HSE: Latest Prosecution Results: March 2025

Construction firm fined as HSE inspection identifies catalogue of failures

A renovation company in South Wales has been sentenced after defying enforcement notices from the Health and Safety Executive (HSE).

Inspectors say Greenlife Property Developments Ltd failed to heed their warnings about the dangers posed to workers by a two-and-a-half metre deep excavation of the entire back garden of a house in Pit Place, Cwmbach, Aberdare.

The HSE inspection of the refurbishment works in September 2023 followed up on reports of unsafe construction work. It found that:

Employees were observed working within the excavation, which was approximately 2.5 metres deep.
The sides of the excavation were vertical, leaving a risk of rubble subsiding or collapsing without warning.
The site had not been secured to prevent unauthorised access.
There was no risk assessment for the refurbishment works and no safe system of work.
Craig Lewis, managing director at Greenlife Property Developments Ltd, was present on site at the time.

Following the inspection HSE served Greenlife Property Developments Ltd with a Prohibition Notice, requiring the firm to stop construction work within the excavation until it had corrected defects under a safe system of work. There was an immediate risk of serious injury to employees, working inside the excavation, including of burial from falling rubble.

Two Improvement Notices were also served, one requiring the company to secure the site, preventing unauthorised access, while the other ordered the firm to obtain advice on the risks to workers inside the excavation and implement a safe system of work.

A subsequent HSE investigation found Greenlife Property Developments Ltd breached the Prohibition Notice by continuing construction work inside the excavation. The company also failed to comply with one of the Improvement Notices as it did not obtain advice on the risks to workers inside the excavation and implement a safe system of work. Mr Lewis ignored repeated attempts by HSE to contact him in relation to the notices served and the conditions on site, and attempted to deceive HSE by providing false information in relation to the actions taking by the company to comply with the notices.

HSE guidance states that excavation work must be properly planned and carried out to prevent accidents. Precautions should be taken, including against collapse of the sides, materials falling onto people working in the excavation, and undermining nearby structures. Further guidance can be found here.

Brothers fined for failing to protect public from cattle

Two brothers have been sentenced for failing to protect members of the public from their cattle.

An investigation by the Health and Safety Executive (HSE) found Andrew and David Turnbull failed to offer and display signs of an alternative route to a public right of way in their field in the Coalsgarth Valley, North Yorkshire.

HSE prosecuted the pair following the death of former teacher David Clark, who was killed by a herd of cows while crossing the right of way on 21 September 2020.

The 59-year-old had been running with his two dogs when he was surrounded by a numbers of cows, and then struck to the ground.

Witnesses reported that one of the cows then turned back and ran towards Mr Clark, causing a fatal blow to his chest.

The father-of-three was pronounced dead at the scene by paramedics.

HSE guidance suggests a number of reasonably practicable ways that farmers, landowners and other livestock keepers should follow to control the hazards for walkers when keeping cattle in fields where the public have access.

These all start through properly assessing the risks posed by cattle to users of public footpaths and implementing suitable protective and preventative measures to minimise those risks so far as is reasonably practicable. Further guidance can be found here.

Members of the public can find out about steps to safely enjoy the countryside and respect farming activities by following Government advice in The Countryside Code – GOV.UK (www.gov.uk).

Advice includes:

Give livestock plenty of space. Their behaviour can be unpredictable, especially when they are with their young.
Keep your dog under effective control to make sure it stays away from livestock. It is good practice wherever you are to keep your dog on a lead around livestock.
Let your dog off the lead if you feel threatened by livestock. Releasing your dog will make it easier for you both to reach safety.

Animal feed manufacturer fined after employee’s arm severed

An East Yorkshire company has been fined more than half a million pounds after an employee’s lower arm was severed when it became entangled in a conveyor.

Bartosz Gaj, a blender operative, had been attempting to clear a blockage at AB Agri Limited’s premises in Fridaythorpe, Driffield on 3 November 2021.

Mr Gaj’s hand was drawn into the conveyor mechanism, severing the 34-year-old’s right arm below the elbow. He had only been working at the company for a few months at the time of the incident. As a result of his life-changing injury, Mr Gaj was unable to return to work for more than two years. He has had to adapt all aspects of his daily life.

The conveyor had been installed a few months before the incident and was prone to blockages which needed to be cleared by pulling out a manual slide plate, removing the accumulated material and resetting a cut-off switch.

The Health and Safety Executive (HSE) investigation found that operatives routinely cleared blockages themselves if they could be done quickly, even though they had not been adequately trained in isolation procedures. There had been no review of the risk assessment for operating the conveyor, when the new conveyor was installed.

The investigation also found that there was no system for checking that guards and safety features were in place prior to using the conveyor.

HSE guidance states that effective measures should be taken to prevent access to dangerous parts of machinery. In addition, machinery should be isolated before interventions are carried out. Employees should be adequately trained in isolation procedures. Further guidance is available on the HSE website.

Hydraulics company fined after worker’s legs trapped in machine

A hydraulics company, with locations throughout the UK, has been fined after an employee became trapped in a machine that he was working on at a customer’s premises in Plymouth.

David Lawrence, a 63-year-old engineer, was undertaking fault finding on a laser cutting machine for Pearson Hydraulics Ltd, on 26 July 2023, when the cutting bed of the machine dropped and trapped both of his legs. After spending five weeks in hospital, Mr Lawrence had to have his right leg amputated above the knee. Despite extensive surgery to save his left leg, Mr Lawrence faces the possibility of having it amputated in the future.

An investigation by the Health and Safety Executive (HSE) found that Pearson Hydraulics Ltd did not have a safe system of work in place for maintenance activities carried out by its engineers at its customer’s premises. It failed to carry out a suitable and sufficient risk assessment of the work to be undertaken by Mr Lawrence and there had been a total failure to monitor and supervise his work. The investigation also identified that Mr Lawrence had not been adequately trained by his employer and that his knowledge of hydraulic systems on laser cutting machinery was inadequate, preventing him from carrying out the work safely.

HSE guidance stresses that it is important these situations are properly assessed. Workers carrying out maintenance activities may need to undertake significant regular risk assessment (as the situation may develop and change in ways that could not be foreseen at the outset. Further information can be found here.

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.

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.

Exposure to either wood or silica dust can result in very serious and life threatening health conditions, including asthma, nasal and lung cancers, chronic obstructive pulmonary disease and silicosis. HSE provides a range of guidance for stone workers and those working with wood.

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.

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

Man fell through fragile roof in Dudley.
Company, now in liquidation, does not escape criminal sanction
Detailed guidance on both working on fragile surfaces and working at height is available from HSE.

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.

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.

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.