Company fined after repeatedly exposing workers to risks from wood dust

A Blackburn-based furniture manufacturer has been fined after it repeatedly failed to protect its own workers from exposure to wood dust.

Pendle Woodcraft (Blackburn) Limited failed to implement safe working practices despite earlier interventions from the Health and Safety Executive (HSE).

The company consistently failed to control the accumulation of wood dust at its site in Darwen, Lancashire. Wood dust can cause serious and often irreversible health problems, including dermatitis and when breathed in excessively it can cause asthma and in the case of hardwood dust nasal cancer. Wood dust is also known to be flammable and, in certain situations, can cause a fire or explosion.

HSE inspectors repeatedly identified large amounts of wood dust during visits

HSE provides a range of guidance on working in the woodworking industry, covering the Control of Substances Hazardous to Health (COSHH) Regulations 2002; exposure limits; extraction; and health surveillance.

Inspectors from the HSE carried out a series of visits to the company over an eight year period, repeatedly identifying large amounts of wood dust. The first of those visits came in November 2015, when HSE offered advice on the control of wood dust. The site was visited again in April 2019, November 2021, and finally on 5 June 2023, as part of the workplace regulator’s Dust Kills campaign, which targeted woodworking businesses due to the significant health risks associated with wood dust.

However, on each of these three occasions inspectors observed excessive amounts of wood dust and served Improvement Notices.

An inspector’s boot shows the scale of the wood dust found

Pendle Woodcraft (Blackburn) Limited, Cotton Hall Street Darwen, Lancashire pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, and were fined £6,000, and ordered to pay costs of £2,926.55 on 15 January 2024 at a hearing in Blackburn Magistrates Court.

Exposure to wood dust can have a significant impact on the health of workers

After the hearing, HSE Inspector Tracy Fox said: “This company repeatedly failed to protect its own workers.

“Wood dust is a substance hazardous to health because it can cause serious non-reversible health problems, including asthma; dermatitis; and irritation to the eyes, nose and throat and all businesses need to protect their workers’ respiratory health.

“The expected standard is to control exposure to wood dust to as low a level as is reasonably practicable.

“Companies need to be aware that when HSE identifies repeated similar significant failings in the workplace, a prosecution will always be considered.”

The prosecution was brought by HSE enforcement lawyer Chloe Ward and paralegal officer Helen Hugo.

 

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 in England and Wales can be found here and for those in Scotland here.



Fine for Kent timber firm after worker loses three fingers

A company has been fined after an employee had three fingers severed by a panel saw at work.

David Broadway, 36, had been working at Pemberton Timber Frame Limited, a company that manufactures timber frame structures for the construction industry, at its site in Evelyn Way in Ramsgate on the morning of 4 January 2023.

He was operating a panel saw and asked to cut down the thickness of a length of timber – known as a rip cut. This process involved passing a length of timber through the panel saw multiple times as the timber exceeded the depth the blade could cut in one pass.

CCTV footage shows Mr Broadway successfully completing the cut before flipping the length of timber over, but he soon found the second cut much more difficult. He can been seen attempting to feed the timber through the saw and while receiving it from the cut end, his right hand made contact with the saw blade, instantly amputating his index, middle and ring fingers, also cutting his little finger.

Mr Broadway had been operating a panel saw at the time of the incident

Mr Broadway said the accident has massively impacted in aspects of his life.

“I used to do weight lifting, ride my bike and keep active,” he said.

“I used to work a lot with my hands and I am now getting frustrated as I can’t do these things.

“Even normal activities like cooking or taking a shower are a challenge. It makes me feel stressed as I can’t do the everyday activities I used to do.”

Mr Broadway now also struggles to care for his children, including his young son, born after the accident.

A Health and Safety Executive (HSE) investigation found that Mr Broadway was asked to complete a task that was not suitable for the machine he was using. Pemberton Timber Frame Ltd had also failed to ensure he received sufficient training or instruction on how to use the panel saw safely, which would have included vital information about the limitations of the saw, guarding and other  safety features such as a riving knife and the use of a push stick. The saw riving knife was also absent at the time of the incident.

