A company and its director have been sentenced after workers were exposed to asbestos and its potential harmful effects.

Inspectors from the Health and Safety Executive (HSE) visited Eye Track Limited’s site in Stretford, Manchester, and found an uncontrolled spread of asbestos containing materials around the premises.

HSE has recently updated its webpages on asbestos safety and in 2023 launched an awareness campaign, Asbestos and You, which provides tradespeople with information about how to deal with asbestos on a job, and the personal risks from asbestos that still exist across the country today.

Earlier this year, the workplace regulator launched its Asbestos: Your Duty campaign that aims to improve understanding of what the legal duty to manage asbestos involves.

HSE attended the premises on Talbot Road in April 2019 after concerns were raised over workers unsafely working at height during the demolition of a number of units and construction of eight new residential houses.

During the inspection, HSE found significant amounts asbestos-containing materials across the site, mostly large amounts of debris associated with the breakage of asbestos-containing roof sheets from the demolished units. One unit taken down was estimated to contain 100 square metres of asbestos insulation board, 70% of which was demolished by hand and machinery.

A subsequent HSE investigation found the asbestos removal work was carried out under the direct control and instruction of Eye Track Limited director Selcuk Pinarbasi, who was fully aware of the potential dangers of asbestos. Mr Pinarbasi had some months earlier instructed a suitably qualified asbestos surveyor to carry out an asbestos demolition survey which had identified in detail the presence of both licensed and unlicensed materials throughout the site. Mr Pinarbasi was therefore fully aware of the risks the site posed from the presence of asbestos materials on his site prior to any demolition work taking place.

Eye Track Limited, of Talbot Road, Stretford, Manchester, pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £20,000 and ordered to pay £18,783.61 in costs at Manchester Crown Court on 25 April 2024.

At the same hearing. Selcuk Pinarbasi, of Bankhall Lane, Hale, Greater Manchester, pleaded guilty to breaching Section 3(1) and Section 33(1)(g), by virtue of Section 37(1), of the Health and Safety at Work etc. Act 1974. He received a custodial sentence of 20 weeks, suspended for 12 months. He was also fined £75,000 and ordered to pay costs of £18,783.61.

HSE inspector Phil Redman said: “This case highlights how such behaviour will not be tolerated under any circumstances. Lives were deliberately put at risk as profits were prioritised over safety during the uncontrolled demolition and removal of asbestos containing materials.

“Eye Track Limited and its director showed a total disregard for the health, safety and welfare of workers working under their control.”

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.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

A packaging manufacturer has been fined for safety breaches after a worker received severe hand injuries at a factory in Yorkshire.

On 15 June 2020 an agency worker injured their fingers when using a table saw without a guard at Loadhog Limited’s site at Hawke Street, Sheffield.

The worker, who was operating the saw, received the injuries when his fingers came into contact with a rotating saw blade. Three fingers were partially severed although they were later reattached in hospital.

A Health and Safety Executive (HSE) investigation found that the company had failed to carry out a suitable and sufficient risk assessment, resulting in a failure to provide a suitable guard, allowing access to the exposed parts of the saw blade.

HSE has guidance for people and companies who own, operate or have control over work equipment and how to use it safely.

At Sheffield Magistrates’ Court on 25 April, Loadhog Limited of The Hog Works, Hawke Street, Sheffield pleaded guilty to breaching Regulation 11 of the Provision and Use of Work Equipment Regulations 1998 and Regulation 3 of the Management of Health and Safety at Work Regulations 1999. They were fined £100,000 and ordered to pay £3,139.75 in costs.

After the hearing the HSE inspector Laura Hunter said: “This incident could so easily have been avoided by simply implementing the correct control measures and safe working practices.

“HSE has clear guidance on the provision and use of work equipment that can help in preventing incidents like this from happening.

“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 Lawyers Jon Mack and Kate Harney and supported by Paralegal Officer Rebecca Forman.

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.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

A company director has been fined after workers were exposed to asbestos during the demolition of a hotel in Cornwall.

Mr Paul Stephens, director of the now liquidated Stephens and Stephens Developers Limited, was fined more than £60,000 as a result of failures at the former Cliffdene Hotel in Newquay in 2020. The hotel had closed in 2018 and was part of a redevelopment plan to build residential apartments on the site.

An investigation by the Health and Safety Executive (HSE) into the control of asbestos at the site came after the hotel had been almost entirely demolished in August 2020. The company had overall control over the assessment and removal of all asbestos containing materials (ACMs) on site.

However, further enquiries revealed the presence of extensive asbestos debris, a sign that significant spreading had occurred, and that those actions taken to control exposure had been inadequate. Stephens was charged for failure to take reasonably practicable steps to contain the spread of asbestos.

• The issue of asbestos more widely, and improving knowledge of the dangers, is the focus of two HSE campaigns. Guidance on asbestos safety has recently been updated and the current Asbestos: Your Duty campaign aims to improve understanding of what the legal duty to manage asbestos involves.

