The Health and Safety Executive for Northern Ireland (HSENI) aims to protect the health, safety and welfare of employees and to safeguard others who may be exposed to risks from work activities.
Where circumstances warrant it HSENI inspectors may identify and recommend prosecution against an individual or corporate body.
The following documents outline details of prosecution cases taken on behalf of HSENI and which resulted in a successful conviction.
To account for the appeal process a period of nine weeks will elapse following conviction before a case is added to the public register. Where HSENI is notified of an appeal outside this period the case will be removed from the site. Prosecutions will appear on the register for a period of five years.
2023
Northern Health and Social Care Trust - 27 April 2023
On 25 December 2014, a patient, Mr G McElhone, who was on a restricted diet requiring food to be pre-mashed, choked on a Brussels sprout and died later that evening.
The investigation found that Mr McElhone was given the Brussels sprout in error by a member of staff, at his request on Christmas Day. Although Mr McElhone’s dietary restrictions had been identified by way of an earlier assessment, they were not effectively communicated.
The Northern Health and Social Care Trust, as an employer, failed to ensure that reasonably practicable steps were taken to ensure the safety of Mr McElhone.
Breaches and fines for Northern Health and Social Care Trust are as follows:
Article 5 of the Health and Safety at Work (Northern Ireland) Order 1978: fine £10,000.
Paul Coyle - 25 April 2023
Paul Coyle was fined in relation to two health and safety offences. The court heard how Mr Coyle failed to ensure a gas appliance at rented accommodation in North Belfast was checked by a registered and competent gas safety engineer to ensure it was in a safe condition.
The prosecution arose as a result of an investigation by HSENI into an earlier gas related incident at the Belfast property. During this investigation, a HSENI Inspector identified that a gas safety check had not been completed for a gas boiler. After failing to provide confirmation of a gas safety check being completed, an Improvement Notice was served on the landlord which was not complied with.
Breaches and fines were as follows:
a) Article 31(1)(g) of the Health and Safety at Work (NI) Order 1978, fine £2,500.
b) Gas Safety (Installation and Use) Regulations (NI) 2004 Regulation 36(3), fine £500.
William Patton Agricultural Contractor Limited - 22 March 2023
This prosecution follows the death of an employee in September 2021 who was operating a tractor and manure spreader on farmland at Islandmagee, County Antrim. The company was fined for failing to ensure the safety of all employees by not maintaining the brakes of the manure spreader. There was no evidence to prove, however, that the maintenance defect was the cause of the accident. The investigation by HSENI established that the tractor and manure spreader, owned by William Patton Agricultural Contractor Limited, was being operated by an employee on a steep grass field with the hydraulic brakes of the manure spreader not connected to the tractor. It was found that the brakes of the manure spreader had not been maintained in good working order, to the extent that even if they had been connected to the tractor, they would not have prevented the accident.
Breaches and fines were as follows:
Article 4(1) of the Health and Safety at Work (Northern Ireland) Order 1978: fine £1,000
Gordon Brown, Jamie Loane, C&V Loane Ltd -
15 February 2023
The investigation followed the workplace fatality of Mr Neil Graham, a 17-year-old part-time engineering student. The tragic death occurred at the premises of Gordon Brown Agricultural Engineering, Enniskillen. Gordon Brown the owner of the business, and Neil were working on repairs to a tractor owned by C&V Loane Limited of Kesh. Neil was completing his work placement with Gordon Brown.
While working underneath the tractor, Neil was fatally crushed by the forward movement of the back right wheel after Gordon Brown started the vehicle. The HSENI investigation found that a safety feature to prevent the vehicle being started while in-gear had been by-passed sometime prior to it being brought in for repair. An inspection pit was available in the workshop, from where the tractor could have been examined safely from below, however, it was not used at the time.
Gordon Brown was fined for failing to ensure the safety of his employee, and for failing to implement a safe system while working under the tractor. Jamie Loane, a director and employee of C&V Loane Limited, was fined for failing in his duties to take reasonable care for the health and safety of another person. The Court also fined C&V Loane Limited for failings in respect of its duty to Neil Graham as someone who was not directly employed by the company.
- Breachers and fines for Gordon Brown were as follows:
Article 4 of the Health and Safety at Work (Northern Ireland) Order 1978: fine £20,000 - Breaches and fines for Jamie Loane Limited are as follows:
Article 8 of the Health and Safety at Work (Northern Ireland) Order 1978: fine £10,000. - Breaches and fines for C & V Loane Limited are as follows:
Article 5 of the Health and Safety at Work (Northern Ireland) Order 1978: fine £20,000.
John Thompson and Sons Ltd - 19 January 2023
This prosecution arose from an investigation following an incident on 21 December 2019 that resulted in an agency worker sustaining life changing injuries. The HSENI investigation found that the worker was carrying out maintenance on a grain roller machine in an attempt to clear a blockage when his right hand was drawn into two counter-rotating rollers. The incident caused severe crush injuries to his hand which later had to be amputated above the wrist.
