Health and Safety Executive (HSE) inspection has landed a skip company and its director in court.

What happened?

HSE inspectors visited M White (Skips) Limited’s site in Sheffield on 8 August last year, after receiving reports of poor conditions.

When inspectors 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.

Immediate action was taken by HSE, which issued prohibition notices preventing any further stacking of the skips. However, a follow-up visit less than a month later found that the enforcement action had been ignored.

The investigation

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.

Investigators found there had been a steep decline in general health and safety standards at the firm, giving rise to significant risk to employees and members of the public.

As the sole director, [the defendant] also worked on the site and was fully aware of the poor conditions which his employees were subjected to

With no effective health and safety management and an apparent loss of control over general conditions, there had been no attempt to reduce the risk from hazards on-site to safeguard employees. The company, and its sole director Jamie White, failed to comply with the enforcement notices.

In court

At Sheffield Magistrates’ Court, M White (Skips) Limited was found guilty of non-compliance with three prohibition notices and to breaching sections 2(1) and 3(1) of the Health and Safety at Work Act, and 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 at the hearing on 23 January 2025.

Company director Jamie White, 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 IOSH members learn from this case?

After the hearing, HSE inspector Laura Hunter said: ‘As the sole director, Jamie White also worked on the site and was fully aware of the poor conditions which his employees were subjected to.

‘Full skips were deposited and stored on the public highway, with employees later needing to use the street to sort through waste materials when the site became inaccessible.

‘By law, employers are required to insure against liability – it is compulsory insurance. Mr White failed to arrange for his company to obtain it for his workers.

‘Companies should ensure that they understand and follow health and safety laws and guidance and act responsibly to protect both their employees and the public from the activities under their control.’

Source: IOSH Magazine

Comment: "After a series of prohibition notices from multiple inspections from the Health and Safety Executive (HSE), is the fine justified?."