A major metal recycling firm has been hit with a £650,000 fine following a routine inspection by Britain’s workplace regulator.

ASM Metal Recycling, which operates four other metal recycling sites, including at locations in Bedfordshire and Hertfordshire, received enforcement action from the Health and Safety Executive (HSE) for failing to implement effective control measures to protect workers.

HSE inspector, Emma Page, visited ASM Metal Recycling at its Griffin Lane premises in Aylesbury on 3 and 8 August 2023. While there, she observed dangerous working practices, including a failure to segregate moving vehicles from pedestrians as waste was being manually sorted.

During her inspection, HM Inspector Page was able to take videos evidencing these practices – the videos show three pedestrian workers wearing yellow hi-vis sleeveless jackets, sorting waste in the yard in close proximity to three 360 grab excavators operating behind them.  As they continue to hand-sort the waste, a red HGV skip lorry pulls forwards and reverses towards and passed them.  At this point, two of the workers have their backs towards the still reversing HGV. The footage clearly reveals there are no measures, such as barriers, to prevent the reversing vehicle coming into contact with, and causing injury, or worse, to the workers.

The subsequent HSE investigation further identified that ASM Metal Recycling Ltd had previously identified the risks of pedestrian-vehicle collision but had failed to implement effective control measures to prevent this. At these times, pedestrian workers were exposed to risks of being struck by a vehicle.

HSE had previously served enforcement notices on ASM Metal Recycling Ltd in 2010, 2014, 2016, 2018.  HSE also wrote Notification of Contravention letters to the company in 2021 and 2023.

ASM Metal Recycling Ltd, of 55 Station Road Beaconsfield Buckinghamshire HP9 1QL, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act. They were fined £650,000 and was ordered to pay £5,885 costs at a hearing at Oxford Magistrates Court on 22 October 2024.

After the hearing, HSE inspector Emma Page said: “The scrap and metal recycling industry has consistently had a poor fatal incident rate for many years.

“The most serious risk associated with manually sorting waste is a collision between a vehicle and a pedestrian. On average, there are around five fatalities each year in the waste industry, with nearly half of these relating to being struck by a moving vehicle.

“Incidents happen because working practices have failed to achieve effective segregation of moving vehicles from pedestrians. During my inspection it was clear that this was the case at ASM Metal Recycling’s Griffin Lane premises in Aylesbury, and the fact we had previously identified these areas of concern but they were not acted upon resulted in HSE’s prosecution of the company. .”

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.
5. Further information and HSE endorsed guidance on hand-sorting of waste in the industry is also available.

A company has been fined following an outbreak of legionella at its sheltered housing accommodation in Birkenhead, putting vulnerable residents at risk of contracting Legionnaires’ disease.

The deadly bacteria was detected at Vincent Naughton Court following the sampling of its water systems in the communal areas and flats in July and August 2018.

With all 44 samples testing positive for legionella, the residents were then evacuated from the Sanctuary Housing premises in August 2018, before returning in October and November 2018 after the water system was remedied through the installation of a chlorination unit.

A Health and Safety Executive (HSE) investigation found Sanctuary Housing poorly managed the risk of legionella in the water system of Vincent Naughton Court, with staff inadequately trained and supervised. The residents were a particularly vulnerable group due to their age and underlying health issues, putting them at a higher risk of contracting Legionnaires’ disease.

The HSE investigation found that legionella was detected during testing on 16 and 31 July, which prompted a letter being written by Sanctuary Housing to residents, advising that work would be carried out on the water system on 6 August.

The letter, dated 3 August, misleadingly stated that the contaminated tap water could be stored in sinks and boiled in kettles. More importantly, the letter failed to inform residents that they should avoid using their showers, which would lead to residents being exposed to the risk of Legionnaires’ disease.

Further testing on 8 and 15 August confirmed legionella was still present as work to fix the water system was carried out. The residents were later evacuated on 24 August.

HSE guidance can be found at: Legionella and legionnaires’ disease – HSE

Sanctuary Housing Services Limited, of Castle Street, Worcester pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £900,000 and ordered to pay £11,480.60 in costs at Liverpool Crown Court on 22 October 2024.

HSE inspector Rose Leese-Weller said: “Sanctuary Housing failed to protect vulnerable residents living at Vincent Naughton Court through its mismanagement of the site’s water system. It is very fortunate that none of the residents became ill as they were allowed, without any proper warnings, to continue to use the grossly contaminated water for a large period of time. Not only was there a failure by Sanctuary Housing to manage the risk of contamination in its water systems, but the company had not provided its staff with adequate instruction and training.”

This HSE prosecution was brought by HSE enforcement lawyer Kate Harney 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 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.

The Secretary of State for Work and Pensions has confirmed two non-executive director appointments to the board of the Health and Safety Executive (HSE).

