The director of a Croydon-based double glazing company has avoided an immediate spell behind bars following the death a man described as “an anchor” by his devastated wife. Ayman Noor was given a suspended prison sentence and his company – My Best Group Limited – was fined, following the death of 40-year-old Kashif Rehman on 12 November 2021.
Mr Rehman suffered a cardiac arrest when a number of toughened glass panels fell on him as he was trying to retrieve one from a stack leaning against a wall. The incident happened at the firm’s premises on Bensham Grove in Thornton Heath. He died three days later in hospital. His wife Naila said her husband was ‘humble, kind and caring’ as she spoke about the impact of his death on their young family.
“I didn’t just lose my husband, I lost my anchor, my friend and my biggest support and motivator, she said.
“Kashif was humble, helpful, kind, caring, intelligent and God fearing and an amazing role model to three young sons. We once had a beautiful family of five, happy and content with sounds of laughter and positive moments. Now our home is filled with sadness, hollowness, emptiness and silence.
“Before switching off the life support machine, I had to give the news to my two, four and six-year-old sons that their daddy can’t come home. Those painful cries still ring in my ears and I have flashbacks to their painful tears. I always see my boys suffering even in the happiest celebrations, I see the sadness in their eyes and longingness for their dad.”
An investigation by the Health and Safety Executive (HSE) found that Mr Rehman’s death could have been prevented had the glass panes, weighing up to 10kg each, been restrained or stored in a suitable racking system to hold them in place.
Naila added: “I still have sleepless nights due to the anxiety and flashbacks from the day. I get vivid flashbacks from the day it happened, the drive to the hospital and the funeral. I also feel uneasy on Fridays as this is when the incident happened, where I just relive the trauma.”
The HSE investigation also found My Best Group Limited, had failed to assess the risks associated with storing and handling the panes of glass, implement a safe system of work and provide adequate training and supervision. Its director, Mr Noor, was aware of the failings but failed to implement the measures required to ensure the safety of his employees and members of the public that had access to the glass storage shed.
At Southwark Crown Court on 8 May 2024, My Best Group Limited, which is now in liquidation pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. The company would have been fined £120,000 but due to its liquidation status this was reduced to a nominal fine of £2,200. Director Ayman Noor was given 20 weeks and 14 weeks custodial sentences that will run concurrently, but they were suspended for 12 months. He will also pay costs of £9,294 for breaching section 37 of the same Act.
HSE inspector Marcus Pope said: “This is yet another tragic and avoidable workplace incident that should never have happened. “Had My Best Group Limited implemented a suitable safe system of work for storing and handling glass Mr Rehman would still be here today. These tragic circumstances should demonstrate to the glass industry the importance of safe storage and handling of glass.” This prosecution was brought by HSE enforcement lawyer Rebecca Schwartz.
Packing Firm Prosecuted
A packaging manufacturer has been fined for safety breaches after a worker received severe hand
injuries at a factory in Yorkshire.
On 15 June 2020 an agency worker injured their fingers when using a table saw without a guard at Loadhog Limited’s site at Hawke Street, Sheffield. The worker, who was operating the saw, received the injuries when his fingers came into contact with a rotating saw blade. Three fingers were partially severed although they were later reattached in hospital.
A Health and Safety Executive (HSE) investigation found that the company had failed to carry out a suitable and sufficient risk assessment, resulting in a failure to provide a suitable guard, allowing access to the exposed parts of the saw blade.
HSE has guidance for people and companies who own, operate or have control over work equipment and how to use it safely. At Sheffield Magistrates’ Court on 25 April, Loadhog Limited of The Hog Works, Hawke Street, Sheffield pleaded guilty to breaching Regulation 11 of the Provision and Use of Work Equipment Regulations 1998 and Regulation 3 of the Management of Health and Safety at Work Regulations 1999. They were fined £100,000 and ordered to pay £3,139.75 in costs.
After the hearing the HSE inspector Laura Hunter said: “This incident could so easily have been avoided by simply implementing the correct control measures and safe working practices. “HSE has clear guidance on the provision and use of work equipment that can help in preventing incidents like this from happening.”
FINE FOR MULTIPLE OFFENCES
A motorsport engineering firm based in Kent has been fined after Britain’s workplace regulator identified numerous health and safety breaches.
Inspectors from the Health and Safety Executive (HSE) visited Hispec Motorsport Limited at its Dartford premises four times between February 2017 and July 2023.
The company – a specialist designer and producer of aftermarket brake upgrades for road, race, track, and kit cars – had failed to maintain work equipment and done little to prevent workers being exposed to metal-working mists that can cause asthma.
HSE recently completed a successful campaign to highlight the dangers from metalworking fluids. Exposure to metalworking fluids – also referred to as ‘white water’ – can cause harm to lungs and skin through inhalation or direct contact with unprotected skin; particularly the hands, forearms and face.
The HSE inspections took place in February 2017, November 2021, April 2023 and July 2023. They found serious breaches of the law at each visit and enforcement notices were issued. High voltage panel removed while machine in operation
The subsequent investigation found the business had not maintained work equipment and staff were seen operating Computer Numerical Control (CNC) machines with safety panels removed allowing access to dangerous moving parts. In addition, the company had done little to prevent employees from being exposed to water-mix metal working fluid mist, a known cause of Occupational Asthma and Occupational Hypersensitivity Pneumonitis.
Hispec Motorsport Limited, of Watling Street, Dartford, Kent, pleaded guilty to breaching Section 2(1) of The Health and Safety At Work Etc Act 1974. The company was fined £6,500 and ordered to pay costs of £7,378 and a victim surcharge of £2,000 at Westminster Magistrates’ Court on 3 May 2024.
After the hearing, HSE inspector Sam Brown commented: “Our inspections identified multiple failings by this company to manage key risks associated with work undertaken in the engineering industry.
“Employees were using unguarded machinery and being exposed to hazardous substances that can cause debilitating respiratory diseases. Numerous interventions by our inspectors revealed a consistent failure to meet the minimum legal standards.”
“This prosecution demonstrates that we will not wait for an injury or ill-health to occur before prosecuting.”
This prosecution was brought by HSE enforcement lawyer, Iain Jordan and supported by HSE paralegal officer, Imogen Isaac.
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