Health and Safety / Corporate Manslaughter – Q1 2024

This quarterly update provides a summary of a selection of news stories relating to health and safety law investigations and prosecutions, as well as key corporate manslaughter cases, in the period January 2024 – March 2024.

JANUARY 

Company and director sentencing for corporate manslaughter offences

A construction company has been sentenced for a corporate manslaughter offence following the death of an employee at building site in Birmingham’s Jewellery Quarter in 2019.

The employee was removing supporting metal bars with an angle grinder as part of a large-scale renovation project. He was not aware that the metal bars were vital for support of the structure. The structure collapsed and crushed the employee, killing him.

The incident was investigated by the HSE and West Midlands Police who found that Stonehurst Estates Ltd worked on the sensitive structure without a proper plan and sequence in place. No risk assessment had been put in place, and none of the site workers had expertise in demolition work. A prosecution was brought by the Crown Prosecution Service.

On 17 January 2024, the company pleaded guilty to corporate manslaughter contrary to section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007 and to breaching section 33(1) of the Health and Safety at Work etc. Act 1974 (the “HSWA”) in that it failed to discharge the duty imposed on it by regulation 20(1) of the Construction (Design and Management) Regulations 2015.

Simon Briggs, principal director of Stonehurst Estates Ltd, pleaded guilty to contravention of a health and safety regulation contrary to section 33(1) of the Health and Safety at Work etc Act 1974, in that the offence committed by the company was attributable to neglect on his part. The site foreman, Vasyl Bychkov, pleaded guilty to failing to take reasonable care for the health and safety of others at the site (as required by section 7 of the HSWA), thus breaching section 33(1) of the HSWA.

Sentencing took place on 15 February 2024. The company was fined £450,000 for corporate manslaughter and was ordered to pay costs of £167,601. Mr Briggs was sentenced to 23 weeks’ imprisonment, suspended for 18 months, while Mr Bychkov received a community order of 130 hours of unpaid work.

 

Companies penalised following fatality at bus depot

A tragic incident at the Hemel Hempstead bus depot resulted in the death of Albin Trstena, a 25-year-old worker employed by Cordant Cleaning Limited. Trstena was fatally struck by a reversing bus operated by a colleague on 5 November 2019, at Arriva's depot. The incident highlighted lapses in safety protocols regarding the interaction between vehicles and pedestrians in the workplace.

Arriva Kent Thameside Limited and Cordant Cleaning Limited, subsequently known as C.L.C Realisations Limited, were found culpable for failing to adequately assess and manage the risk of vehicle-pedestrian conflicts at the depot. An investigation conducted by the HSE found deficiencies in safety measures to protect pedestrians and ensure the safe movement of vehicles within the depot premises.

C.L.C Realisations Limited (in administration) offered no plea but was found guilty of breaching section 2(1) of the Health and Safety at Work etc. Act 1974 and fined a nominal £1,000. Arriva faced a fine of £32,000 and additional costs amounting to £22,392 for similar breaches. HSE inspector Roxanne Barker emphasised the preventable nature of the incident, citing failures in implementing safety measures and assigning responsibility for ensuring safe working practices, particularly in shared workplaces.

 

Falsified documents lead to fine for company director

James Pett, director of Reliable Insulations and Fibre Control Ltd, was fined £5,000 after falsifying asbestos removal documents during work at Abbotts Apartments in Brighton. Mr Pett created a fraudulent 4-Stage Clearance certificate, required by law to ensure safe asbestos removal. With the project behind schedule, Pett opted against an independent safety check, instead falsifying the certificate to allow further maintenance work.

An investigation by the HSE revealed Mr Pett used a previous authentic certificate to deceive involved parties.

On 18 January 2024, at Bromley Magistrates’ Court, Pett pleaded guilty to breaching section 33(1)(m) of the Health and Safety at Work etc. Act 1974 and was issued with a financial penalty of £5,000. In a press release, HSE inspector Russell Beckett condemned Pett's reckless actions, stressing the importance of proper asbestos safety procedures.

 

Corporate manslaughter conviction leads to £2m+ fine for recycling company

A recycling company has been convicted of corporate manslaughter following the death of an agency worker at one of its sites.

In January 2020, Dean Atkinson was returning from the site’s welfare cabins to his workstation on the picking line. He crossed a traffic area at the site where a number of machines, including two loading shovels, were operating. Due to the lack of suitable traffic management arrangements, including adequate segregation of machinery from pedestrians, Mr Atkinson was struck and killed by one of the loading shovels.

Investigations were undertaken by the HSE and Cleveland Police, and Ward Recycling Limited was subsequently prosecuted by the Crown Prosecution Service. The findings of the HSE investigation included that an area of more than 10 metres in front of the loading shovels could be obscured from the drivers’ view, which makes the vehicles particularly dangerous.