Machinery guards can take several forms but where practicable, fixed enclosing guards should be used. In some cases, regular access to dangerous parts of machines may be required and other guard types such as interlocking guards may be more appropriate.
Breaches and fines were as follows:
a) Article 4(1) of the Health and Safety at Work (Northern Ireland) Order 1978: fine £20,000.
b) Article 5(1) of the Health and Safety at Work (Northern Ireland) Order 1978: fine £20,000.
BC Plumbing and Heating Ltd - 17 January 2023
This case arose from health and safety failings between 2016 to 2018 that led to dangerous gas installations in several new build domestic properties at sites in County Antrim and County Londonderry and the company was fined a total of £12,000 for failing to ensure gas work was carried out in a safe manner and in accordance with appropriate standards.
The investigation by HSENI focussed on the installation of corrugated stainless steel tubing (CSST) at the new housing developments. CSST although commonly used in the gas industry has specific installation requirements which must be followed to ensure gas installations are safe.
The method of installation of the pipework was unsafe and not in accordance with the manufacturer’s installation requirements. In several cases, gas installations were classified as ‘immediately dangerous’ due to the increased risk of gas leaks. Appropriate remedial action was taken to ensure each of the installations were made safe.
Breaches and fines were as follows:
a) Eight breaches of Article 5(1) of the Health and Safety at Work (Northern Ireland) Order 1978: fine £6000.
b) Eight breaches of Regulation 5(3) of the Gas Safety (Installation and Use) Regulations (Northern Ireland) 2004: fine £6000
2022
James Callaghan - 13 December 2022
This prosecution follows the death of a self-employed roofing contractor, who fell from height during the re-roofing of an outbuilding on a County Fermanagh farm.
The HSENI investigation found that the self-employed contractor died from his injuries after falling over three metres onto a concrete floor during construction work that took place on 15 May 2020. At the time of the incident, two contractors were walking across the roof structure when a wooden purlin broke causing both men to fall.
The investigation determined that no appropriate measures were put in place to prevent falls from height during the construction work.
Breaches and fines were as follows:
Article 5(2) of the Health and Safety at Work (Northern Ireland) Order 1978: fine £1,000
Flintridge Resources Limited - 18 November 2022
This prosecution of Flintridge Resources Limited, the operator of Cavanacaw Mine in Omagh was for Health and Safety failings and were fined £120,000.
The case arose when in July 2018, mine employees were exposed to risk as a result of a fall of rocks from the roof of an underground roadway within the mine. The unstable portion then
migrated to the surface causing an inrush of water to enter and flood a portion of the mine,
further exposing employees to the risk of drowning.
Breaches and fines for Flintridge Resources Limited are as follows:
Article 4(1) of the Health and Safety at Work (Northern Ireland) Order 1978, fine £120,000.
James (Gary) Wadsworth & Paul McMullan - 18 October 2022
This prosecution was for breaches of health and safety legislation against two self-employed construction contractors, James (Gary) Wadsworth from Lisburn, and Paul McMullan from Dundrod. The prosecution followed the death in 2020 of James (Jim) Carlisle, a 58-year-old, self-employed contractor who fell from height during a re-roofing project.
The HSENI investigation established that all three men were working on the replacement of a shed roof at a farm in Hillsborough on 1 September 2020. During the construction work, Mr Carlisle fell approximately 4.4 metres from an unguarded platform and tragically died at the scene.
The platform consisted of three timber planks spanning an internal shed wall and a cage supported by a telescopic handler. There were no control measures in place to prevent falls from height during the construction work and the method of work employed was inherently unsafe.
Breaches and fines were as follows:
For James (Gary) Wadsworth:
Article 5(2) of the Health and Safety at Work (Northern Ireland) Order 1978, fine £1,000.
For Paul McMullan:
Article 5(2) of the Health and Safety at Work (Northern Ireland) Order 1978, fine £1,000.
Jerome McCaffrey - 17 October 2022
This prosecution followed an investigation by HSENI into the circumstances of the death of a 57 year old male. On 27 November 2020, Jerome McCaffery was overseeing the replacement of perspex roof lights at a farm building in Camlough, Newry when the deceased fell through the fragile roof structure and died at the incident scene from his injuries.
The investigation found that on the day of the incident, the 57 year old attended the farm to meet with a family member who was also working at the construction site. He subsequently accessed the roof of the farm building and a short time later fell through an existing roof light.
In this case, no control measures were in place to prevent falls from height or to avoid working on the fragile roof structure. Following the incident, health and safety inspectors attended the
incident scene and a prohibition notice was served that prohibited any further work at height
activities from continuing until appropriate safety measures were put in place.
Breaches and fines were as follows:
Article 5(2) of the Health and Safety at Work (Northern Ireland) Order 1978, fine £2,500.
M Care Limited - 22 September 2022
The prosecution arose following an investigation into a choking incident that occurred on 21 November 2016 at Ringdufferin Nursing Home in Killyleagh, County Down.
