A manufacturer of shopping trolleys has been fined after two men fell approximately three metres when a metal cage they were dismantling collapsed beneath them.

On 12^th May 2018, two employees at Wanzl Limited were taking apart a large metal cage as part of an ongoing programme of improvement works at Prologis Park in Coventry.

Following a visual inspection, a decision was made by Wanzl Ltd to hire scaffold towers and scaffolding boards to carry out the work.  Once the scaffold towers had been erected the two employees accessed the roof of the cage.  They began to remove panels one at a time dropping them to the floor inside the walls of the cage.  When several of these panels had been removed the employees noticed that the cage shook in response to movement.  The roof suddenly gave way and both employees fell to the floor below.

One of the men, Michael Barton, who was 52 at the time, suffered a broken pelvis, injured his hip and arm. The now 57-year-old, from Walsall, was off work for 12 months following the incident.

An investigation by the Health and Safety Executive (HSE) found that the work had not been properly planned, appropriately supervised, or carried out in a manner that was safe.  No consideration was given to whether dismantling the structure could be carried out without working at height or if the work was within the capabilities of the company’s employees.  None of the employees involved were trained in the assembly of scaffolding towers, and the injured man was not trained in working at height. An investigation by Coventry City Council came to the same conclusion before primacy was handed to HSE.

HSE has guidance on working at height.

At Birmingham Magistrates’ Court on 10 November 2023, Wanzl Limited of Heathcote Lane, Warwick pleaded guilty to breaching Regulation 4 (1) of the Work at Height Regulations 2005. The company was fined £320,000 and ordered to pay costs of £4016.35.

Speaking after the hearing, HSE inspector Charlotte Cunniffe said: “Working at height remains one of the leading causes of death and serious injury to workers in the United Kingdom.

“All work at height, including one-off activities which fall outside of a company’s usual business should be properly planned and appropriate work equipment selected.  Employers must assess the competency of their employees when asking them to carry out non-routine work.”

This prosecution was supported by HSE lawyer Nathan Cook.

Notes to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

The mother of a man who was killed when the forklift truck he was driving overturned says she still feels angry as he ‘simply went to work and didn’t come home.’

Jamie Anderson was killed on 4 June 2019, when the forklift truck he was operating overturned at a depot in Newark.

The 35-year-old father of one, was found in the car park trapped under the roll cage of the vehicle. He had been using a counterbalance forklift truck to move waste material when it clipped a kerbstone at the edge of the roadway and overturned. He was not wearing a seatbelt. 

His mum Sarah Anderson, a care assistant from Newark, said: “No mother should lose a child and for Jamie’s son Harley he has lost a loving father.

“As a family we have gone through all emotions, and I still feel angry as Jamie simply went to work and didn’t come home. This should not have happened.

“He was a happy-go-lucky boy and would do anything for anyone. It’s the everyday things that remind me of him and I miss his smile and blue eyes. He’s missed so much.”

An investigation by the Health and Safety Executive (HSE) found that The Barcode Warehouse Ltd failed to enforce the use of seatbelts by forklift truck operators. They should have properly risk assessed the use of forklift trucks on their premises and enforced the use of seatbelts. Instead, it was left to individuals to choose whether to wear a seatbelt or not.

HSE has guidance available on managing forklift trucks.

At Nottingham Magistrates’ Court on 8 November the Barcode Warehouse Ltd of Telford Drive, Newark pleaded guilty to breaching Section 2(1) of the Health & Safety at Work Act 1974.  They were fined £500,000 and agreed to pay costs of £7,039.55.

Speaking after the hearing HSE inspector, Tim Nicholson said: “This tragic incident led to the avoidable death of a young man. Jamie’s death could easily have been prevented if his employer had acted to identify and manage the risks involved and enforced the use of seatbelts by forklift truck operators.”

This HSE prosecution was supported by HSE lawyers Nathan Cook and Jonathan Bambro, and Paralegal Officer Rubina Abdul-Karim.

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

Here are some of the stories published by the Health and Safety Executive (HSE) in October, with the workplace regulator heralding a key milestone in building safety, announcing a new inspection campaign, securing justice and urging employers to try the shout test!

HSE to prosecute Falcon Tower Crane Services Limited following deaths of three men

We started off the month by announcing our prosecution against Falcon Tower Crane Services Limited after a crane collapsed in Crewe and killed three men.

A trial at Chester Crown Court will take place in relation to the incident, which occurred in June 2017, starting on 4 November 2024.

