Firework manufacturer fined after a worker was killed in an explosion
A company based in Peterborough has received a six-figure fine after a young father was killed in an explosion at a firework factory.
On 2 October 2018, the 24-year old employee was working for Le Maitre Ltd. The worker was making a pyrotechnic composition when one of the products ignited, causing a significant explosion. The employee suffered serious burns in the explosion and died of his injuries the following day.
An HSE investigation determined that the system of work for working with explosive materials was not safe. The tools the worker was provided with were unsuitable for handling the explosive materials and the facility in which he was working was not of an appropriate standard.
The company also failed to provide the worker with adequate training and he was not appropriately supervised.
Breach
Le Maitre Ltd (now known as LM140121 Limited) was found guilty of breaching Section 2(1) of Health and Safety at Work Act 1974:
- Section 2(1) requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees.
Penalty
Le Maitre Ltd was fined £500,000 and ordered to pay costs of £ 20,788.65.
Six-figure fine for garden landscaping company after an employee died at work
An East Yorkshire-based company has been fined after an employee died while loading a lorry.
On 15 June 2020, the employee was operating a forklift truck at the company’s site in Pollington, East Yorkshire. The employee was fatally injured when the lorry he was loading was moved by the driver, pulling the forklift truck over and trapping him underneath.
An HSE investigation found that the company’s risk assessment failed to account for the possibility of lorries moving while they are being loaded. The HSE also found that the systems of work for ensuring that vehicles were not moved during loading activities were inadequate.
Breach
Kelkay Limited was found guilty of breaching Section 2(1) of Health and Safety at Work Act 1974.
Penalty
Kelkay Limited was fined £600,000 and ordered to pay £20,848.71 in costs.
Company and director prosecuted for unsafe removal of asbestos
An asbestos removal company has been prosecuted after failing to ensure the safe removal of asbestos. The company’s director has also been given a prison sentence.
Asbestos Boss Limited, also known as Asbestos Team, and its director advertised as a licensed asbestos removal company. The company removed licensable material from domestic properties throughout Great Britain.
An HSE investigation found that Asbestos Boss Limited had never held a licence. The company’s poor working practices resulted in the large scale spread of asbestos and exposure to homeowners and their families. Little to no precautions were taken by the company. Therefore, the company’s workers, as well as anybody at the premises they were working on, were at serious risk of exposure to asbestos.
The company and their director also breached a prohibition notice on several occasions.
Breaches
Asbestos Boss Limited was found guilty of breaching Regulation 8(1) and Regulation 11(1)(a) of the Control of Asbestos Regulations 2012 and one charge relating to the failure to comply with a prohibition notice at two separate addresses, which prevented them from working with licensed asbestos materials.
- Regulation 8(1) requires employers to hold licences before undertaking any licensable work with asbestos.
- Regulation 11(1)(a) requires every employer to prevent employees from being exposed to asbestos, so far as is reasonably practicable.
The company director pleaded guilty to breaching Section 37 of the Health and Safety at Work Act 1974 in relation to the company’s failure to comply with Regulation 8(1) and Regulation 11(1)(a) of the Control of Asbestos Regulations 2012 as well as the charge for breach of a prohibition notice
- Section 37 applies where a proven offence was committed by a body corporate with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary, member or other similar officer of the body corporate, and makes these persons guilty of that offence and liable to be proceeded against and punished accordingly.
Asbestos Boss Limited and the director were also prosecuted by Stockport Trading Standards in a jointly run case with HSE. The director and the company were both charged with fraud in relation to falsifying training certificates, a business insurance document and unauthorised use of trade association logos. This gave the impression that the business was credible and that workers were adequately trained and competent in relation to asbestos removal.
Penalties
Asbestos Boss Limited is awaiting sentence.
The company director was immediately imprisoned for 6 months and ordered to pay victim compensation.
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