Mr Edward McCullough, an 89-year-old resident in the nursing home, choked and subsequently died while eating a pancake. Mr McCullough was on a pureed diet as he had difficulties swallowing and was at risk of choking. The incident took place while Mr McCullough was visiting the care home’s activity room where a self-employed activities manager was making pancakes for the residents of the care home.
The investigation focussed on a breakdown in communication surrounding the dietary needs of Mr McCullough. M Care Limited, as an employer, failed to ensure that reasonably practicable steps were taken to ensure the safety of Mr McCullough.
Breaches and fines were as follows:
Article 5 of the Health and Safety at Work (Northern Ireland) Order 1978: fine £20,000.
Leslie Wright & Sons and Miskimmin Limited - 7 July 2022
Leslie Wright, a Newtownards based demolition contractor was fined a total of £90,000. In addition, Mr Wright was given a nine-month custodial sentence, suspended for two years. He was also disqualified as a director for 10 years. H. Miskimmin Limited, a construction company based in Donaghadee, was fined £45,000.
The incident occurred during the re-development of an old factory site at Comber Road Newtownards. Demolition, site clearance and removal of asbestos materials was contracted to Leslie Wright and H. Miskimmin Limited.
On 28th May 2014, Mr Raymond Morgan, aged 43, fell five metres through the roof of the disused factory and tragically passed away from his injuries the following day.
Breaches and fines for Leslie Wright & Sons are as follows:
a) Article 4(1) of the Health and Safety at Work (Northern Ireland) Order 1978, fine £30,000.
b) Article 5(1) of the Health and Safety at Work (Northern Ireland) Order 1978, fine £60,000.
c) Nine-month custodial sentence, suspended for two years.
Breaches and fines for Miskimmin Limited are as follows:
Article 5(1) of the Health and Safety at Work (Northern Ireland) Order 1978, fine £45,000.
NK Coatings Limited - 21 June 2022
The prosecution arose following a HSENI investigation into an incident that occurred on 23 September 2020 when a metal storage rack fell from the forks of a counterbalance fork-lift truck, resulting in fatal injuries to an employee, aged 56.
The employee, a metal finisher, was assisting three other employees to turn a large metal structure which was being supported on the forks of a fork-lift truck. The metal racking subsequently fell from the forks, striking the employee. The investigation found that a risk assessment had not been completed for the activity and the method used to turn the structure was unsafe placing workers at risk. A prohibition notice was served on the Company by a Health and Safety Inspector following the incident.
Breaches and fines for NK Coatings Limited are as follows:
Article 4 of the Health and Safety at Work (Northern Ireland) Order 1978: fine £120,000.
David Horner and Ian Campbell - 12 April 2022
David Horner trading as EDH Plumbing, Belfast, and Ian Campbell trading as Ian Campbell Gas Services, Bangor, Co. Down were sentenced on 12 April 2022 at Belfast Magistrates Court, Laganside. David Horner and Ian Campbell were fined £2,500 and £1,500 respectively for multiple offences under gas safety legislation. David Horner was also fined for failing to comply with an earlier prohibition notice.
The HSENI investigation followed notification that David Horner had been conducting gas work despite being suspended as a gas engineer from the Gas Safe Register. It was found that between February 2017 and October 2017, David Horner completed multiple gas safety checks and a gas boiler installation at various residential properties within the Greater Belfast area.
The investigation also found that David Horner conducted gas work despite having been prohibited from carrying out such work following the service of a prohibition notice in June 2017 by an HSENI Inspector.
A total of 34 gas safe checks were sub-contracted to him by Ian Campbell, who had initially failed to check and ensure that David Horner was a registered Gas Safe engineer before any gas work commenced.
Breaches and fines for David Horner were as follows:
a) Article 5(2) of the Health and Safety at Work (NI) Order 1978: fine £500
b) Regulation 3(7) of the Gas Safety (Installation and Use) Regulations (NI) 2004: fine £500
c) Regulation 3(3) of the Gas Safety (Installation and Use) Regulations (NI) 2004: fine £500
d) Article 31(1)(g) of the Health and Safety at Work (NI) Order 1978: fine £500
e) Regulation 27(5) of the Gas Safety (Installation and Use) Regulations (NI) 2004: fine £500
Breaches and fines for Ian Campbell trading as Ian Campbell Gas Services are as follows:
a) Article 5(2) of the Health and Safety at Work (NI) Order 1978: fine £750
b) Regulation 4 of the Gas Safety (Installation and Use) Regulations (NI) 2004: fine £750
Moy Park Limited and Victor Foster Poultry Services Limited - 11 February 2022
The prosecution came about following an HSENI investigation into an incident which occurred in 2017 that resulted in an employee receiving life changing crush injuries.
The investigation found that on 1 December 2017, a male employee (aged 31) of Victor Foster Poultry Services Limited was working along with others in a commercial chicken house at a site in Moira, County Down. While working in near dark conditions he received multiple crush injuries when he was struck by a forklift truck.
