Surrey businessman ignored health and safety warnings

Date:

16 December 2010

Release No:

COISE/1611

A Surrey-based businessman who ignored notices to stop dangerous work at his premises on an industrial estate in Guildford has been sentenced.

Mark Mason, 38, appeared before Guildford Crown Court, where he pleaded guilty to health and safety breaches.

Inspectors from the Health and Safety Executive (HSE) visited Peter Mason Skip Hire at North Moors, Slyfield Industrial Estate in Guildford on 4 June 2009, where they found skips and general waste stored in a way that put workers at risk from falling objects.

An Improvement Notice was issued ordering a reduction in the number of skips and waste materials stored on site. However, inspectors returned on nearly two months later (27 July 2009) and discovered Mr Mason had ignored the original order.

HSE then issued a Prohibition Notice ordering operation of the site to cease immediately, including the handling and emptying of skips and also preventing access to a workshop until the materials on the site could be stored appropriately.

Mr Mason was convicted of breaching section 2(1), of the Health and Safety at Work etc Act 1974 and breaching sections 21 and 22 of the Act for contravening the Improvement and Prohibition Notices issued upon him. He was sentenced to serve 240 hours of community service.

HSE Inspector Kari Sprostranova, said:

"Mark Mason put not only himself in danger, but his employees and other people in the area. He was extremely lucky that no one was injured as a result of the unsafe practices being used.

"Mr Mason was given ample time to correct the problem, but blatantly disregarded the Improvement Notice. HSE will hold employers to account if they do not comply with these notices."

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. Section 2(1) of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of every employer to ensure so far as is reasonably practicable, the health, safety and welfare at work of all his employees."
3. 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 (ending not earlier than the period within which an appeal against the notice can be brought under section 24) as may be specified in the notice.
4. Section 22 of the Health and Safety at Work etc Act 1974 states: (1) This section applies to any activities which are being or are [likely] to be carried on by or under the control of any person, being activities to or in relation to which any of the relevant statutory provisions apply or will, if the activities are so carried on, apply. [The section can be read in full ]

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