Company and director fined for failing to comply with Improvement Notice

Glamping Cocoon Ltd and its director Nicholas Oaten were both sentenced for failing to comply with health and safety legislation after being served with Improvement Notices.

Beverley Magistrates’ Court heard how, on 20 March 2017, the company was subject to an unannounced inspection as part of a targeted campaign of the woodworking sector.

Four Improvement Notices were served requiring various matters to be rectified within a certain time. Following three extensions to the improvement notices, two notices remained outstanding months after the expiry date despite HSE attempts to work with the company to support improvements. The Improvement Notice relating to the assessment of risk to employees from exposure to noise remains outstanding.

Glamping Cocoon Ltd of Barmston Road, Beverley was found guilty to breaching Section 33 (1) (g) of the Health & Safety at Work etc Act 1974. The company has been fined £30,000 and ordered to pay £ 5506 in costs

Nicholas Oaten of High Street, North Ferriby was found guilty to breaching Section 33 (1) (g) by Section 37 (1) of the Health & Safety at Work etc Act 1974. Mr Oaten has been fined £ 2640 and ordered to pay £ 5506 in costs

After the hearing, HSE inspector Louise Redgrove commented: “Failure to engage with HSE exposes both employees and the business to risk. In this case health risks to employees from noise were not assessed or managed and the business will have to pay a substantial fine.

“The Company and director should have taken on board all the assistance available to them from HSE or obtained competent advice elsewhere. HSE will assist small companies but where there is a disregard for the law, specifically the requirements of Improvement Notices, prosecution will be sought.”

[Source HSE: https://press.hse.gov.uk/ public sector information published by the Health and Safety Executive and licensed under the Open Government Licence]

According to a report in HullLive, the directors have said that they will appeal the decision, claiming that they made the changes before the HSE deadline.