The only light sources in the chicken house at the time of the incident consisted of blue lights on the forklift truck, and head torches worn by the workers who had personally provided the equipment themselves. Despite the poorly lit conditions, Moy Park Limited had supplied the workers with dark blue overalls.
Both companies were found to have failed in their legal responsibilities to ensure safe working conditions in the chicken house where a forklift truck was required to operate in the same area as pedestrian workers.
Breaches and fines for Moy Park Limited are as follows:
Article 5(1) of the Health and Safety at Work (Northern Ireland) Order 1978: fine £125,000.
Breaches and fines for Victor Foster Poultry Services are as follows:
Article 4(1) of the Health and Safety at Work (Northern Ireland) Order 1978: fine £18,000.
Portadown Recycling Skip Hire Limited - 4 February 2022
The prosecution arose as a result of an HSENI visit to the factory site where an Inspector observed workers throwing what was believed to be asbestos cement sheeting onto the ground through a window opening of the derelict factory building. Significant amounts of this material was also noted in the immediate area outside the building. The material was later confirmed to contain asbestos fibres consistent with those found in asbestos cement sheeting.
During the inspection, the Inspector did not observe the use of any control measures that are required during the removal of asbestos containing materials. In addition, employees of Portadown Recycling Skip and Hire Ltd were not wearing suitable respiratory protective equipment designed to further reduce the potential exposure of workers to asbestos fibres.
At the time of the visit, the Inspector served a prohibition notice preventing any further asbestos removal work from continuing.
Breaches and fines for Portadown Recycling and Skip Hire Ltd are as follows:
a) Article 4(1) by virtue of Article 4(2) (a) of the Health and Safety at Work (Northern Ireland)
Order 1978: fine of £1750
b) Article 4(1) by virtue of Article 4(2) (c) of the Health and Safety at Work (Northern Ireland)
Order 1978: fine of £1750
c) Regulation 5 of the Control of Asbestos Regulations (Northern Ireland) 2012: fine of £1750
d) Regulation 6(1) of the Control of Asbestos Regulations (Northern Ireland) 2012: fine of £1750
e) Regulation 7(1) of the Control of Asbestos Regulations (Northern Ireland) 2012: fine of £1750
f) Regulation 16 of the Control of Asbestos Regulations (Northern Ireland) 2012: fine of £1750.
Oriental Developments Limited - 6 January 2022
Oriental Developments Limited pleaded guilty to three separate health and safety offences at Antrim Crown Court and was fined £15,000.
The HSENI investigation followed a complaint of unsafe work practices, alleging worker exposure to asbestos during construction work at the Ballybrakes Business Park, Ballymoney in October 2018. The investigation found that refurbishment of the unit had commenced before any assessment was made as to the presence of asbestos in the building. A prohibition notice was subsequently served by an HSENI Inspector, prohibiting any further work from continuing.
Following the analysis of samples taken by HSENI Inspectors, asbestos containing materials were confirmed to be present throughout the unit. None of the tradespersons that were working on site had been advised that asbestos containing materials were present before construction work commenced.
Of significance, the investigation also found that previous enforcement action had been taken by HSENI Inspectors against Oriental Developments Limited in respect of assessing and managing asbestos at the same location.
Breaches and fines for Oriental Developments Limited were as follows:
a) Article 5(1) of the Health and Safety at Work (Northern Ireland) Order 1978: fine £5,000;
b) Regulation 7(1) of the Control of Asbestos Regulations (Northern Ireland) 2012: fine £5,000;
c) Regulation 16 of the Control of Asbestos Regulations (Northern Ireland) 2012: fine £5,000.
2021
Taggart Homes Limavady Limited - 20 December 2021
Taggart Homes Limited was fined £20,000 and prosecuted following an
investigation into an incident which took place on a house building site in Derry/Londonderry on the 27 June 2019.
A brick layer, working as a sub-contractor, fell backwards from an unguarded trestle work platform while working on the first floor area of a house under construction. On falling from the platform, he subsequently
fell through a stairwell opening and sustained serious injuries.
Breaches and fines was as follows:
a. Article 5(1) of the Health and Safety at Work (Northern Ireland) Order 1978: fine £10,000;
b. Regulation 13 of the Construction (Design and Management) Regulations (Northern Ireland) 2016: fine £10,000.
CKMR Contracts Ltd, Northstone (NI) Ltd, Paul Braham & Sons Ltd - 9 December 2021
All three companies pleaded guilty at Newry Crown Court. CKMR Contracts Limited, Northstone (NI) Limited and Paul Braham & Sons Limited were fined £30,000, £50,000 and £10,000 respectively.
The prosecution followed an investigation by HSENI into the circumstances of an incident that resulted in 38 year old, Ronan Mulroy, suffering fatal injuries during a construction project at Church Street, Warrenpoint on 30 September 2016. The project involved the replacement of street lighting columns.
