Fines for repair firm and its director after man crushed at London garage
A garage has been fined £12,000 after a customer was crushed by his own vehicle at a garage in North London.
Tottenham resident Mahmut Emanet is “lucky to be alive”, according to an inspector from the Health and Safety Executive (HSE).
Mr Emanet spent six days in a critical care unit after he sustained serious crush injuries in the incident. He has been left with permanent and life changing injuries.
The 62-year-old had taken his company vehicle to be serviced at Silver Street Service Garage Limited on College Close, on 15 August 2022. The company director, Mr Seyit Dilek, left him standing under the vehicle while it was raised on a vehicle lift. As Mr Dilek walked away it fell off the lift and on to Mr Emanet.
Mr Emanet was crushed under his own vehicle at the garage
While Mr Emanet was a member of the public who survived this incident, not everyone is so lucky. HSE has previously warned workers of the dangers of poorly supported vehicle.
In total, 24 workers in the motor vehicle repair industry have been killed in work-related accidents in the last five years, with the fatal injury rate in the motor vehicle repair industry around five times the average rate across all industries. Recent research suggests that over half of all fatal injuries in the sector were caused by work under a poorly supported vehicle.
Company director Seyit Dilek left him standing under the vehicle while it was raised on a vehicle lift
The HSE investigation found that Silver Street Service Garage Limited failed to ensure that members of the public were not exposed to health and safety risks. The company also failed to ensure that the equipment had been thoroughly examined for any defects.
Company director Mr Dilek was in control of the garage at the time of the incident. He was directly responsible for the way work was conducted and access was managed on site. He failed to ensure that members of the public were not exposed to health and safety risks.
Silver Street Service Garage Limited of College Close, London, pleaded guilty to a breach of Section 3(1) of the Health and Safety at Work etc. Act 1974 and guilty to a contravention of Regulation 9(3)(a)(ii) of the Lifting Operations and Lifting Equipment Regulations 1998. The company was fined £12,000 and was ordered to pay £2406 costs at a hearing at Westminster Magistrates’ Court on 7 December 2023.
Mr Emanet sustained serious crush injuries in the incident
At the same hearing, Mr Dilek of Waltham Abbey, London, pleaded guilty to a breach of Section 3(1) by virtue of Section 37(1) of the Health and Safety at Work etc. Act 1974. He was fined £500 and was ordered to pay £1500 costs
After the hearing, HSE Inspector Michelle Morphy said: “Mr Emanet is lucky to be alive.
“This incident could have been avoided if he had simply been asked to stay in the waiting area provided for members of the public.
“Instead, not only was he left to move freely around the two-post vehicle lift on which his vehicle was raised, he was asked by a director of the business to assist with the work being carried out, in the minutes before it fell.”
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.
Roofing firm and company business partner sentenced following HSE investigations
Company fined for failings in two separate incidents.
Two workers seriously injured after falling through roofs in separate incidents.
Business partner at scaffolding firm sentenced following incident in Swansea.
A roofing company has been fined a total of £881,000 after two workers were seriously injured during two separate incidents.
Billy Hewitt, a worker at Mitie Tilley Roofing Limited, fractured his pelvis after falling through a factory roof in Newcastle. Meanwhile, a 24-year-old labourer employed by RM Scaffolding broke his femur after falling through the roof of a building in Swansea while working on a project run by Mitie Tilley Roofing Limited.
The Health and Safety Executive (HSE) investigated both incidents and prosecuted Mitie Tilley Roofing Limited. Paul Robinson, a business partner at RM Scaffolding, was also prosecuted by HSE following the incident in Swansea.
On 11 November 2019, Billy Hewitt, 60, fractured his pelvis, left wrist and eye socket after falling through the roof of a factory in Throckley, Newcastle upon Tyne.
He had been replacing a skylight when he fell and landed on the concrete floor seven metres below. Billy was in hospital for three weeks after the incident.
