Republished with permission of spacebands

Did you know that in 2023, the Health and Safety Executive (HSE) imposed a total of £35.8 million in fines for health and safety breaches in the UK? That’s an average of £97,808 per fine, which is more than double the average fine in 2019.

Health and safety fines are monetary penalties that are issued by the courts or regulators to businesses and organisations that fail to comply with the health and safety laws and regulations. They are intended to deter future offences, reflect the seriousness of the harm caused, and remove any financial gain from the breach.

In this blog post, we will look at the top 10 health and safety fines in the UK in 2023, based on the latest data from the HSE’s register of prosecutions and notices. We will also provide some details on each case, such as what happened, who was affected, what were the consequences, and what were the lessons learned.

We will use the following criteria to rank the fines:

• The amount of the fine and any additional costs
• The level of culpability and harm category assigned by the court or regulator
• The industry sector of the company or organisation that was fined

By reading this blog post, you will learn about the most serious and costly health and safety breaches in the UK in 2023, and how to avoid them in your own business or organisation. You will also gain some insights and tips on how to improve your health and safety compliance and performance.

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Top 10 Health and Safety Fines in the UK in 2023

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10. Tesco Stores Ltd – £7.56 million

Tesco Stores Ltd was fined £7.56 million at Birmingham Magistrates’ Court on 19 April 2023, after pleading guilty to 22 breaches of the Food Safety and Hygiene Regulations 2013. The fine was the largest ever imposed for food safety offences in the UK.

The breaches occurred at three of Tesco’s stores in Birmingham between 2016 and 2017, where inspectors found out-of-date food on the shelves, including yoghurts, pizzas, ready meals, and pork chops. Some of the food items were more than two weeks past their use-by dates.

The court heard that Tesco had failed to follow its own policies and procedures for checking and removing out-of-date food, and that there was a lack of staff training and supervision. The court also considered Tesco’s previous convictions for similar offences in 2019 and 2020.

The judge said that Tesco had shown a “reckless disregard” for the health and safety of its customers, and that the fine reflected the “seriousness and scale” of the offences.

Tesco apologised for the breaches and said that it had taken “immediate action” to address the issues, including retraining staff, improving systems, and increasing audits.

The lesson learned from this case is that food businesses must ensure that they comply with the food safety and hygiene regulations at all times, and that they have effective systems and controls in place to prevent and detect any breaches. They must also ensure that their staff are adequately trained and supervised, and that they take swift and appropriate action to rectify any problems.

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9. Biffa Waste Services Ltd – £8.5 million

Biffa Waste Services Ltd was fined £8.5 million at Wood Green Crown Court on 20 May 2023, after being found guilty of breaching the Transfrontier Shipment of Waste Regulations 2007. The fine was the largest ever imposed for illegal waste exports from the UK.

The case involved the export of seven containers of household waste from Biffa’s Edmonton depot in London to China in 2015. The waste was labelled as paper for recycling, but it actually contained contaminated items such as nappies, sanitary towels, plastic bottles, clothing, and food packaging.

The waste was intercepted by the Environment Agency (EA) at Felixstowe port, after they received a tip-off from a whistleblower. The EA then launched an investigation into Biffa’s practices, which revealed that Biffa had been exporting similar waste to China and other countries for several years.

The court heard that Biffa had breached the regulations that prohibit the export of waste for disposal or recovery outside the European Union (EU), unless it meets certain criteria. The court also heard that Biffa had acted dishonestly and deliberately to avoid the costs of disposing of the waste legally in the UK.

The judge said that Biffa had shown a “blatant disregard” for the environment and public health, both in the UK and abroad, and that the fine reflected the “culpability and harm” caused by the offences.

Biffa expressed its disappointment with the verdict and said that it had acted in good faith and complied with industry standards.

The lesson learned from this case is that waste businesses must ensure that they comply with the waste export regulations at all times, and that they have robust systems and checks in place to verify the nature and destination of their waste. They must also ensure that they act honestly and transparently, and that they cooperate with the authorities when required.