The investigation also found that a thorough examination of the quick hitch and lifting accessory had not been completed; the operator of the excavator had not received training in relation to the use of excavators for lifting operations; and the risk assessment relied on by CKMR Contracts Limited was not suitable and sufficient.
Breaches and fines for CKMR Contracts Ltd are as follows:
a. Article 4(1) by virtue of Article 4(2)(a) of the Health and Safety at Work (Northern Ireland) 1978; fine £15,000
b. Regulation 3(1) of the Management of Health and Safety at Work Regulations (Northern Ireland) 2000; fine £15,000
Breaches and fines for Northstone (NI) Ltd are as follows:
The Construction (Design and Management) Regulations (Northern Ireland) 2016 Regulation 13(1); fine £50,000
Breaches and fines for Paul Braham & Sons Ltd are as follows:
The Construction (Design and Management) Regulations (Northern Ireland) 2016 Regulation 15(2); fine £10,000
Riverview Farms Ltd and William McColgan -
30 September 2021
An investigation by HSENI found that on 27 January 2017 while work was underway to dismantle a farm building owned by Riverview Farms Limited, an unsecured working platform which was being used to access the roof structure fell from the forks of a telescopic handler operated by Mr McColgan. Two workers who were standing within the working platform fell to the ground. Whilst both workers were injured, one suffered life changing injuries.
Riverview Farms Limited, the commercial client for whom the work was taking place, failed to monitor how the work was conducted on the site, and ultimately ensure the health and safety of any workers.
The investigation also focused on the use and suitability of the working platform during the dismantling of the farm building. The platform which was of a non-integrated type, had not been secured to the telescopic handler at the time of the incident.
Breaches and fines for William McColgan were as follows:
Article 5(2) of the Health and Safety at Work (Northern Ireland) Order 1978, fine £600
Breaches and fines for Riverview Farms Ltd were as follows:
Article 5(1), of the Health and Safety at Work (Northern Ireland) Order 1978, fine £6,000
Envirogreen Polymers Limited - 20 September 2021
Envirogreen Polymers Limited were fined £5,000 at Newry Magistrates Court after pleading guilty in court for failing to adequately prevent access to the dangerous parts of a baler machine.
The Court heard that on 15 August 2019, an HSENI inspection found that a safety interlock on a baling machine had been bypassed, meaning there were no measures in place to stop employees accessing dangerous parts of the machine during operation.
Breaches and fines were as follows:
a) Article 4(1) of the Health and Safety at Work (Northern Ireland) Order 1978, fine £5000.
William James Doyle - 5 July 2021
Mr William James Doyle, a farmer from Ballyward, Castlewellan was prosecuted for breaches of Health and Safety legislation.
The case followed the death in May 2018 of Mr Toirdealbhach Larkin, known as Turlough, a 27 year old employee of Mr Doyle. Mr Larkin had been working as a casual labourer on the farm owned by Mr Doyle since February 2018. In May 2018 a new farm shed was being built, with steel shuttering panels being used to support the concrete walls while they set.
Early on the morning of 4 May 2018, Mr Larkin had been working alone at the farmyard. Later another worker arrived at the farm and discovered Mr Larkin trapped between a steel shuttering panel and an adjacent steel fence. Sadly, Mr Larkin passed away at the scene.
Breaches and fines were as follows:
a) Article 4(1), of the Health and Safety at Work (Northern Ireland) Order 1978, fine £25,000.
Nickell & Richmond Limited - 27 May 2021
The Bangor based company pleaded guilty at Belfast Crown Court to a total of four health and safety offences which resulted in the death of a worker at a house building site in Jordanstown. The company was fined a total of £40,000.
The prosecution arose as a result of an HSENI investigation into the incident which took place on 22 June 2018 when Mr Terrence McCloud from Belfast, aged 46, fell approximately 2.8 metres through an opening on the first floor where a staircase was to be built. Mr McCloud died later as a result of his injuries.
The HSENI investigation found that the company had earlier placed trestles and barrier tape to mark out and prevent access to the stairwell. The safety measures in place at the time of the incident were not sufficient to prevent Mr McCloud or any other person from falling.
The investigation also found that the company had not carried out a suitable and sufficient risk assessment and had failed to plan, manage and monitor the construction phase of the house building project.
Breaches and fines were as follows:
a) Article 5(1) of the Health and Safety at Work (Northern Ireland) Order 1978, fine £10,000
b) Regulation 3(1)(b) of the Management of Health and Safety at Work Regulations (NI) 2000, fine £10,000
c) Regulation 13 of the Construction (Design and Management) Regulations (Northern Ireland) 2016, fine £10,000
d)Regulation 6(3) of the Work at Height Regulations (Northern Ireland) 2005, fine £10,000
H&M Engineering and Roofing Specialists (NI) Limited - 12 March 2021
H&M Engineering and Roofing Specialists (NI) Limited were prosecuted for multiple workrelated offences relating to the death of one of their employees.
The company pleaded guilty to five health and safety offences and a separate offence of corporate manslaughter, and were fined a total of £75,000.
