An employer who the HSE recorded as acting in a verbally aggressive manner towards an inspector during a site visit was instructed by his counsel to apologise for his behaviour.
Although his behaviour was not referred to in court as part of the case, the owner of lighting supplier Keylighting Ltd, Nick Robinson, was told to apologise for the “apparent personality clash” with the lead inspector after the firm was prosecuted for subjecting staff to unacceptable workplace conditions.
HSE inspector Morag Irwin visited the Keighley-based firm in December 2010, after the regulator received a number of complaints about conditions at the site on Alincote Street. She discovered a catalogue of health and safety failings, including toilets in a dire state, with blocked sinks, out-of-order cisterns, which were still being used, no running water for hand washing, and rubbish strewn around the toilet area.
The HSE arranged for an occupational-hygiene inspection to be carried out by a specialist, who found workplace temperatures ranging from 4OC in the toilets to 10OC in the stores and welding areas, in what was the coldest December for many years.
There was no ventilation in the welding area to allow for the removal of fumes, and the protective equipment for workers was ineffective. In one of the spray booths, for example, an operator was found with powder contamination around his face, neck and hands, and a large amount of powder dust had escaped from the booth.
Five Improvement Notices were served on the company in relation to a number of issues, including welding, powder coating, noise, hand-arm vibration, and workplace temperatures.
A further inspection was carried out in January 2011 by an electrical specialist, who found an eight-month-old report from a separate company, which had revealed 70 electrical defects. Seven of these were designated ‘Code 1’ and required urgent attention, yet not one had been addressed. Consequently, the HSE served an additional seven Improvement Notices, relating to each of these defects.
Speaking to SHP after the hearing, Inspector Irwin said that, during her investigation, she found the owner to be hostile and unreasonable, accusing her, for example, of exaggerating the temperatures at the site. His behaviour led the HSE to mark the site as unsuitable for inspectors to visit unless accompanied by a colleague.
Keylighting Ltd appeared at Bradford Magistrates’ Court on 18 July to answer a charge of breaching s2(1) of the HSWA 1974 between 25 May 2010 and 25 January 2011. The company pleaded guilty and was fined £8000, and ordered to pay £20,000 of the HSE’s full £39,000 costs.
The judge had originally booked a two-day Newton Hearing, because neither the defence nor prosecution could agree a basis of plea, but this was avoided after he ordered counsel for the company to negotiate a basis of plea that determined the issues more precisely.
“This was, without doubt, the worst workplace I have inspected in more than ten years with HSE,” Inspector Irwin said after the hearing. “The conditions the employees had to endure at work were totally unacceptable, a threat to workers’ health, and in breach of many health and safety regulations.
“During the coldest December in more than a century, some employees were working in temperatures only a few degrees higher than they were outside. A report highlighting serious electrical hazards had been allowed to gather dust. There was no one at the company with the competence to manage even the most basic levels of health and safety.”
Keylighting was also prosecuted in 2003 in relation to heating defects.
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By my reckoning, the undoubtedly guilty party, still got off too lightly.
Sure, the HSE would have been pursuing other charges which wouldn’t have been brought to court. From what the text says, I’m at a loss as to why they weren’t!
The Taxpayer was also left with a bill of £19 Grand too!
I am sure that I’m not alone in wondering that, despite the conviction, any real improvements in working conditions will be made for the people who work at this company!
surely 40 degrees F is the cold temp in the toilets and 100 degree F was the high temp in the work area. Not degrees C.
Stated above
There was no one at the company with the competence to manage even the most basic levels of health and safety.”
So why permit them to proceed further? The issuing of IN`s did not eradicate this scenario.
There is too much back slapping in the HSE for crap convictions to my reckoning.
This is one of those “Small and Medium Enterprises” which are “Low Risk” so the need for audits and checks should be reduced and they know what they are doing. (says government)
The big companies may get headlines but they also have such as ISO19001, OHSAS18001 so are externally audited and know what they are doing. It is the lesser companies that are the problem.
Is there not a law about “Endangering life”? Why was this not considered? Surely Nick Robinson is not a “fit and proper person” to be running a company with high risk Health & Safety issues. Will he just start up agin until he is found out? I sincerely hope not.
I wondering what Mr Cameron and his ‘red tape brigade’ make of this ‘unecessary bureaucratic interference’ with such a considerate caring and well meaning employer. Perhaps a few days working in a freezing filthy contaminated environment may change his mind – then again maybe not
Crazy is it not. The HSE spend £39,000 to get a conviction and fine of £8,000. I presume their expenditure was on investigating the other breaches but then these were not brought to court.
Anthony, many do believe you but what we need is for the HSE to start “intelligence based policing” to stop the criminal activity before it leads to serious injuries and ill health.
A plethora of immediate hazardous situations with 12 Improvement Notices and not one Prohibition Notice. To top this shambles, a prosecution under sec2 without reference to the host of other obvious breaches of legislation and the HSE left with a bill of some £19,000. And this is a success?
Hi Bill – It’s 4 degrees C and 10 degrees C – the degrees sign has now been amended so it is clearer.
This just goes to show that their are still far too many companies out there that have total disregard for employee safety and welfare. The PM should stop cutting the numbers of inspectors and have a major recruitment for H&S and environmental inspectors. Believe me there many more companies out there operating in the dark ages.
Copy of this report to the PM and Lord Young to further indicate that Health and Safety are a waste of time? Except for the working class who are exposed to such conditions.