Paul Stephens of Bar Meadows, Malpas, Truro, Cornwall pleaded guilty to breaching regulations 16 of the Control of Asbestos Regulations 2012 by virtue of Section 37(1) of the Health and Safety at Work etc. Act 1974. He was fined £65,813 and ordered to pay costs of £26,116 at Truro Crown Court on 24 April 2024.

Speaking after the hearing HSE principal inspector Georgina Symons said: “The hotel was not in a state of disrepair and presented no structural danger, so there is no reason why the removal of ACMs could not be done ahead of its demolition.

“Identification of the hazard is key. No asbestos removal should happen if there is a risk of exposing workers to it. There needs to be a sufficient assessment as to the presence, location and condition of asbestos at all premises.

“Those tasked with undertaking the assessment should have the necessary skills, knowledge and experience to undertake this work.”

This prosecution was brought by HSE enforcement lawyer Matt Reynolds.

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.
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 has recently updated its guidance on asbestos safety and has just launched its Asbestos: Your Duty campaign that aims to improve understanding of what the legal duty to manage asbestos involves.

A farming business that refused an offer to take part in a course on farm safety has been fined following a subsequent site visit from Britain’s workplace regulator.

Seymour Stevens Limited operate a beef and arable farm in Faversham, Kent.

To help farmers understand what they need to do to comply with health and safety law, the Health and Safety Executive (HSE) fund and run “Preparing for Inspection” courses which have been developed in partnership with industry.

In early 2022 Seymour Stevens Limited were offered a place on the course but did not take it up. A site visit was later carried out by the HSE in November of that year where multiple, serious, health and safety failings were identified.

The HSE investigation found one of the barns used as an employee through route was deemed unsafe to enter due to its poor structural state. Seymour Stevens Ltd were aware of this but had decided not to repair the shed due to costs. A number of electrical faults were also identified.

Another shed roof was insecurely fixed and was being weighed down with a hay bale in an attempt to prevent it from moving. Roof sheeting was also in poor condition and state of disrepair; in some cases, even falling from buildings.

Bull pens were broken and rusty and concerns were raised about the suitability of these to contain a bull. During the Christmas period in 2022, a bull had managed to escape the farm and was brought back to site by the Police.

HSE focused on the dangers of livestock as part of this year’s Your Farm, Your Future campaign. This has advice on working with livestock, and is hosted on its Your Farm Your Future campaign website, to assist farmers and workers and keep them safe.

At a hearing at Maidstone Magistrates’ Court on 24 April, Seymour Stevens Ltd, Faversham, Kent pleaded guilty to failing to discharge its general health safety and welfare duties to employees, contrary to Section 2 of the Health and Safety at Work etc Act 1974. They were fined £12,000 and ordered to pay £4,830 in costs.

Speaking after the hearing, HSE inspector Peter Bruce said: “While agriculture accounts for just one percent of the working population, it accounts for about 20 per cent of workplace fatalities.

“In the case at Seymour Stevens farm, there were failings to manage health and safety risks associated with animals and falling objects – two of the five most common causes of fatal injuries in the agriculture sector.

“Employees and members of the public were being put at risk, despite previous warnings having been given to the company by their staff.

“It is important that employers maintain their workplaces and equipment to suitable standards to ensure that employees, visitors and members of the public are not put at risk.”

This prosecution was brought by HSE enforcement lawyer, Jon Mack and supported by HSE 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 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.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

A drinks company has been fined £14,000 after a man’s finger was amputated after being caught in bottling machinery.

Daniel Richardson, then 32, assisted a colleague who was encountering problems with a bottle capping machine at the plant in Wigston, Leicestershire on 17 January 2022.

Mr Richardson, from Leicester, was able to reach into the machine and into the capper unit to remove the jammed part at which point, the capper head descended onto his finger, amputating the tip.

Attempts were made at Leicester Royal Infirmary to re-attach the tip of the finger – this proved unsuccessful, and it was subsequently necessary to amputate his finger between the first and second knuckle.

An investigation by the Health and Safety Executive (HSE) found that Sourcing International Limited, trading as Drinks Chef failed to properly guard against access to dangerous parts of machinery – in this instance fixed guarding had been removed and the machine was frequently used without it.

Additionally, an interlock device which should function to isolate the power and stop the machine when protective doors / guards were opened elsewhere on the machine was inoperable and so access to moving parts of machinery was further possible.

HSE has guidance on machinery safety highlighting how employers should consider how their workers use machinery and how they should also have adequate maintenance arrangements in place to ensure it remains safe to use.

Sourcing International Limited t/a Drinks Chef, of Unit A1 Bowbridge Works, Chartwell Drive, Wigston, pleaded guilty to contravening a requirement of Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998.

The company was fined £14,000 and ordered to pay costs of £4,175.79 at a hearing at Loughborough Magistrates Court on 24 April 2024.

After the hearing, HSE inspector Rebecca Gibson said: “This tragic incident highlights the duty on employers to ensure machinery, and other work equipment, is safe for use. Suitable guards would render dangerous parts of machinery inaccessible during normal use and would have avoided this serious injury to Mr Richardson.”

This prosecution was supported by HSE enforcement lawyer Sam Crockett.

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.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.