The charges arose as a result of an HSENI investigation into an incident which took place on 3 December 2016 which led to the death of an employee of the company. The incident occurred at industrial premises in Carryduff where the employee fell through an unsecured section of a roof.
The work being undertaken at the time of the incident involved the over-cladding of an existing roof structure with new sheeting. The HSENI investigation revealed that the company had failed to make a suitable and sufficient assessment of the risks to the health and safety of their employees. The roof work had not been properly planned and safety measures had not been put in place. Neither fall prevention measures, including edge protection, nor measures to minimise the distance or consequences of a fall such as safety nets were present on site at the time of the incident.
The company also failed to report the incident as a work-related death to HSENI.
Breaches and fines are as follows:
1. Article 4(1) of the Health and Safety at Work (Northern Ireland) Order 1978, fine £5,000
2. Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations (NI) 2000, fine £5,000
3. Regulation 4(1) of The Work at Height Regulations (Northern Ireland) 2005, fine £5,000
4. Regulation 6(3) of the Work at Height Regulations (Northern Ireland) 2005, fine £5,000
5. Regulation 3(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997, fine £5,000
6. Section 1(1) of the Corporate Manslaughter and Corporate Homicide Act 2007, fine £50,000.
2020
Clogher Valley Livestock Producers - 13 March 2020
Clogher Valley Livestock Producers pleaded guilty to one breach of health and safety legislation at Dungannon Court following an incident where a farmer died after being struck by a gate at the livestock mart in June 2018.
The farmer had been struck by an inadequately maintained steel stock-proof gate when a young bull had attempted to jump over the gate, this incident resulted in the farmer receiving serious head injuries. The gate had a defective latch which meant the gate could not close properly. These type of gates are common in this mart and throughout the industry.
The breaches and fines were as follows:
1. Article 5(1) of the Health and Safety at Work (Northern Ireland) Order 1978; fine £12,500
Ace Recycling (NI) Limited - 13 February 2020
Ace Recycling (NI) Limited and its sole director were fined a total of £28,000 for health and safety breaches, including failing to ensure a suitable and sufficient assessment was completed to identify the presence of asbestos at a former factory site at Shaerf Drive, Lurgan.
Demolition work at the former factory site commenced during December 2016 and continued through to February 2017. An independent contractor, not a licenced asbestos removal company, was tasked by James McCoubrey to remove asbestos containing materials from the site, the extent of which were unknown. Suitable precautions were not taken by the contractor during the demolition process to ensure the safe removal of asbestos.
Following receipt of a complaint regarding the alleged removal of asbestos,a HSENI Inspector visited the site. The Inspector served a prohibition notice preventing any further asbestos removal work from continuing. A subsequent visit by the same Inspector identified that the prohibition notice had not been complied with and further unnecessary asbestos contamination of the site had taken place.
The breaches and fines were as follows:
ACE Recycling –
1. Article 6 of the Health and Safety at Work (NI) Order 1978: fine £9000
2. Regulation 4(3) of the Control of Asbestos Regulations (NI) 2012: fine £9000
James McCoubrey Limited -
1. Article 6 of the Health and Safety at Work (NI) Order 1978: fine £4000
2. Regulation 4(3) of the Control of Asbestos Regulations (NI) 2012: fine £4000
3. Article 31(1)(g) of the Health and Safety at Work (NI) Order 1978: fine £2000
2019
Briggs Equipment UK Ltd - 20 December 2019
Briggs Equipment UK Ltd pleaded guilty to five breaches of health and safety legislation at Laganside Court, Belfast, after a lorry driver, sustained serious injuries when a Hyster Stacker truck, which was being delivered to Briggs Equipment UK Ltd Depot in Newtownabbey, fell from the forks of a forklift truck and landed on top of the injured party.
The breaches and fines were as follows:
1. Article 4(2)(a) of the Health and Safety at Work (NI Order 1978 - fine £30,000
2. Article 4(2)(c) of the Health and Safety at Work (NI) Order 1978 - fine £30,000
3. Article 5(1) of the Health and Safety at Work (NI) Order 1978 - fine £30,000
4. Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations (NI) 2000 - fine £30,000
5. Regulation 3(1)(b) of the Management of Health and Safety at Work Regulations (NI) 2000 - fine £30,000.
Richard McClure t/a McClure Farms - 12 December 2019
Richard McClure, a farmer trading as McClure Farms from Coleraine was fined £10,000 after pleading guilty to one breach of health and safety legislation, while S Higgins Construction Ltd, based at Knockloughrim, Magherafelt was fined £10,000 after pleading guilty to two breaches of health and safety legislation.
The case arose from a HSENI investigation into an incident at McClure Farms, Coleraine on 16 November 2018. A 23 year old employee of S Higgins Construction Ltd was assisting with the preparations for the construction of a concrete reinforced wall at the farm of Richard McClure. During this work, a large metal shuttering panel fell on to the employee as he was working close to its base.
