City of London Magistrates’ Court heard that a Health and Safety Executive (HSE) inspection in August 2020 found that employees of BSP (Knockholt) Limited manually sorting through waste in its yard near Orpington were at risk of being struck by heavy machinery moving next to them. It also found that there were inadequate rest facilities for employees to use during break times.
Improvement notices
Two improvement notices were served on the company in September 2020, and a date for compliance in October 2020 was set, the HSE recorded. However, a further site inspection in February 2021 found that the company had not complied with either notice.
At City of London Magistrates’ Court on 22 March 2023, BSP (Knockholt) Limited, which went into liquidation in October 2022, was found guilty of failing to comply with two Improvement Notices, notes the HSE.
The company was fined £140,000 for failing to comply with a notice served under regulation 17(1) of the Workplace (Health, Safety and Welfare) Regulations 1992, regarding segregation of vehicles and pedestrians, and £10,000 for a notice served under regulation 25(1) of the same regulations regarding welfare facilities. Costs of £2,459 and a victim surcharge of £190 were also awarded.
Disregard
Speaking after the hearing, HSE Inspector Gordon Carson said: “BSP (Knockholt) Limited showed a disregard for the safety and health of its employees by failing to take action, when required by HSE, to ensure they were not at risk of being struck by heavy plant, and provided with adequate and clean welfare facilities during the Covid-19 pandemic.
“HSE will not hesitate to take action against duty holders where they have placed their employees at risk and have decided not to comply with enforcement action.”
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