Recent prosecutions: Counting the cost of poor compliance

Developer fined £165,000 for repeated fire safety offences 

A construction company has been forced into liquidation following a string of fire safety offences.  

In May 2023, the Lancashire Fire and Rescue Service (LFRS) visited a warehouse that was being converted into residential apartments. After several fire safety breaches were identified, the developer received a prohibition notice and current residents were required to leave their homes. 

A follow-up inspection by the Health and Safety Executive (HSE) revealed further fire safety failings related to the construction project, including no fire detection system, no means of raising the alarm in case of a fire, inadequate escape plans, and work not being phased to ensure fire compartmentation.

A further prohibition notice and improvement notice followed. However, the HSE later found that construction had continued without any effort to improve fire safety. 

The developer was found guilty on four charges of breaching the Health and Safety at Work Act, was fined £165,000, and ordered to pay £10,512 in costs.

£85,000 penalty following fatal forklift truck accident

A business received a fine of over £85,000 after a driver was killed while using a forklift truck to load a heavy goods vehicle (HGV).

The 60-year-old’s forklift truck overturned as the HGV he was loading moved forward unexpectedly. The worker, who was not wearing a seatbelt, was trapped under the vehicle and suffered fatal injuries.

An HSE investigation revealed that the man’s employer had failed to sufficiently manage vehicle movements through safe systems of work or to enforce seatbelt rules for forklift truck operatives.

The hearing suggested that a seat belt would have likely saved the worker’s life.

The company pleaded guilty to breaching regulation 2(1) of the Health and Safety at Work etc Act 1974 and was ordered to pay a fine of £86,710 and £5,903 in costs.

Wood supplier fined £40,000 for poor wood dust protocols

A wood supplier was hit with a £40,000 fine for repeatedly exposing staff to harmful wood dust.

An HSE inspection found inadequate control measures, prompting enforcement action against the company. Investigators observed dust covering the workshop floor, highlighting ongoing safety failures that put employees at risk of inhaling hazardous particles.  

Despite a previous enforcement notice related to wood dust offences, the business neglected to take remedial steps.

In this scenario, recommendations would typically include:

• Providing and maintaining local exhaust ventilation systems.
• Having appropriate face-fit tested respiratory protection.
• Carrying out health surveillance to monitor workers’ lung health.‍

Prevent penalties across your own business 

For simple answers to your most complex compliance concerns, chat with an Opus Safety consultant. Our targeted risk assessments, occupational health services, and consultancy partnerships have helped hundreds of employers protect staff and transform safety performance.

Get in touch on 0330 043 4015 or email hello@opus-safety.co.uk.