HSE: Latest Prosecution Results: August Edition
HSE Prosecutions August
In August, several significant prosecutions by the Health and Safety Executive (HSE) highlighted ongoing issues with workplace safety across various industries in the UK. The latest cases involve severe breaches of health and safety regulations, resulting in hefty fines and, in some instances, criminal charges. These prosecutions serve as a stark reminder of the legal and financial consequences businesses face when they fail to prioritise worker safety. These are some key cases from August, shedding light on the HSE’s continued efforts to enforce compliance and promote a culture of safety in the workplace.
Company fined £160,000 after worker loses legs
A company has been fined £160,000 after an employee lost both legs whilst working at its site near Warrington.
On 20 June 2022, Andrew McAuley, from Runcorn, an employee of William Stobart & Son Limited was picking orders at the firm’s warehouse in Appleton Thorn.
The 64-year-old was working in close proximity to a forklift truck (FLT) which was being used to load pallets of slate tiles onto a waiting truck. The FLT was carrying two pallets, one on top of the other. The top pallet was not secured to the one below, and when the driver turned the vehicle, both pallets became detached from the forks, with the upper pallet striking Mr McAuley, crushing his legs.
Mr McAuley had to have both legs amputated below the knee. He has been left dependent upon a wheelchair and unable to drive or climb stairs, leading to the need for extensive adaptations to the family home.
An investigation by the Health and Safety Executive (HSE) found that William Stobart & Son Limited failed to ensure this area of the warehouse was organised so that vehicles and pedestrians were segregated and circulated in a safe manner and loads were secured so far as was reasonably practicable.
William Stobart & Son Limited, of Ashville Way Industrial Estate, Sutton Weaver, Runcorn, Cheshire pleaded guilty to breaching regulation 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £160,000 and ordered to pay £4,478 costs at a hearing at Warrington Magistrates Court on 30 July 2024.
Companies fined after dad crushed to death by machine
Two companies have been fined after a father-of-three was crushed to death by a machine.
The Health and Safety Executive (HSE) investigation found the incident was entirely avoidable and Russell Hartley would still be alive had this work been planned, managed and monitored to a sufficient standard.
Mr Hartley, was a self-employed engineer from Sheffield who had been hired by Premier Engineering Projects Ltd to replace machinery at a materials recycling facility on Twelvetrees Crescent, Bow, London.
The 48-year-old led a group of four engineers tasked with replacing a Trisomat screen, known colloquially as a ‘flip-flop’, on 24 February 2020, when the incident occurred.
The flip-flop, a machine that sorts different sizes of waste, was fixed within a metal structure at height in a bay at the site.
The crane, supplied by M&M Mobile Crane Hire Ltd, was first used to lower the flip-flop from its position at the site.
Mr Hartley, who also had three grandchildren, then took over using a telehandler. With the flip-flop resting on the telehandler’s forks, the machine began to go further down the bay.
The flip-flop became jammed in the bay when Mr Hartley attempted to reverse the telehandler.
The crane was then used again to lift the flip-flop off the telehandler, which unknown to the workers, had its forks slightly raised above ground level.
As the crane moved towards the telehandler, the flip-flop toppled forwards off the forks and crushed Mr Hartley. Another worker, who was standing on the flip-flop at the time, was thrown off the machine but escaped serious injury.
The HSE investigation found that two contractors, Premier Engineering Projects Ltd and M&M Mobile Crane Hire Ltd, failed to ensure the safety of those involved in carrying out the replacement of the Trisomat screen. The work being undertaken was not properly planned, supervised or carried out safely, and the assessment of the risks arising from the work was both unsuitable and insufficient. Mr Hartley was working with nine other engineers, also hired by Premier Engineering Projects, as well as three workers from M&M Mobile Crane Hire Ltd at the site.
Grampian Health Board prosecuted after death of patient
Grampian Health Board has been prosecuted after the death of a patient in Aberdeen.
Grampian Health Board, also referred to as NHS Grampian, pleaded guilty following the death of 40-year-old Vincent Mulsant at the Royal Cornhill Hospital on 28 March 2020.
The Board is responsible for commissioning health and care services for the residents in the local authority areas of Aberdeen City, Aberdeenshire and Moray.
Mr Mulsant had been admitted to the hospital on 31 December 2019. He had managed to abscond from the ward in two separate incidents, on 19 and 22 February, which resulted in him being placed under constant supervision.
An investigation by the Health and Safety Executive (HSE) found that Grampian Health Board had failed to adequately manage the risks posed to a patient’s health and safety.
Aberdeen Sheriff Court heard how on 28 March, two staff members found Mr Mulsant lying on the bathroom floor. Despite their efforts and those of paramedics in attendance, Mr Mulsant was pronounced dead at the scene.
As a result of this incident, changes have been made to the management of in-patient wards within Royal Cornhill Hospital.
On 8 August 2024, Grampian Health Board pleaded guilty to breaching Sections 3(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974 and were fined £60,000 with a £4,500 victim surcharge.
Woodworking company fined following collision death
Grampian Health Board has been prosecuted after the death of a patient in Aberdeen.
Grampian Health Board, also referred to as NHS Grampian, pleaded guilty following the death of 40-year-old Vincent Mulsant at the Royal Cornhill Hospital on 28 March 2020.
The Board is responsible for commissioning health and care services for the residents in the local authority areas of Aberdeen City, Aberdeenshire and Moray.
Mr Mulsant had been admitted to the hospital on 31 December 2019. He had managed to abscond from the ward in two separate incidents, on 19 and 22 February, which resulted in him being placed under constant supervision.
An investigation by the Health and Safety Executive (HSE) found that Grampian Health Board had failed to adequately manage the risks posed to a patient’s health and safety.
Aberdeen Sheriff Court heard how on 28 March, two staff members found Mr Mulsant lying on the bathroom floor. Despite their efforts and those of paramedics in attendance, Mr Mulsant was pronounced dead at the scene.
As a result of this incident, changes have been made to the management of in-patient wards within Royal Cornhill Hospital.
On 8 August 2024, Grampian Health Board pleaded guilty to breaching Sections 3(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974 and were fined £60,000 with a £4,500 victim surcharge.
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