The roof Billy had been working on
Billy, who is from Whickham, said: “You don’t go to work in the morning and expect to end up in intensive care but that’s what happened to me. It’s been four years since my accident and I don’t know really do anything with my days. I really miss work. I was a roofer for 40 years but this accident changed everything because I still can’t work. I used to earn a good wage, but now I’m classed as 51% disabled and I rely entirely on benefits.”
The HSE investigation found Mitie Tilley Roofing Limited failed to properly plan and carry out the work to replace the skylight. The work at height had not been thoroughly assessed as a standalone piece of work. The investigation also found that safety nets were in place on other sections of the roof but not directly underneath the skylight where the accident happened.
On 3 June 2019, a scaffold labourer, employed by RM Scaffolding, was crossing a fragile roof when he fell through a skylight at a unit at Plasmarl Industrial Estate in Swansea. The 24-year-old landed on his back approximately 20 feet on the floor below. He fractured his femur and suffered a blood clot in one of his main arteries, which required long-term medication.
The roof of the unit at Plasmarl Industrial Estate
HSE found that Mitie Tilley Roofing Limited, the principal contractor for the project, failed to plan, manage and monitor the work undertaken by RM Scaffolding, the sub-contractor, to prevent unsafe work practices being used. Paul Robinson, a business partner at RM Scaffolding, failed to plan the work properly and ensure staff had appropriate skills, knowledge and experience. Robinson also failed to provide appropriate fall protection on the roof.
Following the incident on 11 November 2019, Mitie Tilley Roofing Limited, of London Bridge Street, London, was found guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 and breaching Regulation 4(1) of the Work at Height Regulations 2005, following a two-week trial in April 2023. Following a three-day sentencing hearing at Newcastle Crown Court on 6 December 2023, Mitie Tilley Roofing Limited was fined £575,000 and ordered to pay £84,940.08 in costs.
Following the incident on 3 June 2019:
Mitie Tilley Roofing Limited pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. Following a three-day sentencing hearing at Newcastle Crown Court on 6 December 2023, Mitie Tilley Roofing Limited was fined £306,000 and ordered to pay £27,410.63 in costs.
Paul Robinson, of Laburnam Way, Penarth, Vale of Glamorgan, pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. At Newcastle Crown Court, on 5 December 2023, he was sentenced to 120 hours of unpaid community service, to be served within 12 months. He was also ordered to pay £20,428.73 in costs.
HSE principal inspector John Heslop said: “Too many workers are injured or die every year as a result of falling through fragile rooflights without adequate fall prevention or protection measures in place.
“These were both shocking incidents, which had a lasting impact on those who were injured.
“The law is clear about the measures needed to ensure safety when working on fragile roofs and there is a wide range of guidance available from HSE and the Construction industry on correct ways of working. HSE will not hesitate to take action against employers who do not do all that they should to keep people safe.”
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.
Construction fined after failing to provide basic facilities to workers
A Cheshire construction company has been fined £5,000 after it failed to provide workers with adequate welfare facilities.
C.B. Homes Limited was carrying out work at a site on Bunbury Lane in Alpraham when it was visited by the Health and Safety Executive (HSE) on 23 March 2023. The proactive inspection found the company had failed to provide workers with adequate facilities for workers to wash their hands.
It wasn’t the first time the Tarporley-based company had failed to provide such facilities with enforcement action being taken by HSE on three other occasions. It is a legal duty for companies to provide workers with suitable welfare facilities.
Chester Magistrates Court heard that HSE served an improvement notice in relation to the offences, which the company subsequently complied with.
C.B. Homes Limited of High Street, Tarporley, Cheshire pleaded guilty to breaching Regulation 13(4)(c) of the Construction (Design and Management) Regulations 2015 and were fined £5,000 and ordered to pay costs of £1,984.
HSE inspector Sara Andrews said: “This company showed a flagrant disregard towards the health of its own workers.
