Two companies have been sentenced after a worker fell from a scissor lift and fractured his skull, leaving him in an induced coma.

The electrician, employed by Optilight Electrical Services Ltd, had been repairing light fittings at Expert Tooling and Automation Ltd’s site on Sayer Drive, Coventry when he fell from a scissor lift and landed on the factory floor.

The Health and Safety Executive (HSE) prosecuted both companies following the incident on 21 September 2022.

The 52-year-old, from Sheffield, was in the cage of a raised scissor lift approximately 35 feet high when a worker at Expert Tooling began to operate a nearby overhead crane. He did not notice the electrician in the scissor lift.

The crane then collided with the scissor lift, causing it to twist and hit nearby racking before landing on the factory floor.

The electrician came out of the cage while it was falling, hitting his head on the floor and sustaining serious injuries.

A second worker at Optilight Electrical narrowly avoided being crushed by the scissor lift, jumping out of the way before it landed on the floor.

The injured worker sustained a fractured skull, two brain bleeds, a broken collarbone, eight broken ribs, a broken elbow and wrist as well as a punctured lung. He was later placed in an induced coma and underwent several operations.

A HSE investigation found that Optilight Electrical had not identified the operation of overhead cranes as a risk to its employees that were working at height at Expert Tooling’s site. Expert Tooling did not put procedures in place to prevent the use of overhead cranes while the work at height was taking place. Expert Tooling instead relied on contractors identifying risks and implementing control measures, rather than ensuring procedures were already in place. Both companies did not communicate to each other how the work they were undertaking could impact their staff’s safety at the site.

HSE guidance recommends implementing “permit to work” systems for work activities that require extra care. They are a more formal system stating exactly what work is to be done and when, and which parts are safe. Permit to work systems also provide a means of communication between site management, supervisors, operators and those who carry out the work. More on this can be found at: Human factors/ergonomics – Permit to work systems (hse.gov.uk)

Expert Tooling & Automation Ltd, of Sayer Drive, Coventry, West Midlands, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £50,000 and ordered to pay £1,985.97 in costs at Birmingham Magistrates’ Court on 29 April 2024.

Optilight Electrical Services Limited, of Oakwood Road, Mansfield, Nottinghamshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £7,000 and ordered to pay £1,985.97 in costs at Birmingham Magistrates’ Court on 29 April 2024.

HSE inspector Charlotte Cunniffe said: “This case clearly illustrates the disastrous consequences that can occur when two companies each assume the other has taken responsibility for safe working practices.  Risk often arises through a failure to communicate effectively.”

This prosecution was brought by HSE enforcement lawyers Jon Mack and Nathan Cook and supported by HSE paralegal officer Sarah Thomas.

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.

In a bid to highlight workplace health solutions, the Health and Safety Executive (HSE) has unveiled its 2024 ‘Risk Reduction Through Design’ awards winners, celebrating design changes that mitigate the risk of musculoskeletal disorders (MSDs) in the workplace.

The Risk Reduction Through Design award 2023/24, sponsored by HSE and the Chartered Institute of Ergonomics and Human Factors (CIEHF), aims to spotlight design changes that reduce MSD risks across industries. MSDs encompass a range of conditions affecting the musculoskeletal system, including back pain and joint injuries.

This year marked the introduction of a new category, recognising the efforts of small to medium enterprises alongside the overall best design innovation.

Cranswick Gourmet Pastry has been awarded the MSD Risk Reduction through Design Award for its modification to their pie filling process. The design introduced the “Hopper Topper”, which eradicates the need for manual lifting and decanting of heavy trays and buckets of pie fillings, reducing MSD risk from this activity and increasing productivity.

Kent-based MRF Contracting has been recognised with the inaugural Small to Medium Enterprise (SME) Recognition Award for its creative use of a handheld crane and tool balancer tailored for its fencing installation operations. This design has substantially reduced the physical strain from lifting and hand-arm vibration (HAVS) effects on employees, promoting a healthier and more efficient working environment.

Chris Quarrie, Chartered Ergonomist and Human Factors specialist and chair of this year’s judging panel, said: “We applaud both Cranswick Gourmet Pastry and MRF Contracting for their contributions towards reducing workplace MSD risks to their workers.

“These awards demonstrate how MSD risks can be designed out of daily work activities. For many workplaces, simple changes can reduce the amount of physical lifting, bending, twisting and the associated strains those movements have on the body. Where manual handling is still necessary, innovative designs like those implemented by our winners can make all the difference when it comes to creating healthier work environments. These awards reflect the importance of engaging the employees throughout the process of designing out MSD risk.