The breaches and fines for Richard McClure were as follows:
1. Article 4(1) of the Health and Safety at Work (NI) Order 1978 - fine £5,000
2. Regulation 13 of The Construction (Design and Management) Regulations (NI) 2016 - fine £5,000
The breaches and fines for S Higgins Construction Ltd were as follows:
1. Article 4(1) of the Health and Safety at Work (NI) Order 1978 - fine £5,000
2. Regulation 19 of The Construction (Design and Management) Regulations (NI) 2016 - fine £5,000
Brian McGuckian t/a McGuckian Milling Company - 07 October 2019
Brian McGuckian, trading as McGuckian Milling Company pleaded guilty to two health and safety breaches at Antrim Crown Court, after an employee sustained serious injuries when his left arm was amputated by a screw auger conveyor.
On the day of the incident, the injured party was working in the blending plant at the animal feed manufacturing site when he noticed a blockage had occurred at a holding bin. While attempting to rectify the defect his arm was drawn into an unguarded rotating screw auger resulting in the amputation of his left arm below the elbow.
The breaches and fines were as follows:
1. Article 4(1) of the Health and Safety at Work (NI) Order 1978 - fine £10,000
2. Regulation 11(1) of the Provision and Use of Work Equipment (NI) Regulations 1999 - fine £10,000
McAuley Precision Limited - 24 September 2018
McAuley Precision Limited in Ballymoney, pleaded guilty to three health and safety breaches at Antrim Crown Court, when two people sustained serious injuries after stainless steel tubes/pipes fell on them from an overloaded Cantilever racking system. Both individuals suffered a number of serious crush injuries in relation to the incident.
The breaches and fines were as follows:
1. Article 4(1) of the Health and Safety at Work (NI) Order 1978 - fine £10.000
2. Article 5(1) of the Health and Safety at Work (NI) Order 1978 - fine £10.000
3. Regulation 3(1) of the Management of Health and Safety At Work Regulations (NI) 2000 - fine £10,000
Enva Toomebridge Limited - 28 August 2019
Following an incident where a self-employed electrical contractor sustained serious injuries when his foot was trapped in a hydraulic powered compactor known as a Briquetter, Enva Toomebridge Limited (formerly known as Clearcircle Environmental (NI) Ltd) was fined after pleading guilty at Magherafelt Magistrates Court.
Arising out of the same incident Mr Declan Quinn, a self employed maintenance contractor, was fined after pleading guilty to a breach of health and safety legislation. The incident arose when the guard on the hydraulic ram had been removed by Mr Quinn when he was investigating a potential fault. During the period when Mr Quinn was not present the injured person returned to complete their work. The unguarded ram of the Briquetter machine started automatically and began to crush his left foot causing severe injuries. He was trapped for approximately 45 minutes.
The breaches and fines were as follows:
For Enva Toomebridge Limited -
1. Article 5(1) of the Health and Safety at Work (NI) Order 1978 - fine £1,500
For Mr Declan Quinn -
1. Article 5(2) of the Health and Safety at Work (NI) Order - fine £500
ISL Waste Management Ltd - 28 August 2019
ISL Waste Management Ltd, based in Mallusk, pleaded guilty to a breach of health and safety legislation at Laganside Crown Court, after an employee sustained serious injuries after being crushed between the rear of a Refuse Collection Vehicle (RCV) and the grab attachment of a mini digger.
In this incident the employee had reversed the RCV into the processing plant in preparation for unloading. The unloading process required the driver to operate controls located to the rear of the RCV. It was while the employee was working to the rear of the vehicle that the incident occured.
The breach and fine was as follows:
1. Article 4(1) of the Health and Safety at Work (NI) Order 1978 - fine £25,000
Terex GB Ltd - 27 June 2019
Terex GB Ltd pleaded guilty after an employee sustained fatal injuries as a result of being crushed between two mobile stone crushing machines which were stored along with others in a stockyard area.
The employee had been tasked with moving one of the machines, using a handheld controller, from its parked position in the stockyard. During this operation the front of the machine veered towards a neighbouring parked machine, causing the employee to become trapped and tragically sustained fatal crush injuries to his chest.
The breaches and fines were as follows:
1. Article 4(1) of the Health and Safety at Work (NI) Order 1978 - fine £50,000
2. Article 5(1) of the Health and Safety at Work (NI) Order 1978 - fine £50,000 3. Regulation 3(1) of the Management of Health and Safety at Work Regulations (NI) 2000 - fine £50,000
Amalgamated Environmental Services (AES) Ltd - 19 June 2019
Amalgamated Environmental Services (AES) Ltd trading as AES Marconi pleaded guilty to one breach of health and safety legislation after a man was found dead within an excavation site at the rear of his house. The site was being remediated following contamination with oil.
An investigation by HSENI found that the work was not appropriately planned. An incomplete generic risk assessment had been conducted without visiting the site, security arrangements were not suitable to prevent access to the area, arrangements to assist tenants with necessary access to the area were not clear, and the risks associated with the work were not effectively communicated.
