Waste Company Director Banned After Ignoring Safety Warnings
A director of a Kent-based waste management firm has been handed a five-year ban.
David Richard Barker Director
A director of a Kent-based waste management firm has been handed a five-year ban from holding directorships after his company repeatedly failed to comply with safety improvement notices issued by the Health and Safety Executive (HSE). David Richard Barker, director of BSP (Knockholt) Limited, was sentenced at Croydon Crown Court on Monday, May 20th, 2024, to two concurrent 12-month community sentences, including a year of supervision and 80 hours of unpaid work. He was also ordered to contribute £10,000 towards prosecution costs.
The prosecution followed HSE inspections in August 2020, which revealed significant safety failings at the company’s site near Orpington. Inspectors found employees manually sorting waste were at risk from moving machinery, and that adequate break facilities were lacking. As a result, two Improvement Notices were served in September 2020, setting an October deadline for compliance.
However, a follow-up inspection in February 2021 revealed that neither notice had been addressed. Despite the company entering liquidation in 2022, it was successfully prosecuted and fined £150,000 in March 2023 for the breaches.
The court heard that Mr. Barker, identified as the main controlling party within the company, had claimed to have appealed the notices but provided no evidence. He even suggested in an email to the HSE that prosecution was the only way to resolve differing opinions on safety practices. Although he was not present during the inspections, HSE was instructed to direct all safety-related inquiries to him.
Mr. Barker was found guilty after trial of breaching health and safety legislation, with the court determining that the company’s failure to comply with the Improvement Notices occurred with his “consent, connivance or were attributable to his neglect.” The sentencing serves as a stark reminder of the legal responsibilities of company directors in ensuring workplace safety.
General Information on Control of Risk and Prosecutions:
- Legal Duty: All employers in the UK have a legal duty to ensure the health, safety, and welfare of their employees and others who may be affected by their work activities. This includes identifying hazards, assessing risks, and implementing appropriate control measures.
- Risk Assessment: A fundamental part of controlling risk is conducting thorough and regular risk assessments. This involves identifying potential hazards, evaluating the likelihood and severity of harm, and putting in place measures to eliminate or control those risks.
- Control Measures: Control measures can include a wide range of actions, such as:
- Eliminating the hazard completely.
- Substituting a less hazardous substance or process.
- Engineering controls (e.g., machine guarding, ventilation).
- Administrative controls (e.g., safe working procedures, training).
- Personal protective equipment (PPE) as a last resort.
- HSE Enforcement: The HSE has various powers to ensure compliance with health and safety legislation, including:
- Providing advice and guidance.
- Carrying out inspections.
- Issuing improvement notices or prohibition notices.
- Bringing prosecutions in cases of serious breaches.
- Sentencing Guidelines: The courts follow sentencing guidelines for health and safety offences, which take into account factors such as the culpability of the business, the level of harm risked, and the size of the organization. Fines can be substantial, and in cases of gross negligence leading to death, individuals can face imprisonment.
- Importance for Small Businesses: While larger companies may have dedicated health and safety teams, it is equally crucial for small businesses to understand and comply with their legal obligations. Lack of resources is generally not accepted as a valid excuse for failing to manage risks effectively.
It’s essential for all businesses, regardless of size, to prioritise health and safety, conduct regular risk assessments, implement necessary control measures, and ensure that employees are properly trained and supervised to prevent accidents and avoid potential prosecutions
If you’d like guidance on meeting your legal obligations or support with risk assessments, control measures, or training, contact us today to speak with one of our health and safety specialists.