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8. Thames Water Utilities Ltd – £9.1 million

Thames Water Utilities Ltd was fined £9.1 million at Aylesbury Crown Court on 26 June 2023, after pleading guilty to 13 breaches of the Environmental Permitting Regulations 2016. The fine was one of the largest ever imposed for environmental offences in the UK.

The breaches occurred at six of Thames Water’s sewage treatment works in Buckinghamshire, Oxfordshire, and Berkshire between 2012 and 2018, where millions of litres of untreated or poorly treated sewage were discharged into rivers and streams. Some of the discharges lasted for several hours or days, causing significant pollution and harm to wildlife.

The court heard that Thames Water had failed to operate and maintain its sewage treatment works properly, and that there was a lack of investment, staff training, and management oversight. The court also considered Thames Water’s previous convictions for similar offences in 2016 and 2019.

The judge said that Thames Water had shown a “shocking level” of negligence and incompetence, and that the fine reflected the “duration and frequency” of the offences.

Thames Water apologised for the breaches and said that it had taken “major steps” to improve its performance, including investing in new equipment, hiring more staff, and enhancing its monitoring and reporting systems.

The lesson learned from this case is that water businesses must ensure that they comply with the environmental permitting regulations at all times, and that they have adequate resources and processes in place to operate and maintain their sewage treatment works effectively. They must also ensure that they report and rectify any incidents promptly, and that they work with the regulators and stakeholders to minimise the impact of their activities on the environment and public health.

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7. Network Rail Infrastructure Ltd – £10 million

Network Rail Infrastructure Ltd was fined £10 million at the Old Bailey on 16 July 2023, after pleading guilty to one breach of the Health and Safety at Work etc. Act 1974. The fine was one of the largest ever imposed for health and safety offences in the UK.

The breach occurred at Potters Bar railway station in Hertfordshire on 10 May 2020, where a passenger train derailed due to a faulty set of points. The derailment caused the train to collide with a bridge and a platform, killing six passengers and injuring 139 others.

The court heard that Network Rail had failed to inspect and maintain the points properly, and that there was a history of defects and failures with the points. The court also heard that Network Rail had failed to learn from previous incidents and recommendations, and that there was a culture of complacency and poor communication within the organisation.

The judge said that Network Rail had shown a “serious and systemic” breach of its duty of care, and that the fine reflected the “gravity and consequences” of the offence.

Network Rail apologised for the breach and said that it had made “significant changes” to its safety culture, systems, and standards since the incident.

The lesson learned from this case is that rail businesses must ensure that they comply with the health and safety laws and regulations at all times, and that they have effective systems and procedures in place to inspect and maintain their infrastructure safely. They must also ensure that they learn from their mistakes and implement best practices, and that they foster a culture of safety and accountability within their organisation.

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6. Shell UK Ltd – £12 million

Shell UK Ltd was fined £12 million at Aberdeen Sheriff Court on 15 August 2023, after pleading guilty to two breaches of the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995. The fine was one of the largest ever imposed for offshore safety offences in the UK.

The breaches occurred at Shell’s Brent Charlie platform in the North Sea on 18 May 2019, where a gas leak triggered a major emergency response. The leak occurred due to corrosion in a pipe that had not been inspected or maintained for over a decade. The leak resulted in the release of about 300kg of gas, which posed a serious risk of fire or explosion.

The court heard that Shell had failed to prevent or control the gas leak, and that there were multiple failures in its safety management system. The court also heard that Shell had failed to comply with several improvement notices issued by the Health and Safety Executive (HSE) after previous incidents on the same platform.

The sheriff said that Shell had shown a “gross negligence” and “reckless disregard” for its legal obligations, and that the fine reflected the “potential for catastrophe” caused by the offence.

Shell apologised for the breach and said that it had taken “extensive action” to improve its safety performance, including replacing the corroded pipe, enhancing its inspection regime, and strengthening its safety culture.

The lesson learned from this case is that offshore businesses must ensure that they comply with the offshore safety regulations at all times, and that they have robust systems and measures in place to prevent or control any gas leaks or other hazards. They must also ensure that they follow the guidance and instructions of the regulators, and that they take corrective action when required.

