Engineering firm fined following worker’s death

An engineering and services company has been fined following the death of a worker.

Alistair Hutton,  a sub-contractor hired by NG Bailey Limited, lost his life while working on the construction of the Baird Family Hospital in Aberdeen on 18 January 2023.

He had been navigating a mobile elevating work platform (MEWP) along an unfinished corridor at the hospital when his head struck a metal lintel.

Mr Hutton, who lived in Forfar, immediately lost consciousness, and died at the scene shortly thereafter.

The 51-year-old was pronounced dead less than an hour after the incident.

A Health and Safety Executive (HSE) investigation found NG Bailey Limited, the lead contractor for the project, had failed to consider overhead obstructions, especially during the transit of MEWPs  on site. The assessments in place did not consider these risks despite HSE and industry guidance highlighting them and the available control measures.

HSE guidance states it is important that those responsible for selecting, specifying and managing MEWPs on site understand the risks associated with the use of a MEWP so they can advise on the precautions required to eliminate or control those risks. More on this can be found at: Construction – Mobile elevating work platforms health & safety (

NG Bailey Limited, of Brown Lane West, Leeds, pleaded guilty to breaching Sections 3(1) and 33(1)(a) of the Health and Safety at Work etc. Act 1974. The company was fined £135,000 and ordered to pay a victim surcharge of £10,125 at Aberdeen Sheriff Court on 21 March 2024.

HSE inspector Graham McEvoy said: “There was a failure by NG Bailey Limited to consider available guidance and the work that was being done, which led to inadequate risk control measures being implemented and unsafe working practices developing.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards. Our thoughts remain with Mr Hutton’s family and friends.”

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.