Company fined for unsafe scaffolding

Workers scrambled up the rungs of an unsafe scaffold to work at a block of flats in Merseyside.

The company in question, A.I.M Access Solutions Ltd has been fined £30,000 for its failure to assemble safe scaffolding following an investigation by the Health and Safety Executive (HSE).

In May 2021, the workplace regulator identified serious issues with the construction of the scaffold and  the assembly instructions  had not been followed while the scaffold tower was being built on Rice Hey Road. No ladder was used access the scaffold. Instead, workers climbed the rungs of the scaffold itself  as opposed to a proprietary ladder.

HSE has well established guidance on tower scaffolds. Many people are injured each year when they fall from towers or when the tower overturns. The incidents that occur are mainly caused by:

  • Defects in the erected scaffold – where the tower structure is incorrectly assembled or where a platform guardrail is missing.
  • Erection and dismantling – The manufacturer, supplier or hirer has a duty to provide an instruction manual explaining the erection sequence, including any bracing requirements and the height to which the tower can be erected safely. This information must be passed on to the person erecting the tower.

The HSE investigation was prompted after the regulator was notified of the death of A.I.M Access Solutions Ltd employee Robert Duffy.

The 45-year-old passed away in hospital on 23 May 2021, three days after sustaining serious injuries while working at the site on Rice Hey Road.

The prosecution of A.I.M Access Solutions Ltd, of Manorside Gores Road, Knowsley Industrial Park, Kirkby, was not brought on the grounds that the incident was causative of Mr Duffy’s death.

The firm pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. It was fined £30,800 and ordered to pay £5,040.75 in costs at Wirral Magistrates’ Court on 27 February 2025.

HSE inspector Sam Eves said: “A.I.M Access Solutions Ltd did not ensure the tower scaffold was constructed correctly. The company failed to provide a safe way to get to and from the work platform, for example using an appropriately designed internal ladder.

“Companies should follow HSE guidance to ensure they effectively plan, manage and monitor similar construction work and reduce the risks to their employees.”

This prosecution was brought by HSE senior enforcement lawyer Daniel Poole and supported by HSE paralegal officer Helen Hugo.

Notes to editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.

 

 

 

 

 

 

 




Bradford builder sentenced after fatal fall of asylum seeker

A self-employed builder has been handed a suspended prison sentence following the death of an asylum seeker who fell from scaffolding at a domestic property in Bradford.

Sarabjit Singh, 44, was sentenced to six months imprisonment, suspended for 12 months, and ordered to complete 100 hours of unpaid work.

Mr Eraj Rahanpour, a 29-year-old originally from Iran, died after falling from height during rendering works on 25 August 2021. Mr Rahanpour had been collected by Sarabjit Singh that morning from a road in Bradford popular with people looking for casual, cash-in-hand work.

Mr Singh dropped Mr Rahanpour off at the site where he was to be paid £50 for six hours of labour, mixing products applied to the wall by two other workers.

During the afternoon, Mr Rahanpour fell from the top level of a scaffold onto the driveway below, suffering serious injuries. He was taken to Leeds General Infirmary where he was placed into a medically induced coma. A decision was later made to remove life support, and Mr Rahanpour died on 8 September 2021.

A Health and Safety Executive (HSE) investigation found Mr Singh had provided domestic-type ladders for the works that were not secured sufficiently and did not provide safe access to the scaffold platform. The ladders had numerous defects, while safety gates provided with the scaffold had been tied back, creating an opening through which persons could fall.

Mr Singh had also failed to undertake a suitable and sufficient risk assessment or produce a method statement for the work. He could not demonstrate effective supervision or evidence of formal training for any of the workers involved in the project.

HSE guidance states employers and those in control of any work at height activity must make sure work is properly planned, supervised and carried out by competent people. This includes using the right type of equipment for working at height. Further guidance can be found at: https://www.hse.gov.uk/work-at-height/index.htm 

Mr Sarabjit Singh, of Glenlee Road, Bradford, was found guilty of breaching Section 3(2) of the Health and Safety at Work Act 1974 at Leeds Magistrates’ Court on 5 March 2025. The judge ordered no costs.

Paul Thompson, a Principal Inspector at HSE said: “This is an extremely tragic case where a vulnerable person seeking an opportunity to work sadly didn’t make it home that evening.

Mr Rahanpour’s nearest family member resides in Canada, making this case all the more unfortunate.

“We are able to provide a voice for Mr Rahanpour to ensure failures by Mr Singh have been held to account.

“Those putting people to work need to fully assess and control the risks from working at height, and ensure suitable training, guidance and supervision. Equipment used for work should be suitable for the purpose intended and in an efficient state of repair.”

This HSE prosecution was brought by HSE enforcement lawyer Iain Jordan.

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. Relevant guidance on working at height can be found here https://www.hse.gov.uk/work-at-height/index.htm
  5. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.



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.

AB Agri Limited of Weston Centre, Grosvenor Street, London pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £566,000 and ordered to pay costs of £6,410 at Hull Magistrates’ Court on 5 March 2025.

HSE inspector Sally Gay said: “The life changing injury Mr Gaj suffered could so easily have been avoided by properly assessing the risks, and applying the correct control measures and safe working practices.

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

This HSE prosecution was brought by HSE enforcement lawyer Jayne Wilson and paralegal officer Lucy Gallagher.

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so. The sentencing guidelines for health and safety offences 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.

David and Andrew Turnbull, both of Low Gingerfield Farm, Richmond, North Yorkshire, both pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974.

At Teesside Crown Court on 3 March 2025:

  • Andrew Turnbull, 57, was fined £1,589 and ordered to pay £1,500 in costs.
  • David Turnbull, 61, was fined £1,390 and ordered to pay £1,500 in costs.

HSE inspector Elliot Archer said: “Andrew and David Turnbull failed to do all that was reasonably practicable to prevent members of the public being put at risk by their cattle. Farmers, landowners and other livestock keepers need to be aware of the risk their cattle pose to members of the public and take suitable protective and preventative measures to mitigate that risk.”

This prosecution was brought by HSE enforcement lawyer Iain Jordan and supported by HSE paralegal officer Rebecca Withell.

Notes to editors:                            

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.



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.

Greenlife Property Developments Ltd, of Gurnos Estate, Brynmawr, Ebbw Vale, Gwent, Wales, was found guilty of breaching Section 33(1)(c) and two breaches of Section 33(1)(g) of the Health and Safety at Work etc. Act 1974. The company was fined £40,000 and ordered to pay £5,812.57 in costs at Merthyr Tydfil Magistrates’ Court on 20 January 2025.

HSE inspector Rachael Newman said: “Every year people are killed or seriously injured by collapsing and falling materials while working in excavations.

“Workers are not standing on solid ground when they are inside an excavation. There is almost no excavated ground that can be relied upon. One cubic metre of soil collapsing into an unsupported excavation can collapse without warning and weigh as much as one tonne.”

“Greenlife Property Developments Ltd failed to heed the warnings we evidently gave in our enforcement notices. They made no attempt to prevent the excavation from collapse. The company  failed to comply with two enforcement notices which were served to remove the risk and secure compliance with the law.

“The attempts to evade us were a deliberate breach and flagrant disregard of the law.

“The fine imposed on Greenlife Property Developments Ltd should highlight to everyone in the construction industry that the courts, and HSE, take a failure to comply with the law and enforcement notices extremely seriously. We will not hesitate to take action against companies which don’t  do all they should to keep people safe.”

The HSE prosecution was brought by HSE enforcement lawyer Matthew Reynolds and supported by HSE paralegal officer Jason Dix.

Notes to editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.