Read more here: HSE to prosecute Falcon Tower Crane Services Limited following deaths of three men | HSE Media Centre

Companies fined as child suffers fractured skull

Three companies were fined last week after a slate tile fractured the skull of a three-year-old girl.

The pre-schooler was placed in an induced coma and required a two-hour operation to remove fragments of slate from her head following the incident.

Read more here: Companies fined as child suffers fractured skull | HSE Media Centre

HSE to visit farms as part of national inspection campaign

Inspectors from HSE will visit farms across England, Scotland and Wales in the coming months as part of a push to change the culture in the farming industry and check for compliance with long standing legal requirements.

The inspectors will also look at risks to members of the public, which often means the management of cattle around public rights of way, as well as child safety on the farm.

Read more here: HSE to visit farms as part of national inspection campaign | HSE Media Centre

BSR register of high-rise buildings represents major momentum for building safety

The Building Safety Regulator’s new regulatory regime has moved further ahead in its vital registration programme of in-scope high-rise residential buildings, that are at least 18 metres or seven storeys tall, with two or more residential units.

Principal Accountable Persons (PAP’s) were given until the 1 October 2023 to register all high-rise residential buildings in England. It is now an offence to allow residents to occupy an unregistered building.

Read more here: BSR register of high-rise buildings represents major momentum for building safety | HSE Media Centre

Company fined £240,000 after Liverpool residents put at risk during removal of dangerous cladding

A HSE prosecution was brought against Green Facades Limited after the company failed to take appropriate precautions to ensure the safety of residents living in a Liverpool apartment block.

When a HSE inspector visited the apartment block, they found cladding, similar to that used on Grenfell Tower, lying on residents’ balconies.

Read more here: Company fined £240,000 after Liverpool residents put at risk during removal of dangerous cladding | HSE Media Centre

Try the shout test – protect workers’ hearing

With around a fifth of the British working population potentially exposed to high noise levels, HSE is now urging workplaces to consider the shout test to manage noise at work and ways to give workers’ ears a break.

Bosses must assess and identify measures to eliminate or reduce risks from exposure to noise so that they can protect the hearing of their workers.

Read more here: Try the shout test – protect workers’ hearing | HSE Media Centre

Construction company fined after serious injury to 16-year-old on work experience

A teenage boy suffered serious injuries after becoming trapped under a tractor while on paid work experience at Earlcoate Construction and Plant Hire Limited.

The teenager’s dad says his son is now more anxious as a result of the incident.

Read more here: Construction Company fined after serious injury to 16-year-old on work experience | HSE Media Centre

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk
2. HSE news releases are available at http://press.hse.gov.uk

A builder has avoided an immediate spell behind bars after being convicted of carrying out gas work at a property in Berkshire when he was not qualified to do so.

Thomas Murray, who traded as Kerbgold Design and Construction Ltd, was given an eight-month prison sentence which was suspended for 18 months.

Reading Crown Court heard how Murray had been contracted to manage a large-scale renovation and extension of a property in Maidenhead in July 2018. The project involved significant gas work, including the installation of a gas boiler, relocation of a gas meter and the installation of associated pipework for both.

Further information and guidance on domestic gas health and safety is available.

However, the project over ran and the householders had to return to the property in January 2019, where they soon reported the smell of gas. Murray carried out a test which detected no gas leak.

As their concerns persisted, the homeowners contacted a Gas Safe Registered engineer to inspect the installation. The engineer found a gas leak and other faults within the installation. In addition, Cadent Gas, the gas supplier to the property, had never been notified about the relocation of the meter and pipework. The pipework leading to the meter was found to have been laid to incorrect depth and fittings suitable only for water pipework had been found to have been used throughout the installation.

An investigation by the Health and Safety Executive (HSE) found that although Murray arranged for a Gas Safe engineer to install the boiler, they had only connected the water plumbing and left the property due to concerns being raised. In a bid to allow the homeowners to access hot water and heating, Murray decided to undertake some of the gas work himself as a temporary fix.

Murray, of Heath End Road, Flackwell Heath, Buckinghamshire, pleaded guilty to breaching section 3(2) of the Health Safety at Work Act 1974 and was sentenced to eight months in prison, suspended for 18 months. He was also ordered to complete 250 hours unpaid work.

Speaking after the hearing, HSE inspector Karen Morris said: “In this case, Mr Murray was responsible for overseeing the gas work, which was not finished and had left householders and their neighbours at risk from the dangers and effects of leaking gas.

“To make matters worse, he decided to try and finish the job himself, despite not being competent to do so.

“His failures could have led to catastrophic and tragic consequences.