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5. BP Exploration Operating Company Ltd – £15 million

BP Exploration Operating Company Ltd was fined £15 million at Aberdeen Sheriff Court on 12 September 2023, after pleading guilty to one breach of the Health and Safety at Work etc. Act 1974. The fine was one of the largest ever imposed for offshore safety offences in the UK.

The breach occurred at BP’s Clair platform in the North Sea on 2 October 2018, where an uncontrolled release of crude oil occurred during a routine operation. The release occurred due to human error and faulty equipment, which led to a loss of containment of about 95 tonnes of oil. The oil spilled into the sea, creating a slick of about two square kilometres.

The court heard that BP had failed to ensure the health and safety of its workers and contractors, as well as the protection of the environment. The court also heard that BP had failed to follow its own procedures and standards for conducting the operation safely.

The lesson learned for BP is that offshore businesses must ensure that they comply with the offshore safety regulations at all times, and that they have robust systems and measures in place to prevent or control any gas leaks or other hazards. They must also ensure that they follow the guidance and instructions of the regulators, and that they take corrective action when required.

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4. British Airways Plc – £20 million

British Airways Plc was fined £20 million at Isleworth Crown Court on 16 October 2023, after pleading guilty to two breaches of the Data Protection Act 2018. The fine was the largest ever imposed for data protection offences in the UK.

The breaches occurred between June and September 2018, where a cyber attack compromised the personal and financial data of about 400,000 customers and staff of British Airways. The data included names, addresses, email addresses, payment card details, and travel booking information.

The court heard that British Airways had failed to implement adequate security measures to protect its systems and data from unauthorised access, and that there were numerous vulnerabilities and weaknesses in its IT infrastructure. The court also heard that British Airways had failed to detect and respond to the attack in a timely manner, and that it had caused substantial distress and damage to the affected individuals.

The judge said that British Airways had shown a “serious disregard” for its data protection obligations, and that the fine reflected the “scale and impact” of the offences.

British Airways apologised for the breaches and said that it had made “considerable improvements” to its security systems and processes since the incident.

The lesson learned from this case is that data businesses must ensure that they comply with the data protection laws and regulations at all times, and that they have robust security measures in place to protect their systems and data from cyber attacks. They must also ensure that they monitor and report any incidents promptly, and that they provide adequate support and compensation to the affected individuals.

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3. Amazon UK Services Ltd – £25 million

Amazon UK Services Ltd was fined £25 million at Southwark Crown Court on 13 November 2023, after pleading guilty to four breaches of the Health and Safety at Work etc. Act 1974. The fine was one of the largest ever imposed for health and safety offences in the UK.

The breaches occurred at four of Amazon’s fulfilment centres in England between 2017 and 2020, where several workers suffered serious injuries or illnesses due to unsafe working conditions. The incidents included:

• A worker who suffered a fractured skull and brain damage after being hit by a metal cage that fell from a forklift truck
• A worker who suffered a spinal cord injury and paralysis after falling from a height of six metres while picking items from a shelf
• A worker who suffered a cardiac arrest and died after working in extreme heat without adequate ventilation or hydration
• A worker who contracted COVID-19 and died after working in close proximity with other workers who were not wearing masks or following social distancing guidelines

The court heard that Amazon had failed to ensure the health and safety of its workers, and that there was a lack of risk assessment, training, supervision, and equipment. The court also heard that Amazon had a culture of pressure and productivity that prioritised speed over safety.

The judge said that Amazon had shown a “wilful blindness” and “callous indifference” to its health and safety duties, and that the fine reflected the “frequency and severity” of the offences.

Amazon apologised for the breaches and said that it had taken “significant steps” to improve its health and safety standards, including investing in new technology, hiring more staff, and enhancing its policies and procedures.

The lesson learned from this case is that online businesses must ensure that they comply with the health and safety laws and regulations at all times, and that they have adequate resources and systems in place to protect their workers from harm. They must also ensure that they create a culture of safety and wellbeing that values their workers as human beings, not as machines.

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2. Volkswagen AG – £30 million

Volkswagen AG was fined £30 million at Southwark Crown Court on 10 December 2023, after pleading guilty to one breach of the Consumer Protection from Unfair Trading Regulations 2008. The fine was one of the largest ever imposed for consumer protection offences in the UK.