The breaches and fines were as follows:
1. Article 5(1) of the Health and Safety at Work (NI) Order 1978 - fine £15,000
2. Regulation 3(1) of the Management of Health and Safety at Work Regulations (NI) 2000 - left on books.
F.P. McCann Limited - 31 May 2019
F.P. McCann Limited pleaded guilty to two breaches of health and safety legislation after an employee was found fatally injured beside a dumper truck at its Knockloughrim Quarry premises.
The employee was driving an Aveling Barford dumper truck and had been tasked with transferring material from the crushing and screening plant to a stockpile area located within the quarry. The dumper truck was found stopped in the safety berm (edge protection) around the stockpile area. Both front wheels of the truck were lodged in the edge protection. The employee was found on the ground close to one of the front wheels of the dumper truck and tragically sustained a fatal head injury.
The breaches and fines were as follows:
1. Article 4(1) by virtue of Article 4 (2)(a) of the Health and Safety at Work (NI) Order 1978 - fine £75,000
2. Regulation 6(1) of the Quarries Regulations (NI) 2006 - fine £75,000.
Alan Little Ltd - 21 March 2019
Alan Little Ltd was fined for failings which resulted in the death of one of its employees at its premises in Lurgan.
Alan Little Ltd. pleaded guilty after an employee suffered fatal injuries during an unloading operation. The employee died after he was struck by a palletised load which fell from the forks of a telescopic handler during the operation. The driver of the lorry also sustained relatively minor injuries when he was impacted by the load as it fell.
The telescopic handler, which was on hire, was being operated by an untrained member of staff. The palletised load weighing over 2 tonnes consisted of a robot and an electrical control box. Neither were secured to the pallet and during the lifting operation to remove the pallet from the lorry, the robot became unstable and toppled over, striking the employee as it fell.
The breaches and fines were as follows:
1. Article 4(1) of the Health and Safety at Work (Northern Ireland) Order 1978; fine £45,000
2. Article 5(1) of the Health and Safety at Work (Northern Ireland) Order 1978; fine £5,000.
Jonathan Belshaw t/a Belshaw’s Recycling Service - 24 January 2019
Mr Belshaw was sentenced for failings which resulted in the disturbance of asbestos while dismantling a disused factory in Portadown.
Mr Belshaw had employed 2 casual workers at the site which was found to have friable asbestos insulation on building structures. The site was also extensively contaminated with asbestos containing materials.
Belshaws Recycling Services failed to identify the presence of asbestos in the building materials and had failed to carry out a suitable and sufficient assessment of the risk to his employees from exposure to asbestos when carrying out work at the premises.
The breaches and fines were as follows:
1. Regulation 6(1) Control of Asbestos Regulations (Northern Ireland) 2012; - six months imprisonment suspended for three years and a fine of £6,000 2. Regulation 16 of the Control of Asbestos Regulations (Northern Ireland) 2012; - six months imprisonment suspended for three years to run concurrently with suspended sentence for breach of Regulation 6(1) Control of Asbestos Regulations (Northern Ireland) 2012
3. Article 4(1) by virtue of 4(2)(a) of the Health and Safety at Work (Northern Ireland) Order 1978; - six months imprisonment suspended for three years to run concurrently with suspended sentence for breach of Regulation 6(1) Control of Asbestos Regulations (Northern Ireland) 2012
2018
Asbestos Management Services - 4 December 2018
Asbestos Management Services (AMS) pleaded guilty to a breach of the Health and Safety at Work Order and was fined after two separate contractors were put at risk of exposure to asbestos fibres while refurbishing a shop.
Asbestos Management Services Limited had been contracted to conduct an asbestos survey during which a number of samples were taken. HSENI’s investigation found that an AMS surveyor had given the go ahead for work to take place prior to receiving the results of the sample analysis. Asbestos was later found to be present in the samples that had been taken by the company.
The breach and fine was as follows:
1. Article 5(1) of the Health and Safety at Work (Northern Ireland) Order 1978; fine £7,500.
Derek Henderson - 1 October 2018
Derek Henderson, trading as Henderson Fireplaces, was sentenced to four months imprisonment suspended for two years after he undertook work to install gas fire appliances at eight locations across Northern Ireland between 2010 and 2015.
An investigation by HSENI found that Mr Henderson was not Gas Safe registered at the time he carried out the work. He did not hold the appropriate qualifications to carry out work to install gas fires. Gas Safe Register is the official list of businesses that are legally permitted to carry out gas work. Every registered business employs an engineer(s), who is issued with a Gas Safe ID card. Not all engineers are qualified to do all types of gas work - so remember to check their ID card before any work is carried out.
The breaches were as follows:
1. Eight breaches at eight separate properties of Regulation 3(1) of the Gas Safety (Installation and Use) Regulations (NI) 2004
2. One breach of Regulation 26(1) of the Gas Safety (Installation and Use) Regulations (NI) 2004