NEWSLETTER – January 2025

Health and Safety Compliance

Surelock is pleased to offer a new service for our corporate clients – Health and Safety Compliance. Our consulting lead is a Chartered Member of IOSH (Institution of Occupational Safety and Health) and holds professional accreditations with the International Institute of Risk and Safety Management, the Institute of Fire Engineers, and the Chartered Trading Standards Institute.

We now specialise in providing Professional Safety Compliance Advice and Consulting Services to the Public Sector, small and medium-sized businesses.

Below are summaries of recent developments in the Health, Safety, and Fire sector, including notable prosecutions taken by UK safety regulators. While these cases may not directly relate to your business, the underlying issues and legislation apply to all, making it essential to stay informed of potential risks that could impact your operations.

Significant Prosecutions

Young Father Killed While Working on a Lathe

Summary:
A company that manufactures plastic products for the food industry has been fined £330,000 after a young father was killed while doing his job.

What happened?
The 34-year-old worker suffered fatal head injuries after being drawn into rotating machinery.

How did things go wrong?
An HSE investigation found that the worker was operating a lathe in the tool room to create a workpiece when he applied emery cloth by hand to deburr the metal. The cloth became entangled, pulling him into the machine. His sweatshirt sleeve also got caught, pinning him against the rotating workpiece, causing fatal injuries.

The employer had failed to provide proper health and safety training on the use of emery cloth on lathes. Additionally, there was no suitable risk assessment in place for safer alternatives, such as using a stick to apply the emery cloth.

What was the outcome?
The company pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act. It was fined £330,000 and ordered to pay £4,373 in costs.

Director and His Company Fined for Unsafe Roof Work

Summary:
A roofing company has been fined, and its director has received a suspended prison sentence after putting workers’ lives at risk during a roof renovation in Surrey.

How did things go wrong?
An HSE investigation found that workers were seen operating without scaffolding or edge protection on the roof of a house on 21 February 2023.

• Workers faced serious risks of falling from height.
• There were no fall mitigation measures, such as harnesses.
• Workers were using phone lights and torches to work at night.

An Improvement Notice was issued on 28 February 2023, requiring the company to improve how work was planned, carried out, supervised, and monitored. The company failed to comply.What was the outcome?

• The company pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005 and sections of the Health and Safety at Work etc. Act 1974. It was fined £4,000 and ordered to pay £1,500 in costs and a £1,600 victim surcharge.
• The director pleaded guilty to the same charges and was sentenced to:
  • 6 months in prison (suspended for 2 years)
  • 120 hours of unpaid work
  • Disqualification from being a director for 3 years
  • £1,500 in costs

Alternative Healer JailedSummary:
A self-proclaimed alternative healer, Hong chi Xiao, has been sentenced to 10 years in prison for the manslaughter of a 71-year-old diabetic woman, Danielle Carr-Gomm. The incident occurred during a controversial "slapping therapy" workshop in Wiltshire in 2016.Background:
Ms. Carr-Gomm, who had Type 1 diabetes, stopped taking her insulin during Xiao’s Paida Lajin therapy event, which involves slapping oneself or others to "expel toxins."Despite her deteriorating condition, Xiao failed to seek medical help, leading to her death.Additional details:

• Xiao, 61, was extradited from Australia, where he had been prosecuted after a six-year-old boy died under similar circumstances.
• The judge ruled that Xiao posed a danger to the public, as he still promotes his therapy, influencing others to stop life-saving medications.
• Ms. Carr-Gomm’s family described her as a vibrant woman who sought alternative ways to manage her condition but ultimately fell victim to a dangerous and unproven treatment.

Legionella Failures Led to the Death of a PrisonerSummary:
A company has been fined after failing to manage the risk of legionella bacteria in the hot and cold-water systems at His Majesty’s Prison Lincoln.What happened?
A 71-year-old inmate at HMP Lincoln died on 5 December 2017 after contracting Legionnaires’ disease. Water samples from his cell and nearby shower blocks tested positive for legionella bacteria days after his death.How did things go wrong?
An HSE investigation found that the company responsible for facilities management at the prison failed to act on a 2016 risk assessment. The company also:

• Did not establish a written scheme for preventing and controlling legionella risks.
• Failed to maintain appropriate water temperatures.
• Did not monitor water temperatures in October and November 2017, allowing bacteria to multiply rapidly.

What was the outcome?
The company pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. It was fined £600,000 and ordered to pay £15,186.85 in costs.More Information & Compliance SupportFor guidance on Legionella risk management, visit the HSE website:
Legionnaires’ Disease Guidance – HSEIf you require advice or assistance with Health and Safety Compliance, please get in touch via our website contact page:
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