“We are thrilled with all the nominations submitted this year. We hope that other workplaces, with the help of their employees, can consider designing out, or reducing MSD risk, with simple and cost-effective solutions.”

Speaking about their winning design solution, a Cranswick Gourmet Pastry spokesperson said: “We are thrilled that we have been awarded the prestigious MSD Risk Reduction Through Design Award 2024. This accolade serves as a testament to our ongoing commitment within our health & safety strategy to find innovative solutions aimed at eliminating and mitigating risks. This remarkable achievement is a testament to the dedication and hard work of the entire team involved in the project.”

Archie Montgomery, CEO of MRF Contracting, said: “Winning the award gives recognition to the wider MRF team, which works together to ensure that we are working in the safest, healthiest and best environment. A design as simple as this started from an employee suggestion and was developed through the office staff and our workshop fitters to deliver a solution that benefits the staff we have now and, in the future, and, with luck, other users of this tool.

“It’s a sign of recognition that we, as a company, are progressing toward creating a safer, happier environment.”

The dual awards were presented by Dr Andrew Pinder, HSE Senior Ergonomist, during CIEHF’s annual awards ceremony on 23 April 2024, where the commitment and innovation of the winning companies was celebrated.

Speaking about the awards, Iris Mynott, from CIEHF, said: “Through these recognitions, we highlight the impactful contributions of businesses in advancing workplace safety. Congratulations to our winners and all the entrants for their dedication to ergonomic improvements.”

For further details on the winners and their innovative designs, visit: https://www.hse.gov.uk/news/msd-awards.htm

Notes to Editors:

1. For more information on the award winners visit: https://www.hse.gov.uk/news/msd-awards.htm
2. More information about Chartered Institute of Ergonomics and Human Factors (CIEHF) can be found here: https://ergonomics.org.uk/
3. 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.
4. HSE news releases are available at http://press.hse.gov.uk

A carpentry contractor has been fined after a 22-year-old man died after he was struck by construction equipment on a building site.

On 30 October 2019, Niall McCormack from Kettering, Northamptonshire had been working for KM Carpentry Contractors Limited installing roof trusses at a new build site at Alconbury Weald, Cambridgeshire.

Both the truss packs and party wall spandrel panel had been lifted by crane onto a pair of semi-detached properties the day before the incident – temporarily supported by timber restraints.

Mr McCormack was working with another carpenter to remove trusses from the pack, to then spread and install across the building. As the two carpenters were in the process of spreading, the wind caught a spandrel panel, pushing it against the remaining trusses in the pack. Both the truss pack and spandrel panel fell into the work area. Niall McCormack was struck by the falling material and suffered a fatal head injury.

An investigation by The Health and Safety Executive (HSE) found that KM Carpentry Contractors Limited had failed to identify the risk of wind loading, and the effect this could have on the stability of the spandrel panel prior to being secured in place. The method statement for the installation of the spandrel panels included lifting and placing them on the roof only after the roof trusses had been installed and permanently secured. This could not be followed as they had both been placed on the roof at the same time as the roof trusses the day before.

HSE has guidance on the roles and responsibilities for contractors who directly employ or engage construction workers or manage construction work.

At Cambridge Magistrates’ Court on 25 April 2024, KM Carpentry Contractors Limited, of High Street, Higham Ferrers pleaded guilty to breaching Section 2(1) of the Health & Safety at Work etc Act.

The Company was fined £8,000 and ordered to pay £6,974 in costs.

A family statement said: “The whole family has been badly affected by Niall’s loss. One of his friends is going to Australia and we can’t help thinking Niall should be here and going with him.

“Niall has lost the ability to grow up and have children of his own. He won’t be getting married and all the things you do as families. He’s missed out on so much, for what, going to work. No one should go to work and not come back.”

After the hearing, HSE Inspector Jenny Morris said: “Our thoughts are with Niall’s family, a 22-year-old who was just setting out on his career in the construction industry.

“This case highlights the importance of identifying the risks associated with a work activity and ensuring a safe system of work is devised and then followed.”

The prosecution was brought by HSE enforcement lawyer Samantha Wells and paralegal officer Lucy Gallagher.

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.

A company and its director have been sentenced after workers were exposed to asbestos and its potential harmful effects.

Inspectors from the Health and Safety Executive (HSE) visited Eye Track Limited’s site in Stretford, Manchester, and found an uncontrolled spread of asbestos containing materials around the premises.

