Construction firm fined for ignoring fire safety
A construction company has been fined after repeatedly failing to implement adequate fire safety measures during the renovation of a former warehouse being converted into 35 flats.
On 16 May 2023, Lancashire Fire and Rescue Service (LFRS) visited the Glovers Court project site in Preston, which was under construction. Due to significant fire safety concerns, LFRS instructed residents already occupying parts of the building to vacate immediately.
A subsequent HSE investigation identified several serious failings, including:
- No fire detection system;
- No means of raising the alarm in the event of a fire;
- Inadequate escape plans; and
- Construction work had not been phased to ensure fire compartmentation was maintained throughout the project to prevent fire spreading to all floors.
The HSE served a prohibition notice on Glovers Court Ltd, halting all work on site until sufficient fire precautions were implemented. An improvement notice was also issued, requiring the company to design and implement a fire management plan.
Despite these enforcement actions, HSE inspections in June and November 2023 found that construction work had continued without action being taken to comply with the notices.
Breaches
Glovers Court Ltd was found guilty of breaching the Health and Safety at Work etc. Act 1974, as amended, by virtue of the breaching Regulation 11(1) and Regulation 13(1) to the Construction (Design and Management) Regulations 2015 and Section 33(1)(g) of the Health and Safety at Work etc. Act 1974:
Penalty
Glovers Court Ltd was fined £165,000 and ordered to pay £10,512 in costs. Glovers Court Ltd has since entered liquidation.
Airport company fined following fatal incident
An airport operator has been fined following serious maintenance failures that led to the death of an employee.
On 11 January 2023, a worker was preparing to unload cargo from an aircraft at Glasgow Prestwick Airport using a pallet loader. While repositioning a guardrail, it suddenly gave way, causing the man to fall approximately 10 feet. The man died from his injuries.
An HSE investigation found that one of the guardrail posts had completely fractured, in which there were visible signs of significant corrosion, discolouration and flaking white paint in the affected area.
Further metallurgical examinations revealed that the guardrail posts were made from two different tubing sections, which were not in the manufacturer’s original design. It was believed that these sections had been added during the loader’s time in use at Glasgow Prestwick Airport. The welds were found to contain defects that allowed moisture ingress, causing the corrosion and accelerating deterioration.
There was no record of any modifications or repairs involving welding to the guardrails, and the maintenance regime in place at the time failed to cover the areas where deterioration could pose a safety risk.
Glasgow Prestwick Airport Ltd admitted that it had failed to maintain the pallet loader in an efficient state and good repair. The company also accepted that it had not implemented a suitable inspection and maintenance programme to identify corrosion or damage to the guardrails.
Breaches
Glasgow Prestwick Airport Ltd pleaded guilty to breaching Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998 and Section 33(1)(c) of the Health and Safety at Work etc. Act 1974:
Penalty
The company was fined £134,000 and ordered to pay a Victim Surcharge of £10,050.
Food wholesaler fined after worker suffers leg amputation
A food wholesaler in Norfolk has been fined after a worker’s leg had to be amputated following a serious incident during the loading of a lorry.
On 5 July 2023, an employee of Osprey Foods Limited was using a pallet truck to load an HGV when the vehicle unexpectedly pulled away. The worker, who was still inside the trailer at the time, fell along with the pallet truck into the gap between the loading bay and the moving vehicle, sustaining severe leg injuries. The injuries sustained were so severe the worker’s leg needed to be amputated.
An HSE investigation revealed that a traffic light system, designed to signal to drivers when it was safe to move, had been out of operation for several weeks prior to the incident and had not been repaired. As a result, the light remained green throughout the loading process, leading the driver to mistakenly believe it was safe to drive away, unaware that the worker was still in the trailer.
Breaches
Osprey Foods Ltd pleaded guilty to breaching Section 2(1) and Section 3(1) to the Health and Safety at Work etc Act 1974:
- Section 2(1) applies a duty on every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees.
- Section 3(1) applies a duty on every employer to ensure, so far as is reasonably practicable, persons other than employees are not exposed to risks to their health or safety.
Penalty
Osprey Foods Limited was fined £66,000 with £5,850 in costs.
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