Gate manufacturer fined folliowing safety breaches

Despite this enforcement, follow-up inspections revealed continued non-compliance. HSE returned to the site five more times, serving three additional Improvement Notices and one Prohibition Notice.

The Prohibition Notice was issued during a second visit in relation to ducting installed above welding benches. The ducting was supported by unstable and unsecured structures that were visibly bowing, posing a serious risk of personal injury should it collapse. The installation had been intended to control exposure to welding fume but was found to be unsafe and ineffective.

Two further Notification of Contravention letters were also sent to the company. During the intervention, compliance deadlines were extended on two occasions, but legal requirements were still not met. The company’s failings put employees, contractors and visitors at risk of serious harm. Reasonably practicable measures could have been taken to control these risks, but the company failed to do so.

An investigation by HSE found that Research and Development in Opening Gates Limited had failed to ensure the health, safety and welfare of its employees and others affected by its work activities. The company’s standard of health and safety management fell significantly below legal requirements, leading to a proactive prosecution.

HSE guidance states that employers must take effective measures to control exposure to hazardous substances such as welding fume. This typically includes providing engineering controls, like Local Exhaust Ventilation (LEV). Workplaces must also be structurally sound and lifting equipment must be examined regularly by competent professionals.

Research and Development in Opening Gates Limited, of Lea Bridge Road, London pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £40,000 for each offence, totalling £80,000, and ordered to pay £7,495.72 in costs, along with a £2,000 victim surcharge. The sentence was handed down at Lincoln Magistrates’ Court on 12 June 2025.

HSE inspector Muir Finlay said:
“This prosecution follows a catalogue of failures, all of which posed serious risks to both the health and safety of workers and visitors of the site.

“The company failed to implement basic, well-understood measures to control risks. Health and safety must be effectively managed — it’s not optional.”

This HSE prosecution was brought by HSE enforcement lawyer Matthew Reynolds and paralegal officer Jason Dix.