Fencing firm ignored safety notices

Date:

14 December 2010

Release No:

WW1412a

A Gloucester fencing company ignored orders to provide access to hot running water for staff and to ensure its local exhaust ventilation system was working.

The Health and Safety Executive (HSE) served both Improvement and Prohibition Notices on Andy Sutton Fencing Ltd ordering the firm to properly protect its workers from wood dust and dangerous machinery at its Great Western Road premises.

The offences came to light following a complaint about the site and several notices were served on the company following a visit by a HSE inspector in March 2010.

The notices covered a range of areas including requiring a thorough examination of a local exhaust ventilation system for the prevention of exposure to wood dust and providing running hot water within reasonable access of the premises.

Around a month after the compliance date, the inspector visited the site and found two of the improvement notices had not been complied with.

Andy Sutton Fencing Ltd, of Great Western Road, Gloucester pleaded guilty to two breaches of Section 33 (1) (g) of the Health and Safety at Work Act 1974 at Gloucester Magistrates Court.

The company was fined £3,000 and ordered to pay costs of £2,369.

Following the hearing, HSE Inspector, Ian Whittles, said:

"This firm disregarded notices that were issued to safeguard the health of its own employees.

"Compliance with prohibition and improvement notices is a legal requirement and the notices cannot be disregarded in this way.

"Ignoring notices is unacceptable and puts the safety and welfare of workers at risk. Also, as this firm discovered to its cost, it is liable to end up in a prosecution."

Notes to editors

1. The Health and Safety Executive (HSE) is Britain's national regulator for workplace health and safety. It aims to reduce 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.
2. Section 33 (1) (g) of the Health and Safety at Work Act 1974 states that: "It is an offence for a person to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as modified on appeal)."
3. Further advice and information on prohibition and improvement notices can be found on the HSE website at http://www.hse.gov.uk/pubns/hsc14.htm
4. The court also ordered the defendant to pay a separate £15 victim surcharge, the proceeds of which will be spent on services for victims and witnesses.

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Issued on behalf of the Health and Safety Executive by COI News and PR (South West)