Offences and penalties report - Examples of HSE’s formal enforcement work

Campaign work - targeting enforcement to improve standards – workplace transport

A two-week initiative in Autumn 2004 aimed at improving workplace transport practices ran across Kent and Medway and illustrates the benefits of regulators working together. The initiative comprised a major inspection and awareness raising programme between HSE, Kent Police and Local Authorities. The inspection phase targeted food transport from producer and importer to consumer. Company size ranged from owner-drivers to sites with 650 employees. Over 80 inspectors/officers were involved, 475 inspections completed, 108 notices issued and over 50 dangerous vehicles taken off the road. Media coverage reached an estimated 1.5 million people. As a result, many companies reduced transport risks by, for example, segregating vehicles and pedestrians, reducing reversing and increasing driver training. The effect of the campaign spread beyond Kent with one supermarket chain rolling out risk reduction measures to 265 stores, 122 000 employees and their contractors.

Prosecution of company director who showed reckless disregard for the safety of an employee

A female farm worker received two substantial electrical shocks when the motorised lifting equipment she was using to move pig huts touched overhead power lines. She had been employed at the farm for less than one month and had only received a few minutes training in the use of the equipment. The training was provided by a 16 year old boy who was also untrained in its use. She had also received no information or guidance about the dangers of overhead power lines. She received life threatening injuries resulting in permanent disability.

The director who employed her was aware she was untrained and had personally instructed her to use the equipment. The director was prosecuted in the Crown Court. The director pleaded guilty to five charges and received fines totalling £40,000 with costs of £22,000 awarded to HSE.

Prosecution of a contractor who put others at risk for financial gain

Most of HSE’s prosecutions result from an investigation into an accident. However, we are increasingly trying to target our enforcement activity where there is a risk of somebody being harmed at work, particularly when it is done for financial gain.

In a recent case a court decided that a contractor had placed three of his employees at risk of a fatal fall from height. He had not provided suitable scaffolding or ladders for them to use while they were salvaging slate tiles from a building which was due to be demolished, nor had he trained them in safe work at height. The cost of erecting a scaffold would have only been £550, but it exceeded the reclaim value of the slates by up to 50%.

Two of the men were spotted sitting on the ridge of a building by an HSE inspector driving past. He issued a prohibition notice and began an investigation. Approximately five months from this date, the individual attended court, pleaded guilty and was fined £3000 and ordered to pay full costs.

Working with police – manslaughter charge

Recently, a company director was convicted of manslaughter and received a 12 month custodial sentence with his company being fined £30,000.

The case arose following the death of an employee who was fatally injured when clearing a blockage from inside a piece of large machinery, which had not been securely electrically isolated. There followed an investigation conducted according to the Work Related Death Protocol by HSE staff and police officers.

The case attracted some national and significant local media coverage including television, radio, press and online news services. HSE believes that this sort of press coverage provides a multiplier effect for our enforcement activities and gets the sensible health and safety message to a wide audience.