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Sole trader fined after failing to comply with enforcement notice

A sole trader who repaired cars in a residential area of Bedford has been sentenced after failing to comply with an HSE enforcement notice.

Luton Magistrates’ Court heard how Mr Franklin Joseph had been spraying  flammable liquids at a premises in Cromwell Road.  Electrical equipment used within the area posed a risk of fire and explosion.

The terms of the notice were explained to Mr Joseph, who needed to have an electrician check the system to ensure it was safe to use near flammable liquids.  He failed to comply with this notice within the specified period despite being given an extension and receiving advice from the HSE inspector.

Mr Joseph of Hartwell Drive, Kempston pleaded guilty at Luton Magistrates’ Court of breaching Section 33(1)(g) Health and Safety at Work etc Act 1974 and has been fined £180 and ordered to pay costs of £4,500.

After the hearing HSE inspector Stephen Faulkner commented: “HSE aims to raise awareness of fire and explosion risks from spraying flammable substances.  It is also important to note that HSE will always prosecute for non-compliance with an enforcement notice.

“The prosecution could so easily have been avoided by carrying out correctly the remedial action required by the notice.”

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