HSE has recently updated its webpages on asbestos safety and in 2023 launched an awareness campaign, Asbestos and You, which provides tradespeople with information about how to deal with asbestos on a job, and the personal risks from asbestos that still exist across the country today.

Earlier this year, the workplace regulator launched its Asbestos: Your Duty campaign that aims to improve understanding of what the legal duty to manage asbestos involves.

HSE attended the premises on Talbot Road in April 2019 after concerns were raised over workers unsafely working at height during the demolition of a number of units and construction of eight new residential houses.

During the inspection, HSE found significant amounts asbestos-containing materials across the site, mostly large amounts of debris associated with the breakage of asbestos-containing roof sheets from the demolished units. One unit taken down was estimated to contain 100 square metres of asbestos insulation board, 70% of which was demolished by hand and machinery.

A subsequent HSE investigation found the asbestos removal work was carried out under the direct control and instruction of Eye Track Limited director Selcuk Pinarbasi, who was fully aware of the potential dangers of asbestos. Mr Pinarbasi had some months earlier instructed a suitably qualified asbestos surveyor to carry out an asbestos demolition survey which had identified in detail the presence of both licensed and unlicensed materials throughout the site. Mr Pinarbasi was therefore fully aware of the risks the site posed from the presence of asbestos materials on his site prior to any demolition work taking place.

Eye Track Limited, of Talbot Road, Stretford, Manchester, pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £20,000 and ordered to pay £18,783.61 in costs at Manchester Crown Court on 25 April 2024.

At the same hearing. Selcuk Pinarbasi, of Bankhall Lane, Hale, Greater Manchester, pleaded guilty to breaching Section 3(1) and Section 33(1)(g), by virtue of Section 37(1), of the Health and Safety at Work etc. Act 1974. He received a custodial sentence of 20 weeks, suspended for 12 months. He was also fined £75,000 and ordered to pay costs of £18,783.61.

HSE inspector Phil Redman said: “This case highlights how such behaviour will not be tolerated under any circumstances. Lives were deliberately put at risk as profits were prioritised over safety during the uncontrolled demolition and removal of asbestos containing materials.

“Eye Track Limited and its director showed a total disregard for the health, safety and welfare of workers working under their control.”

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.

A packaging manufacturer has been fined for safety breaches after a worker received severe hand injuries at a factory in Yorkshire.

On 15 June 2020 an agency worker injured their fingers when using a table saw without a guard at Loadhog Limited’s site at Hawke Street, Sheffield.

The worker, who was operating the saw, received the injuries when his fingers came into contact with a rotating saw blade. Three fingers were partially severed although they were later reattached in hospital.

A Health and Safety Executive (HSE) investigation found that the company had failed to carry out a suitable and sufficient risk assessment, resulting in a failure to provide a suitable guard, allowing access to the exposed parts of the saw blade.

HSE has guidance for people and companies who own, operate or have control over work equipment and how to use it safely.

At Sheffield Magistrates’ Court on 25 April, Loadhog Limited of The Hog Works, Hawke Street, Sheffield pleaded guilty to breaching Regulation 11 of the Provision and Use of Work Equipment Regulations 1998 and Regulation 3 of the Management of Health and Safety at Work Regulations 1999. They were fined £100,000 and ordered to pay £3,139.75 in costs.

After the hearing the HSE inspector Laura Hunter said: “This incident could so easily have been avoided by simply implementing the correct control measures and safe working practices.

“HSE has clear guidance on the provision and use of work equipment that can help in preventing incidents like this from happening.

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

This HSE prosecution was brought by HSE Enforcement Lawyers Jon Mack and Kate Harney and supported by Paralegal Officer Rebecca Forman.

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.

A company director has been fined after workers were exposed to asbestos during the demolition of a hotel in Cornwall.

Mr Paul Stephens, director of the now liquidated Stephens and Stephens Developers Limited, was fined more than £60,000 as a result of failures at the former Cliffdene Hotel in Newquay in 2020. The hotel had closed in 2018 and was part of a redevelopment plan to build residential apartments on the site.

An investigation by the Health and Safety Executive (HSE) into the control of asbestos at the site came after the hotel had been almost entirely demolished in August 2020. The company had overall control over the assessment and removal of all asbestos containing materials (ACMs) on site.

However, further enquiries revealed the presence of extensive asbestos debris, a sign that significant spreading had occurred, and that those actions taken to control exposure had been inadequate. Stephens was charged for failure to take reasonably practicable steps to contain the spread of asbestos.

