Ignoring a Prohibition Notice leads to fine and suspended sentence

The Managing Director of a skip fabrication company was caught using a piece of equipment that was subject to an HSE prohibition notice only two hours after the inspector’s visit in which the equipment was condemned. Unsurprisingly, he was fined for ignoring a Prohibition Notice and was also given a suspended sentence.

MH, who ran skip fabrication company WFP Fabrications, was given a 30 week suspended sentence at Southern Derbyshire Magistrates Court in January 2017. The company was also fined £25,000 for ignoring a Prohibition Notice issued by the HSE.

The court heard that MH had continued to use a dangerous air receiver tank in the company’s compressed air system following the visit from an HSE inspector in October 2015. On the day in question, the Inspector issued a prohibition notice on the equipment and then left the premises to visit a neighbouring business. He returned a short while later and found Holmes still using the condemned receiver tank, which was used to sandblast refurbished skips.

At the hearing, the Judge commented:

“It beggars belief that a prohibition notice can be served on someone in a senior position and, only two hours later, that same person is caught operating the machinery.

“It shows flagrant disregard for the HSE and, in both matters, there was a systematic failure. This is a serious offence … because health and safety is not an optional extra and a well-run, properly-maintained business puts health and safety at the forefront.”

The HSE Inspector told the court how he had found 17 breaches of regulations during an earlier visit to WFP Fabrications’ site in August 2015. The visit had followed a complaint from a former employee of the firm. Evidence of unsafe practices included including a dangerously-tilted skip that was being sprayed, inadequate dust masks and safety guards that were not functioning correctly. Two months later, when the Inspector returned to the premises, he found that MH and his staff “did not know the maximum allowable pressure” for the safe use of the air receiver tank, which acts as a reservoir of compressed air.

Ignoring a Prohibition Notice is a bad idea, and will land you in court.

Parry issued a Prohibition Notice and told MH not to use the machine. After visiting a neighbouring firm, Parry called in again at WFP Fabrications. He told the court: “Mr Holmes had re-energised and was using the air receiver. There was a risk of serious injury or death if it had failed, there was a risk of an explosion.”

Holmes pleaded guilty to breaching the Health and Safety at Work Act and ignoring aProhibition Notice. He was given a 30-week sentence, suspended for two years. The company, based in New Stanton, near Ilkeston, was fined £25,000.