Following a trial at Middlesbrough Crown Court, the company was found guilty of breaching section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007, and sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. It was fined £1.75m for corporate manslaughter and £400,000 for breaching health and safety regulations.

Following the sentencing, an HSE inspector noted that simple control measures, in the form of an alternative traffic route to protect pedestrians, were put in place within a week of the incident occurring.

Corporate manslaughter convictions are brought relatively infrequently, as they can be difficult to prove. It is rare for such charges to go to trial, with many companies pleading guilty.

 

Company convicted following death of 21-year-old worker

Electrostatic Magic Limited received a £67,000 fine after the tragic death of 21-year-old employee George Setchfield. He was found unconscious over an Intermediate Bulk Container (IBC) containing hazardous chemicals at the company's site in Peterborough. He could not be revived due to severe organ failure and chemical burns.

Investigations by the HSE revealed failures by the company to control exposure to hazardous substances, including dichloromethane and hydrofluoric acid. The company neglected to implement safety measures such as local exhaust ventilation and appropriate personal protective equipment.

Electrostatic Magic Limited pleaded guilty to breaching regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002 and Article 67 of the REACH regulation. The company was fined £67,000 and ordered to pay £7,231 in costs at Peterborough Magistrates’ Court on 19 January 2024.

HSE inspector Tom Pouncey stressed the need for improved awareness and safety measures within industries involving hazardous chemicals.

 

£60,000 Penalty for Textiles Company after worker’s arm was caught in machine

A textiles company near Chorley was fined after a worker suffered severe injuries to his arm when it was caught in a malfunctioning fabric spooling machine.

An HSE investigation revealed that, on 20 June 2022, the man's sleeve got entangled with an exposed grooved spindle when he attempted to manually slow down the machine due to a brake malfunction. Despite being aware of the risks posed by the moving spindle, the worker’s employer, Pin Croft Dyeing and Printing Co. Limited, failed to either remove or properly guard it. The worker sustained fractures in both major bones of his forearm as well as serious tissue damage, leading to a hospital stay of four nights and a six-month absence from work.

On 31 January 2024 at Preston Magistrates Court, the company pleaded guilty to breaching section 2(1) of the Health and Safety at Work Act 1974. It was fined £60,000 and was ordered to pay £2,147 in costs. 

 

FEBRUARY

Farmer fined after friends had to climb tree to escape cow attack

During a walk in North Yorkshire, Janicke Tvedt and David Hood were forced to climb a tree to escape an attack by more than a dozen cows while accompanied by their dog, a Labrador named Goose, on 25 July 2021. The incident left Ms Tvedt severely injured, sustaining seven broken ribs, a broken thumb and life-altering internal injuries.

An investigation by the HSE found that the farmer, Martin Falshaw, had failed to adequately protect the public from cattle on a field with a public right of way, including by neglecting to replace a destroyed warning sign.

Falshaw pleaded guilty to breaching Section 3 (2) of the Health and Safety at Work etc. Act 1974. He was fined £770.50 and ordered to pay £4,539 in costs.

Following the sentencing, the HSE emphasised the potentially fatal consequences of such incidents and stressed the need for farmers to prioritise public safety, advising against placing cattle, especially those with calves, in fields accessible to the public.

 

Care home convicted following death of resident

Following the tragic death of a resident at Springfield Bank Care Home in Scotland, the care home operator, HC-One Ltd, has been fined for safety breaches. The vulnerable resident, aged 95, was found in the care home's external courtyard in her nightwear after having fallen and struck her head. Despite efforts to rescue her, she passed away in hospital two days later.

An investigation by the HSE revealed that the resident was able to access the courtyard unsupervised, and that she spent considerable time alone outside before staff discovered her. At Edinburgh Sheriff Court on 22 February 2024, the care home provider pleaded guilty to breaching sections 3(1) and 33(1)(a) of the Health and Safety at Work etc. Act 1974. The company was fined £400,000.

The court heard that measures such as keeping courtyard doors locked at night or implementing a system to alert staff of courtyard access could have prevented the tragedy. The HSE emphasised the avoidable nature of the incident and highlighted the expectation of families that their loved ones will be safe in care.

 

Unregistered plumber handed suspended prison sentence

Anthony Rice, trading as Rice Plumbing and Oil Heating, received a suspended prison sentence after performing illegal gas work at a house in Peterborough. Mr Rice replaced a gas boiler and altered gas pipe work at the property on Edwalton Avenue, but mistakenly connected the gas supply with water, flooding the property's gas pipes and meter. Cadent gas engineers later rectified the issue, deeming the installed boiler immediately dangerous.

An HSE investigation revealed that Mr Rice was not registered with the Gas Safe Register, a strict legal requirement for gas work. He also lacked qualifications and training in gas work.

On 26 February 2024, he pleaded guilty at Peterborough Magistrates’ Court to contravening regulations 3(1) and 3(3) of the Gas Safety (Installation and Use) Regulations 1998, contrary to section 33(1)(c) of the Health and Safety at Work etc. Act 1974.