• The issue of asbestos more widely, and improving knowledge of the dangers, is the focus of two HSE campaigns. Guidance on asbestos safety has recently been updated and the current Asbestos: Your Duty campaign aims to improve understanding of what the legal duty to manage asbestos involves.

Paul Stephens of Bar Meadows, Malpas, Truro, Cornwall pleaded guilty to breaching regulations 16 of the Control of Asbestos Regulations 2012 by virtue of Section 37(1) of the Health and Safety at Work etc. Act 1974. He was fined £65,813 and ordered to pay costs of £26,116 at Truro Crown Court on 24 April 2024.

Speaking after the hearing HSE principal inspector Georgina Symons said: “The hotel was not in a state of disrepair and presented no structural danger, so there is no reason why the removal of ACMs could not be done ahead of its demolition.

“Identification of the hazard is key. No asbestos removal should happen if there is a risk of exposing workers to it. There needs to be a sufficient assessment as to the presence, location and condition of asbestos at all premises.

“Those tasked with undertaking the assessment should have the necessary skills, knowledge and experience to undertake this work.”

This prosecution was brought by HSE enforcement lawyer Matt Reynolds.

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. HSE has recently updated its guidance on asbestos safety and has just launched its Asbestos: Your Duty campaign that aims to improve understanding of what the legal duty to manage asbestos involves.

A farming business has been fined for multiple health and safety breaches which placed employees and others at risk over many years, in an attempt to cut costs.

Seymour Stevens Limited operate a beef and arable farm in Faversham, Kent.

A site visit carried out in November 2022 identified multiple, serious health and safety failings.

The Health and Safety Executive (HSE) investigation found one of the barns, used as a through route by an employee, was deemed unsafe to enter due to its poor structural state. Seymour Stevens Ltd were aware of this but had taken the decision not to repair the shed due to the costs, but had continued to allow its use. A number of electrical faults were also identified within that shed.

In another shed, the roof was insecurely fixed and was being weighed down with a straw bale in an attempt to prevent it from moving. Roof sheeting was also in poor condition and state of disrepair; in some cases, even falling from buildings.

Bull pens were broken and rusty and concerns were raised about the suitability of these to contain a bull. During the Christmas period in 2022, a bull had managed to escape the farm and was brought back to site by the Police.

Earlier in the same year, the company had been invited to attend a paid-for “Preparing for Inspection” courses which have been developed in partnership with industry. They didn’t take up that offer, missing the opportunity to learn more about their health and safety responsibilities and to better manage the risks they faced.

Seymour Stevens Limited pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc. act 1974 and was fined £12,000 and ordered to pay £4,830 in costs at a hearing at Maidstone Magistrates’ Court on 24 April 2024.

Speaking after the hearing, HSE inspector Peter Bruce said: “While agriculture accounts for just one percent of the working population, it accounts for about 20 per cent of workplace fatalities.

“In the case at Seymour Stevens farm, there were failings to manage health and safety risks associated with animals and falling objects – two of the five most common causes of fatal injuries in the agriculture sector.

“Employees and members of the public were being put at risk, despite previous warnings having been given to the company by their staff.

“It is important that employers maintain their workplaces and equipment to suitable standards to ensure that employees, visitors and members of the public are not put at risk.”

HSE is focusing on the dangers of livestock as part of this year’s Your Farm, Your Future campaign relaunched this week. The campaign has advice on working with livestock, and is hosted on its Your Farm Your Future campaign website, to assist farmers and workers and keep them safe.

This prosecution was brought by HSE enforcement lawyer, Jon Mack and supported by HSE paralegal officer, Lucy Gallagher.

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. Further details on the latest HSE news releases is available.
3. Further advice, videos and free resources Work Right Agriculture – Work Right to keep Britain safe

A drinks company has been fined £14,000 after a man’s finger was amputated after being caught in bottling machinery.

Daniel Richardson, then 32, assisted a colleague who was encountering problems with a bottle capping machine at the plant in Wigston, Leicestershire on 17 January 2022.

Mr Richardson, from Leicester, was able to reach into the machine and into the capper unit to remove the jammed part at which point, the capper head descended onto his finger, amputating the tip.

Attempts were made at Leicester Royal Infirmary to re-attach the tip of the finger – this proved unsuccessful, and it was subsequently necessary to amputate his finger between the first and second knuckle.

