Health and Safety Failings – Company fined after 31 enforcement notices served

Company fined after 31 enforcement notices served

Key Facts:

• 31 enforcement notices identifying 57 safety breaches were served to a metals company in just three months.
• The firm repeatedly failed to take appropriate action.
• In total, the firm was fined £36,000 and ordered to pay £36,000 in costs.

The Case:

A metals firm have been prosecuted after a shocking 31 enforcement notices were served in just three months to the ‘serial safety offender’, identifying 57 safety breaches.

The investigation into the company’s practices found that the firm repeatedly risked workers’ lives by forcing them to use dangerous machinery. The company allowed employees to continue to operate vehicles and machines with class ‘A’ defects – meaning ‘immediately dangerous’. They continued to use the machines even after they were specifically prohibited from doing so by the HSE.

A complaint about the state of the firm’s vehicles led to an HSE visit in May 2012, after which twenty enforcement notices were served to the company. These covered a variety of safety failings, ranging from the condition of machines to the provision of basic welfare facilities.

There were four more visits between then and August, where a further eleven notices were served. Seven of these banned the use of 3 forklift trucks, 3 mechanical grabs and a loading shovel that had no breaks. Numerous extensions were granted, but the company continually failed to take adequate action. On at least two occasions, the HSE identified that the prohibited machines were still being used, despite none of the defects having been rectified.

During the last inspection, the banned loading shovel was found to have clocked up a further 80 hours working time.

The case was heard at Sheffield Crown Court on 19 March 2015. The firm pleaded guilty to a single breach of the Provision and Use of Work Equipment Regulations 1998; and multiple breaches of the Health and Safety at Work etc Act 974, three relating to Prohibition Notices and two for offences of non-compliance with Improvement Notices. In total, the firm was fined £36,000 and ordered to pay £36,000 in costs.

What the HSE inspector had to say:

Speaking after the hearing the HSE Inspector Denise Fotheringham stated that:

“Meadowbank Vac Alloys displayed a reckless disregard for the safety of its employees and a persistent contempt for the legal notices issued requiring the firm to bring equipment to an acceptable standard.

HSE exercised protracted patience with the company and was in regular contact with the director to ensure what was needed to comply was clear, unambiguous and fully understood.

Despite being given ample opportunity, Meadowbank chose to ignore their responsibilities; put workers in danger on a daily basis; defy the law and turn a deaf ear to information, advice and guidance conveyed by inspectors and an independent engineer.”

What the law states:

Regulation 5 of the Provision and Use of Work Equipment Regulations 1998 states:

Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.

Section 21 of the Health and Safety at Work etc Act 1974 states:

If an inspector is of the opinion that a person (a) is contravening one or more of the relevant statutory provisions; or (b) has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated, he may serve on him a notice (in this Part referred to as “an improvement notice”) stating that he is of that opinion, specifying the provision or provisions as to which he is of that opinion, giving particulars of the reasons why he is of that opinion, and requiring that person to remedy the contravention or, as the case may be, the matters occasioning it within such period as may be specified in the notice.

Section 22 of the same Act states:

Where an activity involves, or will involve, a risk of serious personal injury, health and safety inspectors may serve a prohibition notice prohibiting the activity immediately or after a specified time period, and not allowing it to be resumed until remedial action has been taken. The notice will explain why the action is necessary.

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