Rice was sentenced to six months in prison, suspended for six months, and ordered to pay £3,000 in costs.  

Fractured skull results in conviction for company

Cubicworks Ltd, a company in Salford, was fined £160,000 after a worker sustained severe injuries during a property refurbishment in central Manchester. Dean Noble fell through a gap in the balustrade, landing in the basement three meters below, resulting in multiple fractures to his skull and femur.

The HSE investigation revealed that Cubicworks, the principal contractor for the refurbishment, had failed to ensure adequate edge protection to prevent falls at the premises. Mr Noble’s life has significantly changed since the incident, as he now relies heavily on his wife for daily tasks.

On 28 February 2024, Cubicworks Ltd was found guilty of breaching section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £160,000 and ordered to pay £3,815.85 in costs at Manchester Magistrates’ Court

The HSE stresses the importance of thorough risk assessments and implementing suitable control measures for work at height activities.

 

MARCH

Construction firm penalised following worker’s death

Amberley Homes (Kent) Ltd, a construction company, was fined after a subcontractor fell nearly two meters through an unguarded opening in a scaffold and later died from his injuries. The incident occurred during the construction of six houses in Headcorn, Kent.

An HSE investigation found that Amberley Homes had failed to appoint a competent person to manage the construction site and ensure the safety of workers. The company neglected to maintain a safe working platform on the scaffold and did not effectively control access to it, leading to the significant risk of falling. Despite concerns raised by their safety consultant, Amberley Homes did not adequately monitor or address the safety issues on the site. HSE guidance emphasizes the importance of planning, managing, and monitoring health and safety during the construction phase of projects.

Amberley Homes entered a guilty plea to breaching eegulation 13(1) of the Construction (Design and Management) Regulations 2015 during a trial at Maidstone Nightingale Court in January 2024. The company was fined £25,000 and ordered to pay £83,842.34 in costs at Canterbury Crown Court on 15 March 2024.

 

Pizza maker fined following machinery incidents

Stateside Foods Limited, a leading supplier of supermarket pizzas, faced a significant fine following incidents at its Bolton factory in 2020.

One worker suffered severe arm injuries after being caught in an inadequately guarded conveyor belt, resulting in muscle removal and requiring a skin graft. In a separate incident, another employee lost part of his middle finger when his hand was drawn into machinery during a night shift. Despite undergoing surgeries, the victim continues to experience pain and limitations in daily activities.

An HSE investigation revealed inadequate guarding of machinery, insufficient checks on protective measures and disabled guarding systems at the facility. Stateside Foods pleaded guilty to breaching sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £800,000 and was ordered to pay £5,340 costs at a hearing on 15 March 2024 at Bolton Crown Court.

 

Health board fined following deaths of patients

Lothian Health Board has been fined more than £200,000 for safety violations following the deaths of two patients at Western General Hospital in Edinburgh.

One patient, aged 55, fell over 11 meters from a second-floor window in the Neurosurgery Ward due to the window not being restricted as required. The patient had undergone surgery and was at increased risk due to confusion and anxiety. In another incident, a 79-year-old patient with hallucinations and confusion fell from a first-floor window after attempting to abscond multiple times. Plans to transfer the patient to a secure ward were hindered by Covid-related restrictions on inter-ward transfers.

The health board pleaded guilty to breaching health and safety regulations and was fined £45,000 for the first incident and £175,000 for the second.

In a press release following the hearing, the HSE emphasised the duty of health care providers to ensure patient safety and manage risks effectively, and stressed the importance of adhering to standards for window openings and implementing appropriate measures to prevent falls.

 

Firm penalised following tragic death of site engineer

A civil engineering company based in Hertfordshire has been penalised following an incident in which James Rourke, a 22-year-old site engineer, who had recently graduated from University, was fatally struck and run over by an excavator.

Work was going on at a residential construction site in Brampton, Cambridgeshire on 18 November 2019. Mr Rourke, who had recently joined Materials Movement Limited, was attaching warning signs to fencing when the accident occurred. According to the HSE, despite guidelines outlining precautions to control excavator hazards, the company failed to plan and manage the work effectively, neglecting to supervise Mr Rourke and the excavator operator properly and ensure a safe working environment.

Materials Movement Limited pleaded guilty to breaching regulation 15(2) of the Construction (Design and Management) Regulations 2015 and was fined £133,330, with additional costs, at Peterborough Magistrates’ Court.

 

More Information 

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About the Authors

Úna Campbell  works on a broad range of matters, including criminal defence and police investigations; white collar and financial crime; international crime and extradition; private prosecutions and public inquiries.

Sophie Wood is a legal director with extensive experience in advising corporate and individual clients involved in a wide range of internal, criminal and regulatory investigations and public inquiries. Sophie is Publicity Secretary of the of the Young Fraud Lawyers Association.