An investigation by the Health and Safety Executive (HSE) found that Sourcing International Limited, trading as Drinks Chef failed to properly guard against access to dangerous parts of machinery – in this instance fixed guarding had been removed and the machine was frequently used without it.

Additionally, an interlock device which should function to isolate the power and stop the machine when protective doors / guards were opened elsewhere on the machine was inoperable and so access to moving parts of machinery was further possible.

HSE has guidance on machinery safety highlighting how employers should consider how their workers use machinery and how they should also have adequate maintenance arrangements in place to ensure it remains safe to use.

Sourcing International Limited t/a Drinks Chef, of Unit A1 Bowbridge Works, Chartwell Drive, Wigston, pleaded guilty to contravening a requirement of Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998.

The company was fined £14,000 and ordered to pay costs of £4,175.79 at a hearing at Loughborough Magistrates Court on 24 April 2024.

After the hearing, HSE inspector Rebecca Gibson said: “This tragic incident highlights the duty on employers to ensure machinery, and other work equipment, is safe for use. Suitable guards would render dangerous parts of machinery inaccessible during normal use and would have avoided this serious injury to Mr Richardson.”

This prosecution was supported by HSE enforcement lawyer Sam Crockett.

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.

A housing company based in Kent has been fined £528,000 after an employee repairing a fence post inadvertently struck an underground cable, suffering burns to his face.

The MHS Homes employee and a colleague had been tasked by the company to repair three fence posts in a back garden of a tenant on 10 January 2023. They had already repaired two of the posts and started on a third, when one of the workers struck an underground electrical cable as he tried to break through some concrete using a breaker.

The company failed to provide the employees with information on the location of, or the tools to safely excavate around, an electrical cable and gas pipe.

An investigation by the Health and Safety Executive (HSE), found that MHS Homes often excavated the ground. However, they never provided any information to employees on the location of underground services and did not provide suitable equipment to detect and safely excavate underground services. They had previously identified the risk of underground services in a risk assessment in 2017.

On this occasion, the two employees were digging not only by an electrical cable, but also a gas service. This heightened the risk of a fire or explosion, with the potential to kill not employees and members of the public nearby, as well the risk of destroying property.

MHS Homes of Broadside, Leviathan Way, Chatham, Kent pleaded guilty to breaching Regulation 16(2), by virtue of non-compliance with Regulation 25(4), of The Construction (Design and Management) Regulations 2015. The company was fined £528,000 and must pay £4,122 in costs following a sentencing hearing on 24 April 2024.

After the hearing, HSE inspector Peter Bruce, said: “Underground services  are widespread and represent a significant risk. It is important measures are taken to identify them before any excavation work is undertaken.

“On this occasion, an electrical cable was struck and a worker suffered minor injuries. However it could have been much worse and potentially fatal.

“Those excavating the ground need to ensure that they obtain service plans prior to the work taking place. It is also vital that employees are provided with the correct tools and detection equipment to do their work safely.”

This prosecution was brought by HSE enforcement lawyer Rebecca Schwartz and supported by HSE paralegal officer Ellen Garbutt.

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 legislationreferred to in this case is available.
3. Further details on the latest HSE news releasesis available.
4. Guidance on working with underground services is available.

Fife Council has been fined £100,000 for safety breaches following the death of a vulnerable man who choked to death on a sandwich unsuitable for his prescribed diet.

In its role to support the care of those who live in supported living accommodation, Fife Council was responsible for the safe ingestion of food for 66-year-old Brian Millar.

On 4 June 2020, the resident of accommodation in Kirkcaldy was given a sandwich by a carer. Brian could only be given food that was carefully prepared to ensure it was soft and bite-sized.

Brian should also have been closely supervised to ensure his safety while eating.  However, the food was not suitably prepared and he was not closely observed. He choked on the sandwich and died.

At Kirkcaldy Sheriff Court on 23 April 2024, Fife Council, North Street, Glenrothes pleaded guilty to breaching Sections 3(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974. It was fined £100,000 and the Sheriff also directed that a Compensation Order of £50,000 be paid to Brian’s family.

 Speaking after the case, HSE inspector Kerry Cringan said: “It is tragic when a vulnerable person dies in circumstances which were completely avoidable.

“Sadly, it is not uncommon for us to be informed of deaths where people in care choke on high-risk foods that were not suitable for their diet.

“Care providers must be guided by speech and language therapy professionals and then ensure their staff are trained to understand what those recommendations mean.

“They should be aware that we will not hesitate to take appropriate enforcement action against those who fail to train staff in the importance of following modified texture diets.”

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.