HSE has clear guidance on safe woodworking which includes how and when a rip cut is carried out – a panel saw with a circular blade must not be used unless the saw blade, at all times, projects through the upper surface of the material being cut.

The investigation also discovered that the company had appropriate machines to undertake this task safely but Mr Broadway was unaware of this due to his lack of training.

On 8 January 2025, Pemberton Timber Frame Ltd of The Strand, Walmer, Kent pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 at Sevenoaks Magistrates’ court. The company was fined £12,000 order to pay full costs of £4,034.

Speaking after the hearing, HSE principal inspector Ross Carter said: “Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers.

“If a suitable safe system of work had been in place prior to the incident, the life changing injuries sustained by Mr Broadway would not have happened.”

The HSE investigation was conducted by HM inspector Simon Asakura-Cornish and the prosecution brought by HSE enforcement lawyer Samantha Wells, support by paralegal officer David Shore.

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.

 




Fine for MOT testing centre after child crushed by car

An MOT Testing centre in Finsbury Park has been fined £10,000 after a child sustained life changing injuries after being hit by a car and crushed.

A 14-year-old was with an adult, sitting down, waiting for an MOT to be conducted at New Auto Tech Limited on 4 May 2022. The chair was situated in front of the brake rollers, however, as the MOT technician attempted to move the car in reverse, the vehicle was driven forwards off the brake rollers, crushing the child against the wall.

The child required immediate hospital treatment, having sustained multiple pelvis fractures. They were off school for over a year and bed bound for three months following the incident.

There are many known risks associated with the motor vehicle repair industry and detailed HSE guidance is available.

The child had been sitting down and waiting with an adult for the MOT to be completed

An investigation by the Health and Safety Executive (HSE) found that New Auto Tech Limited had failed to ensure that members of the public were in a safe area when vehicles were being moved.

The MOT Centre had a designated ‘viewing area’ to the side of the brake roller bay. This was a painted box on the floor with a chair placed inside it. However there were no protective barriers and the business failed to stop customers from moving out of this area into parts of the workshop where vehicles were moving.

New Auto Tech Limited of Alroy Road, London, pleaded guilty to breaching  Section 3(1) of the Health and Safety at Work etc. Act 1974 for its failure to ensure the health, safety, and welfare of those not in its employment. The company was fined £10,000 and ordered to pay costs of £6,810  following a hearing at Westminster Magistrates Court on 10 January 2025.

After the hearing, HSE inspector Michelle Morphy said: “This case sends a clear message to MOT Test Centres that HSE will hold them to account if they fail to protect both workers and members of the public.

“On this occasion, they failed to protect a child, by allowing them to move from their allotted viewing area into an operational area, which should have been restricted to workers only.

“As such the child was seriously injured in a totally avoidable incident.”

This HSE prosecution was supported by HM inspector Oscar Dower and brought by enforcement lawyer Jayne Wilson and paralegal officer Lucy Gallagher.

 

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.



Company fined after dad’s legs crushed by 800kg pallet

A manufacturer in Sheffield has been fined after a steel pallet landed on an employee, leaving him permanently disabled.

The 800kg load crushed Wayne Hatton’s legs during a night shift at Amber Precast Ltd’s factory on 14 January 2021.

Mr Hatton, from Doncaster, had his right lower leg amputated with two toes on his left foot also being removed following the incident at Davy Business Park.

Wayne (left) and his mother Marine

The pallet was being removed from a reinforced concrete cast when it fell onto the father-of-two, who had only recently been employed by the firm as a supervisor.

The then 46-year-old spent seven weeks in hospital and now has a prosthetic leg after his right lower leg was amputated.

