A metal recycling firm and its director have been sentenced after a 15-year-old employee of the company suffered serious burns following an explosion and flash fire.

Birmingham Magistrates’ Court heard that  on 1 August 2019 the boy, working on a casual basis for A & S Metal Recycling Limited, suffered 22 per cent burns to his body when aerosol canisters he had fed into a shredding machine exploded causing a flash fire at Unit 75A, Barracks Road, Sandy Lane Industrial Estate, Stourport-on-Severn, Worcestershire, DY13 9RW.

An investigation by the Health and Safety Executive (HSE) found that the work unit was not an appropriate facility for processing aerosol canisters; control measures to prevent or mitigate fire and explosion risks were not put in place. Despite this, the activity was undertaken by minors, employed as a part of a casual working arrangement, using inadequate equipment.

A & S Metal Recycling Limited of Barracks Road, Sandy Lane Industrial Estate, Stourport-on-Severn pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and was fined £66,000 served as a compensation order to be paid to the injured person, ordered to pay cost of £8,192.55.

Simon Davies, director of A & S Recycling Limited, pleaded guilty to breaching Section 37(1) of the Health and Safety at Work Act 1974 and was given a six-month custodial sentence suspended for two years and was ordered to complete 100 hours of unpaid work.

Speaking after the case HSE inspector Alex Stobart said: “The waste and recycling industry has the potential to be extremely hazardous, and in this case two children were needlessly exposed to significant risks on site.

The explosion and fire led to one child being hospitalised with significant burn injuries. This incident could so easily have been avoided by simply implementing the correct control measures and a safe system of work, as standard within the industry.

“Waste and recycling companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

Notes to Editors:

1. 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. hse.gov.uk^[1]
2. More about the legislation referred to in this case can be found at: legislation.gov.uk/ ^[2]

HSE news releases are available at http://press.hse.gov.uk

A motor vehicle scrap company and a director have been fined after a worker suffered crush injuries in an incident involving a forklift truck.

Cambridge Magistrates’ Court heard how on 1 March 2021, an employee of Queensferry Car Breakers Limited was injured when he was hit and run over by a forklift truck driven by his employer Ghol Mohammad Navabi. The forklift truck was being used to transport engine parts from the scrap yard up a loading ramp into the back of a metal container.

Whilst Mr Navabi was inside the container, he asked the worker to collect a car bonnet. The worker left the container and walked down the ramp returning quicker than Mr Navabi expected. As he was walking back up the ramp Mr Navabi reversed down it and ran over him, which resulted in multiple fractures to both his legs.

An investigation by the Health and Safety Executive (HSE) into the incident found that the forklift truck had not been adequately maintained, had no working foot brake, no working hand brake and the steering was defective. There were no measures in place to segregate pedestrians and moving vehicles and the company had no employer’s Liability Compulsory Insurance.

Queensferry Car Breakers Limited of Doddington Road, Cambridge pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974, Regulation 5(1) of the Management of Health and Safety at Work Regulations 1999; and Section 1(1) of the Employers’ Liability (Compulsory Insurance) Act 1969 (“the Act”). The company was fined £60,000 and ordered to pay costs of £3,923.

Sole director of Queensferry Car Breakers Ghol Mohammad Navabi pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, by virtue of Section 37(1). He was given a 20 week prison sentence suspended for 12 months, including 15 rehabilitation activity requirement days, 180 unpaid work hours and ordered to pay prosecution costs of £3,923.

Speaking after the hearing, HSE inspector Emma Page said: “This incident could have easily resulted in a fatality and could have been avoided by simply carrying out correct control measures and safe working practices.

“This risk was further amplified by the company’s failure to undertake a number of safety measures including segregating vehicles and pedestrians.”

Notes to Editors:
1. 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. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/ www.hse.gov.uk/workplacetransport/lift-trucks/managing-lift-trucks.htm www.hse.gov.uk/workplacetransport/trafficroutes.htm
3. HSE news releases are available at http://press.hse.gov.uk

A manufacturing company has been fined after an employee was found fatally injured under the forks of a side-loader lift truck.

Dudley Magistrates’ Court heard that on 2 September 2019, a Cutting Edge Trading Limited employee, Mitchell Poutney, was fatally injured at the company site on Station Road, Rowley Regis, West Midlands during a lifting operation. The unsupported forks and carriage of a side-loader lift truck descended, crushing him whilst he was working underneath it.

An investigation by the Health and Safety Executive (HSE) found the company had failed to provide a safe system of work for unloading palletised goods using the side-loader forklift truck.

Cutting Edge Trading Limited of Station Road Industrial Estate, Rowley Regis, West Midlands pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £18,000 and ordered to pay costs of £10,153.

Speaking after the hearing, HSE Principal Inspector Jenny Skeldon said: “This tragic incident could have easily been prevented if this employer had acted to identify and manage the risks involved and put a safe system of work in place.”

Notes to Editors:
1. 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. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk

An asbestos management company director has been jailed after failures to protect workers from asbestos exposure during a major refurbishment project in Plymouth.

Plymouth Magistrates’ Court heard that in February 2017, concerns were raised by workers at Ensure Asbestos Management Limited who believed they were being put in danger whilst carrying out refurbishment work at a   department store.