“It’s a legal requirement to provide suitable welfare facilities, including a clean supply of warm water to enable workers to wash their hands in what is often a very dirty environment.
“The provision of suitable washing facilities is key to ensuring that the risk of workers developing some health conditions is adequately controlled. It’s also basic hygiene and the right thing to do.”
“Failure to provide them is a serious matter and, when a company falls short, we will take action. In this case, repeated failure has resulted in prosecution.”
This case was prosecuted by HSE enforcement lawyer Chloe Ward.
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.
In November we published more Health and Safety Executive (HSE) stories than any other month this year. They include the prosecution of a major movie production company following an incident on the set Fast and Furious 9, a £1.4 million fine for a cider maker following the tragic death of a grandad, and the publication of our annual ill health and injury statistics. Our Working Minds campaign also launched a new online learning tool designed to prevent work-related stress – businesses are encouraged to give it a go.
Rogue plumber handed suspended prison sentence
A man from St Helens was given a suspended prison sentence for carrying out illegal gas work in Cheshire. Richard Goldthorpe, who has previously spent time behind bars for committing similar offences, was also exposed on BBC’s Rogue Traders TV programme.
He was given a 32-week prison sentence, suspended for a period of 12 months.
Manufacturing company fined half-a-million pounds after forklift truck death
The mother of a man killed when the forklift truck he was driving overturned said she still feels angry as he ‘simply went to work and didn’t come home.’
Father of one Jamie Anderson was killed on 4 June 2019, when the forklift truck he was operating overturned at a depot in Newark. Barcode Warehouse Ltd was fined £500,000 after pleading guilty to health and safety failures.
New online learning tool helps businesses address work-related stress
On 8 November, a new learning tool to help businesses prevent work-related stress was launched. The free-to-use interactive tool designed by HSE’s Working Minds campaign, aims to provide a better understanding of what needs to be done to comply with the law.
Manager jailed and funfair company fined after three-year-old girl dies
An operations manager at a funfair company was jailed for six months and disqualified as a director for five years after a three-year-old girl died on a Norfolk beach. The funfair company he was working for has been fined £20,000. It followed the tragic death of Ava-May Littleboy, who had been playing on an inflatable trampoline when it exploded, ejecting her high into the air.
The company that runs The Priory Hospital was fined after it failed to ensure the safety of patients on the hospital’s Emerald Ward following the death of 21-year-old Francesca Whyatt.
Francesca, from Knutsford in Cheshire, was found unconscious at The Priory Hospital in Roehampton, London. She died three days later.
The company was fined £140,000 following a HSE investigation.
HSE publishes annual work-related ill health and injury statistics for 2022/23
On 22 November, we published the annual statistics on work-related ill health and workplace injuries.
The statistics show that nearly two million workers in Great Britain reported as suffering from work-related ill health – with around half of those being down to stress and anxiety.
Nineteen-year-old Ben Spencer was killed while working for Sunrise Poultry Limited
Mother’s grief after only son killed while working for major egg supplier
A mother spoke about her grief after her only child was killed while working at ‘Sunrise Eggs’ in Loughborough.
Nineteen-year-old Ben Spencer had only been working for Sunrise Poultry Farms for two weeks when he was crushed between a heavy goods vehicle (HGV) and a wall on 12 April 2021.
His mum Tracy says she would like nothing more but to ‘curl up in a ball’ after his death at the site in Sileby.
Entertainment company fined after worker dies from fall
A company in the entertainment industry was fined £16,000 following the death of a worker.
Russell Bowry, a self-employed rigger, was working at ELP Broadcast and Events Ltd’s Cardington Hangar Studios in Bedfordshire when he fell from height on 13 March 2018.
The 52-year-old, from Lower Stondon, Bedfordshire, was part of an assembly team for a project that required the building of a temporary rehearsal stage.
