Nemein Limited v Health & Safety Executive (Inspector Julian Charles Tuvey) — 2021

This was a statutory appeal by Nemein Limited against two Prohibition Notices and two Improvement Notices served by a Health and Safety Executive inspector on 20 February 2020. The tribunal held that allegations about former employees, including alleged sabotage and removal of documents, did not provide a basis to cancel the notices. It found that the relevant question was whether the statutory conditions for the notices were met at the material time.

On nickel plating, the tribunal found that although the line was not operating on the inspection day, it could be brought back into use and there was an intention to restart it. The tribunal found inadequate control measures and safe systems of work, including incomplete documentation, lack of COSHH assessments, unsuitable chemical storage, absence of washing facilities, unlabeled tanks, and unresolved issues about safe transfer of chemicals. On anodising, the tribunal found the process was ongoing and that the appellant's own material showed significant further measures were needed, including bunding, extraction, a sink, PPE, waste controls, and improved documentation.

On powder coating, the tribunal found that the appellant had informed the inspectors that the process might be upscaled and that there were no adequate risk assessments or control measures for employee exposure or explosion risk. It accepted the inspector's evidence that powder remained present and that cleanup and decommissioning had not been shown to have been risk assessed. On metal working fluids, the tribunal accepted the inspectors' evidence that exposure was not adequately controlled, particularly because there was no respiratory health surveillance and insufficient measures addressing inhalation and skin exposure. The tribunal affirmed all four notices without modification.