When there was the opportunity to sort out their failures, but they repeatedly failed to comply
What happened?
HSE inspectors received reports of poor conditions at a skip hire company. When they arrived, they found skips loaded with waste material stacked along the public highway and piles of other waste preventing workers from safely moving around the site and blocking access to facilities, including staff toilets.
The HSE immediately issued prohibition notices preventing any further stacking of the skips. A follow-up visit less than a month later, however, found that the enforcement action had been ignored.
Subsequent enquiries found the company did not hold Employers’ Liability (Compulsory Insurance), a legal requirement. Further prohibition notices were served, including the prevention of hand-sorting of waste from skips on the pavement, due to the risks to passing members of public.
There was no effective health and safety management and an apparent loss of control over general conditions, and there had been no attempt to reduce the risk from hazards on-site to safeguard employees.
The company, and its sole director, failed to comply with the enforcement notices. The HSE prosecuted.
Legal Outcome
The skip hire company was found guilty of non-compliance with three prohibition notices, to breaching sections 2(1) and 3(1) of the Health and Safety at Work Act, and breaching section 1(1) of the Employers’ Liability (Compulsory Insurance) Act 1969. The company was fined £65,000 and ordered to pay £13,280 in costs.
The company director was found guilty of non-compliance with two prohibition notices and to breaching sections 2(1) and 3(1) of the Health and Safety at Work Act by virtue of section 37(1), and also section 1(1) of the Employers’ Liability (Compulsory Insurance) Act 1969.
He was given an eight-month custodial sentence, suspended for 12 months, and must complete 150 hours of unpaid work. He was also disqualified as a company director for three years and ordered to pay £13,280 in prosecution costs.
What can we learn from what happened?
Firstly, this case highlights the value of reporting unsafe situations to, in this case, the HSE. The hazards presented were very visible and not only put employees at risk, but also members of the public. The HSE are always likely to follow up on such a report, and take action as necessary.
The non-compliance with the first prohibition notice then prompted further investigation, which led to the discovery of non-compliance with employers’ liability insurance legal requirement. The HSE are always likely to dig deeper if they suspect the poor safety culture is deep enough.
Then the non-compliance with the subsequent prohibition notices prompted the prosecution. The HSE are always likely to prosecute when there have been such a catalogue of failures and non-compliance. The skip hire company had every opportunity to deal with their failures at a very early stage, but didn’t and so the company and the company director himself have rightly paid the penalty.
Source of Information
IOSH Magazine