“We will not hesitate to prosecute builders who fail to ensure that gas work under their control is conducted safely using Gas Safe Registered engineers.”

Gas engineers and consumers can contact the Gas Safe Register in any of these ways:

• Gas Safe Register
• Phone – Consumers: 0800 408 5500; Engineers: 0800 408 5577
• Email – enquiries@gassaferegister.co.uk

Notes to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. Further information on domestic gas health and safety is available.

A waste company has been fined over £250,000 after a member of the public was run over by one of its vehicles and died.

The woman was collecting wood from Martins of York’s yard on Osbaldwick Lane, York, when she was hit by a reversing skip wagon on 29 January 2020.

She later died from her injuries.

The woman had regularly attended the site with another woman to collect wood.

A Health and Safety Executive (HSE) investigation into the incident identified that Martins of York had failed to put in place appropriate measures to control access into the main yard area. This allowed unrestricted access to the site so visitors, including members of the public, were exposed to risks from moving vehicles. Martins of York employees working as hand pickers within the yard were also put at risk of being struck by moving vehicles within the area.

HSE guidance can be found at: Waste management and recycling – Transport (hse.gov.uk)

Martins of York Limited, of Park Court, Riccall Road, Escrick, York, pleaded guilty to breaching Section 2(1) and 3(1) of the Health & Safety at Work etc. Act 1974. The company was fined £268,000 and ordered to pay £10,130.32 in costs at York Magistrates’ Court on 27 October 2023.

HSE inspector Darian Dundas said: “Measures should have been introduced to prevent members of the public from being able to enter the yard without authorisation, whilst also ensuring that workers present within the yard were not put at risk from vehicles moving in and around where they were working.

“This incident could so easily have been avoided by carrying out correct control measures and safe working practices.

“It is hoped that this will remind the waste industry of the need to ensure that workplace transport is appropriately considered, with control measures introduced to ensure the appropriate separation of vehicles and pedestrians.”

This HSE prosecution was supported by HSE enforcement lawyer Jayne Wilson.

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk
2. More about the legislation referred to in this case can be found at: legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk

A commercial printing company has been fined £100,000 after an employee’s hand was crushed by a laminating machine.

The man had been working for Celloglas Limited at the firm’s site at Cross Green Industrial Estate in Leeds.

He was attempting to fix a laminating machine on 25 November 2020 when his right hand was drawn into the device and crushed between two rollers. The worker, who was 31 at the time, realised the machine had broken while he was feeding the device with paper.

The incident led to the man’s right hand sustaining soft tissue crush injures as well as nerve damage and contact burns to his right wrist. The injuries to his hand meant the man could not drive for seven months following the incident and also led to him suffering with anxiety and PTSD.

A Health and Safety Executive (HSE) investigation into the incident found the laminating machine was not adequately guarded and that the company failed to review existing risk assessments for the machine which required the production of a safe system of work.

HSE guidance can be found at: Managing risks and risk assessment at work – Overview -HSE

Celloglas Ltd, of Exeter Way, Theale Commercial Estate, Theale, Reading, pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc Act 1974. The company was fined £100,000 and ordered to pay £5,165.09 in costs at Leeds Magistrates’ Court on 30 August 2023.

HSE inspector Darian Dundas commented: “A review of existing risk assessments for the machine should have identified that a safe system of work was required to keep operatives safe from harm. Had such a review taken place then this incident could so easily have been avoided.”

This HSE prosecution was supported by HSE enforcement lawyer Gemma Zakrzewski.

Notes to Editors:

1. The Health and Safety Executive(HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

An aircraft maintenance company has been fined £230k after a worker fell from height while inspecting wings at its facility in Cardiff.

Iain Mawson, a British Airways Maintenance Cardiff Ltd employee, was placed into an induced coma for three weeks such were the extent of his injuries, which included numerous skull fractures and a brain haemorrhage.

Cardiff Magistrates Court heard how Mr Mawson fell through a gap in the guard rail of the docking platform where safety barriers had been removed.

The 52-year-old also suffered multiple fractures to his ribs, scapula, vertebrae and collar bone as a result of the incident on 10 November 2019 and has not been able to return to work since.

An investigation by the Health and Safety Executive (HSE) found that the company had failed to adequately analyse the risks and avoid removal of guardrail safety barriers or ensure safety barriers were replaced.

British Airways Maintenance Cardiff Ltd of Waterside, PO Box 365 Harmondsworth  UB7 0GB pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974  and has been fined £230,000 and ordered to pay costs of £21,623.

Speaking after the hearing, HSE inspector Sara Lumley said: “This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.