor health and safety procedures but also reminds us that these issues are not limited to just one or two sectors rather they permeate everything from the small family farm to the local funfair, as well as the multi-national food processing plant. No matter the size of the business or the background of the companies or individuals involved they must all adhere to and effectively implement suitable and sufficient health and safety procedures to protect everyone concerned.

Olliers’ Specialist Health and Safety Lawyers 

If the HSE decides to investigate or worse still prosecute you or your business, it is important that you seek immediate legal advice and assistance. The team at Olliers have a wealth of experience when it comes to defending employers, employees and companies facing investigation and prosecution, so get in touch today. 

Recent Cases 

• HSE v C- currently instructed by a multinational meat processing company in respect of proceedings brought by the HSE following an incident which resulted in an employee amputating a finger. 

• HSE v B- instructed by a roofing company in relation to an ongoing HSE investigation into a fall from height incident which sadly led to the death of a sub-contractor. 

• HSE v N- providing advice and assistance to a telehandler driver under investigation by the HSE following the death of a male on a construction site.  

• R v S- representing one of four individuals facing trial for manslaughter as a result of an incident on the Manchester Metrolink in 2016.