The incident took place at Warner Brothers’ studios in Leavesden
Company fined as stunt performer sustains life-changing injuries during filming of Fast and Furious movie
A production company was fined after a stunt performer was injured during the filming of Fast and Furious 9: The Fast Saga.
Joe Watts, from Surrey, sustained life-changing injuries after he fell approximately 25 feet at Warner Bros. studios in Leavesden, Hertfordshire on 22 July 2019.
He had been filming a fight scene for the action movie.
Lift maintenance company fined after engineer fatally crushed
A lift maintenance company was fined after an employee died while working at a factory run by Muller Yogurt and Desserts.
Lift Monitoring Systems Limited, previously known as RJ Lift Services Limited, was fined £200,000 on Monday following a HSE investigation into the death of 24-year-old Lewis McFarlin, a lift engineer employed by the Staffordshire company.
Cold weather working: Helping workers stay safe and warm
Employers were reminded of their responsibilities to keep workers safe as the first spell of cold weather hit large parts of the country during the last few days of November.
Mark Gillen sustained life changing injuries when a staging platform toppled over and on top of him
Man “lucky to be alive” after incident at luxury yacht maker in Plymouth
A premium yacht maker was fined £600,000 after one of its workers suffered life changing injuries at its shipyard in Plymouth.
Mark Gillen’s wife Sarah said she is lucky to still have her husband around after he sustained a catalogue of injuries, including 12 broken ribs and a severed right arm, when a staging platform weighing approximately one tonne, toppled over and fell on top of him.
A further two companies have been fined after a dad died following a fall from the roof of a building site in Warrington.
Father-of-one Dennis Vincent, 36, and another worker were using ropes to install a lightning protection system to the front of an office block being converted into flats.
Renowned cider manufacturer fined following grandad’s death
The maker of Henry Westons Cider was fined £1.4 million after a much-loved grandfather was killed on his 65th birthday. Tommy Manns, from Dymock, Gloucestershire, was driving a company van when he was killed by the end of a security barrier on 28 September 2020.
The van was being driven out of the firm’s site at Bounds Farm, March Marcle, Ledbury, when the end of a security barrier speared through the vehicle’s windshield and fatally crushed Tommy.
Road tanker manufacturing company fined after gas asphyxiation
A leading tanker manufacturing company has been fined £200,000 after a worker collapsed from gas exposure before the same fate befell a colleague who went to check on him.
On 18 March 2020, a worker at Tasca Tankers in Wakefield, West Yorkshire entered a metal tank to carry out some welding work. A few minutes later, a second worker looked inside the tank to check on his colleague and found him slumped at the bottom. After shouting for help the second worker went into the tank and also collapsed. Emergency services rescued both employees after entering the space with breathing apparatus.
The type of tank the worker entered to carry out some welding work
An investigation by the Health and Safety Executive (HSE) found the company had failed to ensure safety of their employees while working in the tanks, classified as a confined space. When inside the tank, the employees suffered asphyxiation resulting from inhalation of argon gas leaking from the welding torch. This resulted in a hypoxic brain injury that left the first worker in a coma for more than 12 days and on waking suffered a loss of memory, the inability to walk, talk and move his left arm. The worker has had to learn to walk and talk again. Both workers continue to suffer long lasting physical and psychological effects of this incident.
At Leeds Magistrates’ Court on 1 December, Tasca Tankers of Unit 5, Diamond Business Park, Thornes Moor Rd, Wakefield, West Yorkshire pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc Act 1974. The company was fined £200,000 and ordered to pay £ £7,060 in costs.
After the hearing, HSE inspector Louise Redgrove, said: “Two employees very nearly died in an incident which was foreseeable.
“The company had previously received related enforcement action and yet still failed to identify work was taking place inside confined spaces. This incident could so easily have been avoided if the company had ensured robust controls, effective training and emergency procedures were in place and current.”
This prosecution was led by HSE enforcement lawyer Jonathan Bambro.
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.