Professor Christopher Johnson and Dr Cathie Mackay replaced non-executive directors Susan Johnson and John McDermid on 1 October and will be in their roles for the next five years.

Chair of HSE, Sarah Newton, has welcomed the appointments.

She said: “I am delighted that Christopher and Cathie will be joining the HSE board. I am confident that they will both make a significant contribution. They are joining an effective and committed team of non-executive directors who are focussed on enabling the delivery of HSE’s vitally important mission of protecting people and places.”

Christopher was the first Chief Scientific Advisor to the UK Department of Science, Innovation and Technology, whereas Cathie has held health and safety leadership roles at FTSE 100 companies.

A registered safety practitioner, Cathie has led international graduate deployment programmes for environment, health and safety professionals, holds a PhD in environmental management and auditing and is also a non-executive director at the Institute of Environmental Management and Assessment.

After setting up and leading cyber security labs for UK civil nuclear licence holders, Christopher later became head of computing at the University of Glasgow, before serving as pro vice chancellor for engineering and physical sciences at Queen’s University Belfast.

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.

A farmer from Hampshire has received a suspended prison sentence after a worker fell to his death.

Phillip France lost his life after falling from the roof of a cow shed at Tickner Bros in Hampshire.

The self-employer labourer had been dismantling the cow shed with two other workers when he fell through a rooflight, landing on the concrete floor below on 7 June 2021.

He died from his injuries on 13 June 2021.

The team of workers had been working under the supervision of Philip Tickner.

An investigation by the Health and Safety Executive (HSE) and Hampshire Constabulary found Mr Tickner failed to put arrangements in place to either avoid working at height, prevent a fall or mitigate the consequences of a fall. None of the team of workers were competent enough to work at height as they lacked the understanding of the risks and the associated controls to manage the risks while working at height.

The joint investigation found Mr France had been removing bolt heads from the roof panels with his two colleagues who were walking along the roof with the removed panels, before loading them onto a telehandler. Mr France’s colleagues largely continued this working practice the day after the 57-year-old fell.

HSE guidance can be found here.

Philip Tickner, of Upper Lanham, Old Alresford, Alresford, Hampshire, pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974. He was handed a six-month custodial sentence, suspended for 18 Months, and ordered to pay £2,000 in costs at Winchester Crown Court on 18 October 2024.

HSE inspector Nicola Pinckney said: “Mr France was a well-known and liked man who lived in the local area and worked on different farms. He regularly visited and helped his elderly mother. He also leaves behind a sister and two brothers.

“This was a tragic incident that could so easily have been avoided. Readily available work at height equipment, and well known safe systems of work could have been created and implemented, using workers who were trained and competent to work at height, none of which happened in this case. I hope this case serves as an example and a reminder to others in the industry of the deadly risks they often undertake and how they should be approached.”

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 can be found here.

A contractor from Dorset has been fined after a tree fell onto a forestry worker and left him with life-changing injuries.

The 61-year-old man, who was 58 at the time, is now paralysed from the stomach down after the 21-metre ash tree landed on top of him at The Fonthill Estate in Salisbury, Wiltshire on 12 January 2022.

Gerald Hayward, who had been contracted as part of an ash dieback clearance programme, had been cutting the tree before it fell.

Mr Hayward, trading as G H Hayward Forestry Contractors, had been making a back cut to the tree when it fell in the wrong direction.

It then landed on the injured worker, who was standing in a nearby bridle path.

The worker, from Frome in Somerset, sustained eight broken ribs, a broken pelvis, two broken ankles, a collapsed lung and internal bleeding.

He was placed in an induced coma for two weeks and later spent four months in hospital.

An investigation by the Health and Safety Executive (HSE) found Mr Hayward, who was in charge of the tree felling, failed to implement a safe working zone around the tree as it was being felled. A safe working zone is usually twice the size of the tree, with only the felling operator permitted inside the zone. The tree fell in the unintended direction as the cut made by Mr Hayward did not leave a functioning hinge.

Gerald Hayward, of Blandford Forum, Dorset pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974. He was fined £1,000 and ordered to pay £1,000 in costs at Salisbury Magistrates’ Court on 15 October 2024.

HSE inspector James Hole said: “This was a serious incident that has led to an individual sustaining life-changing injuries meaning he is now unable to work and requires lifelong care.

“Mr Hayward failed to create a safe working zone around the tree while it was being cut down – this is a standard working practice for tree felling in woodland.

“He failed to implement the correct control measures and a safe system of work. Had Mr Hayward done this then this incident would have been prevented and the individual would not be paralysed and facing the rest of his life without the use of his legs.”

This HSE prosecution was brought by HSE enforcement lawyer Gemma Zakrzewski and supported by HSE paralegal officer Gabrielle O’Sullivan.

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 can be found here.