An investigation by the Health and Safety Executive (HSE) found  irregularities in the asbestos surveys and clearance certificates, with some found to be fraudulent. Ensure Asbestos Management Limited had been contracted to carry out an asbestos survey, remove all identified asbestos-containing materials (ACMs) from the building and then carry out the initial strip-out of the building before it was refurbished. However, the company was found to have deliberately cut corners in managing the danger of asbestos exposure putting workers at risk.

• Ensure Asbestos Management Limited of Station Road, Sawbridgeworth, Hertfordshire pleaded guilty to breaching Section 2(1) and 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £100,000 . Because the company is in liquidation, there is no prospect of a payment being made and so no order for costs was made.

Director of Ensure Asbestos Management Billy Hopwood of Swanstead, Basildon, Essex pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work Act 1974. He has been sentenced to 10 months imprisonment,  immediate concurrent on each charge. He has also been  disqualified as a director for five years

Contracts Manager at Ensure Asbestos Management Phillip Hopwood of Churchgate Street, Harlow, Essex pleaded guilty to breaching Sections 2(1), 3(1) and 33(1)(m) of the Health and Safety at Work etc Act 1974.  His sentencing was adjourned until a later date.

Speaking after the hearing HSE inspector Georgina Symons said: “Ensure Asbestos Management Limited – a previously licensed asbestos removal contractor – failed to work within the law despite having a wealth of knowledge on the risks associated with exposure to asbestos and the necessary training to have done so safely.  They deliberately falsified documents and cut corners.

“Workers should be supported by their employers when they raise health or safety concerns.

“The dangers associated with asbestos are well known and a wealth of advice and guidance is freely available from HSE and other organisations.”

Notes to Editors:

1. 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. hse.gov.uk
2. More about the legislation referred to in this case can be found at: legislation.gov.uk/ ^[2]
3. HSE news releases are available at http://press.hse.gov.uk^[3]

A group of schoolchildren had to be rescued by Keswick Mountain Rescue Team (KMRT) from Helvellyn after becoming stranded in winter conditions.

Today, Thursday 17 February 2022, their school has been sentenced for its failures to adequately manage the risks posed by the trip.

Newcastle Magistrates’ Court heard that on 5 March 2020, the group of 13 Year 10 pupils from The Gateshead Cheder were on an organised trip to Helvellyn in the Lake District, led by one teacher and a teaching assistant. Weather conditions on the day were cold and icy. Despite reviewing the Lake District Weatherline Report, which stressed the dangers to those ascending above the snow line, the school decided the trip should still go ahead as planned. Their route included ascending from Wythburn via Birk Side, and descending Helvellyn via Browncove Crags.

Despite the winter conditions many of the school children did not have suitable equipment, a number of them were wearing school shoes and school trousers; and others were wearing trainers. In winter conditions it is essential that hikers wear full winter clothing, including mountain boots, and that those venturing above the snowline carry appropriate equipment including ice axes and crampons.

The adults leading the trip had no formal qualifications in mountain leadership or any experience of mountain environments in winter conditions. The party had a map but relied on a smartphone app as a compass.

During their ascent, at least two members of the public warned the Gateshead Cheder party to turn back, but the group continued their ascent and managed to reach the summit of Helvellyn without incident. However, as the party made their descent, they inadvertently ventured off the path and unknowingly began traversing the west face of Helvellyn towards a section of steep terrain featuring vertical rock faces of around 20 metres in height.

While descending one of the pupils slid on the ice and fell several metres sustaining minor cuts. This caused another pupil to panic and run from the group down the mountain. The two adults remained with the injured pupil and the other school children. By this time, it had begun to get dark and the temperature was dropping.

The party were eventually located and rescued by KMRT, who cut steps into the snow to assist the party back to the path and down the mountain. The other pupil was lucky enough to make it back down the mountain and was found by members of the public.

An investigation by the Health and Safety Executive (HSE) found that neither of the adults with the party had the appropriate skills, knowledge and experience to lead the trip, and that the school had not taken advice from a suitably competent person to plan or organise of the excursion. There was no effective system to check the suitability of the clothing and equipment the children had with them and no effective contingency plan in place if conditions became too difficult to proceed.

The Gateshead Cheder Limited of Bede House, Tynegate Precinct, Sunderland Road in Gateshead pleaded guilty to breaching sections 2(1) and 3(1) of The Health and Safety at Work (etc) act 1974. The school was fined £30,000 and ordered to pay a victim surcharge of £181 and costs of £4,574.90.

Speaking after the hearing, HSE inspector Stephen Garner said:

“On this occasion, none of the party came to serious harm, however, the school were aware of the weather and ground conditions, but decided to proceed without the appropriate planning, equipment, or suitably trained leaders. Those taking part in the trek that day were placed in serious danger and there was a clear failing by the school to adopt sensible precautions to ensure their safety.

“Excursions into mountains, particularly in winter, need to be led by people with the appropriate skills, knowledge and experience. If a school does not have access to the necessary expertise in house, then licensed Adventure Activities providers are available to manage the technical aspects of this type of trekking activity.”

He added: “This incident was entirely avoidable – while we are supportive of school expeditions of this nature, this trip should not have gone ahead on the day in question. Mountain Rescue Teams are volunteers who put their own lives at risk to carry out rescues, often involving ill-prepared groups.”

Notes to editors

1. 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. www.hse.gov.uk
   2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
   3. HSE news releases are available at http://press.hse.gov.uk[3