A Health and Safety Executive (HSE) investigation found the pallet had not been secured onto the lifting chains of the overhead crane before being removed from the concrete cast. This meant the pallet was not supported whilst being moved.

Wayne (right) and his father Henry

The investigation also found Amber Precast Ltd failed to consistently implement a system of work to ensure the pallet could be removed safely. Mr Hatton, now 50, and other members on his team had not received any information or instructions on how to remove the pallet safely.

HSE guidance can be found at: Provide information, training and supervision: Overview – HSE

Amber Precast Ltd, of Davy Business Park, Prince Of Wales Road, Sheffield, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £60,000 and ordered to pay £5,406.31 in costs at Sheffield Magistrates’ Court on 9 January 2025.

HSE inspector Jane Fox said: “This incident could so easily have been avoided with the correct instruction and implementation of an agreed safe working procedure. Amber Precast Ltd left its employees to work out their own methods of completing the pallet removal task, instead of providing them with suitable training and equipment so it could be done safely every time.”

This prosecution was brought by HSE enforcement lawyer Andy Siddall and supported by HSE paralegal officer Rebecca Withell.

Wayne (left) and his eldest son Jayden

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.



New simplified advice for installers of stone worktops

Britain’s workplace safety regulator has published a helpful guide of do’s and don’ts for people installing stone worktops.

The Health and Safety Executive’s (HSE) guidance is designed to remind dutyholders and workers about the need to ensure that suitable procedures and controls are in place to help protect against exposure to stone dust and prevent workers breathing in respirable crystalline silica (RCS).

Stone workers are at risk of exposure to airborne particles of stone dust containing RCS when processing stone, including engineered stone, by cutting, chiselling and polishing. Over time, breathing in these silica particles can cause irreversible, life-changing and often fatal respiratory conditions such as silicosis, chronic obstructive pulmonary disease and lung cancer.

HSE’s guidance covers: Competent staff & effective processes, Pre-Installation, On-site Installation, and Post-installation.

Here are just some of the important steps that can be taken to minimise the risk of exposure:

  • Installers should understand the risk from processing stone and how to use suitable controls;
  • Worktops should be pre-fabricated so further processing on site is avoided;
  • Water suppression or on-tool extraction with shroud and dust collector attached to an M-class vacuum should be used to control any dust generated;
  • Respiratory protective equipment with an assigned protection factor (APF) of at least 20 (e.g. FFP3 face mask) should be worn when processing the stone
  • Cleaning should be by wet methods or dust class M vacuum to prevent creation of dust

A link to the guidance is available here – Silica in Stoneworking – Work Right to keep Britain safe.

Mike Calcutt, Deputy Director at Health and Work, said: “HSE will continue to work with industry stakeholders to raise awareness of managing the risks from exposure to respirable crystalline silica.  It’s important that businesses act now to ensure they comply with the law and protect their workers from serious lung diseases.

“Great Britain has a robust and well-established regulatory framework in place to protect workers from the health risks associated with exposure to hazardous substances. We want employers and workers to make sure they are aware of the risks associated with the activities they do, and that’s why we are sending this reminder.

“HSE’s inspectors have often found poor management of control measures including water suppression, dust extraction, equipment maintenance, cleaning and RPE provision. Employers should ensure suitable control measures are properly used and maintained.”

Employers have a legal duty to create suitable arrangements to manage health and safety and ensure they comply with the Control of Substances Hazardous to Health Regulations 2002 (COSHH) (as amended). Businesses should have in place effective control measures, including combinations of the enclosure and automation of processing equipment, use of water suppression and control of any mist generated and personal protective equipment such as RPE, to reduce workers’ exposure to the RCS.

You can sign up for regular updates from HSE on  silica here.

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 guidance on stone processing is available in the following HSE guides:
  3. ST0: Advice for Managers
  4. INDG463: Control of exposure to silica dust – A guide for employees
  5. HSG201: Controlling exposure to stone dust
  6. Further details on the latest HSE news releases is available.