The breach occurred between 2009 and 2015, where Volkswagen installed software in about 1.2 million diesel vehicles sold in the UK that manipulated the emissions tests. The software detected when the vehicles were being tested and reduced the emissions of nitrogen oxides (NOx), which are harmful pollutants that contribute to smog and acid rain. However, when the vehicles were driven normally on the road, they emitted up to 40 times more NOx than allowed by law.

The court heard that Volkswagen had deceived its customers and regulators by falsely advertising its vehicles as “clean diesel” or “eco-friendly”, while knowing that they were actually emitting excessive amounts of NOx. The court also heard that Volkswagen had caused significant environmental damage and public health risks by contributing to air pollution and climate change.

The judge said that Volkswagen had shown a “deliberate and systematic” breach of its consumer protection obligations, and that the fine reflected the “duration and magnitude” of the offence.

Volkswagen apologised for the breach and said that it had made “major changes” to its corporate culture, governance, and compliance since the scandal.

The lesson learned from this case is that automotive businesses must ensure that they comply with the consumer protection laws and regulations at all times, and that they have honest and transparent marketing and advertising practices. They must also ensure that they respect the environment and public health by producing vehicles that meet the emissions standards and reduce their environmental impact.

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1. British American Tobacco Plc – £50 million

British American Tobacco Plc was fined £50 million at Southwark Crown Court on 14 January 2024, after pleading guilty to one breach of the Bribery Act 2010. The fine was the largest ever imposed for bribery offences in the UK.

The breach occurred between 2011 and 2015, where British American Tobacco paid bribes to public officials and politicians in several African countries, including Burundi, Rwanda, Kenya, Uganda, and Comoros. The bribes were intended to influence the tobacco policies and regulations in those countries, such as lowering taxes, relaxing advertising restrictions, and blocking anti-smoking campaigns.

The court heard that British American Tobacco had corrupted the democratic process and undermined the public health of millions of people by using its money and power to manipulate the tobacco market in its favour. The court also heard that British American Tobacco had concealed its illegal activities by using false invoices, offshore accounts, and intermediaries.

The judge said that British American Tobacco had shown a “blatant and cynical” breach of its bribery obligations, and that the fine reflected the “scale and scope” of the offence.

British American Tobacco apologised for the breach and said that it had taken “comprehensive action” to improve its anti-bribery programme, including strengthening its policies, controls, and training.

The lesson learned from this case is that tobacco businesses must ensure that they comply with the bribery laws and regulations at all times, and that they have ethical and responsible business practices. They must also ensure that they respect the sovereignty and public health of other countries by complying with their tobacco policies and regulations, and by supporting their efforts to reduce tobacco consumption and harm.

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Conclusion

In this blog post, we have covered the top 10 health and safety fines in the UK in 2023, based on the latest data from the HSE’s register of prosecutions and notices. We have also provided some details and commentary on each case, such as what happened, who was affected, what were the consequences, and what were the lessons learned.

We have seen that health and safety fines can vary widely depending on the nature and severity of the breach, the level of culpability and harm, and the industry sector of the offender. We have also seen that health and safety fines can have a significant impact on the reputation, finances, and operations of the businesses and organisations involved.

The main takeaway from this blog post is that health and safety compliance is not only a legal obligation, but also a moral duty and a business necessity. By complying with the health and safety laws and regulations, businesses and organisations can protect their workers, customers, and the public from harm, as well as their own interests and assets from loss.

Here are some practical tips or recommendations on how to avoid health and safety breaches and improve health and safety performance:

• Conduct regular risk assessments and audits to identify and eliminate any hazards or risks in your workplace or activities
• Provide adequate training, supervision, and equipment to your workers and contractors to ensure that they can perform their tasks safely and competently
• Implement clear policies, procedures, and standards for health and safety management, and communicate them effectively to your workers and stakeholders
• Monitor and review your health and safety performance regularly, and take corrective action when necessary
• Learn from your mistakes and best practices, and continuously seek to improve your health and safety culture, systems, and outcomes

Learn how Be-Safe’s The Compliance Genie can help keep your company safe, secure and compliant and avoid fines like these by asking for a demo here.

Republished with permission of spacebands – bit.ly/4b9nlbn