A manufacturer of military explosives has been fined £670,000 after an employee was killed and another seriously injured in an explosion at its factory near Salisbury.

The two men were working on the production of MTV – an explosive substance used in military flares – at the premises of Chemring Countermeasures Limited in High Post on 10 August 2018. They were cleaning a vessel used in the production and were removing residual explosive material in preparation for the next day’s shift.

Piotr Zukowski, 29 of Southampton was partially inside the vessel when the remaining material exploded, killing him instantly. Another worker, Jake West, 32 was caught in the resulting fireball and sustained substantial burns.

Piotr’s mother Elżbieta, said her life ‘stopped’ on the day her son was killed.

“At the time, I was on holiday in Greece with my younger, 13-year-old son Maks.

“Then, my son Piotr died at Chemring. That’s when my heart stopped.

“I don’t know how we got back, I don’t know how I survived the next weeks. It was and still is a nightmare.

“Piotr went to work, as usual, and never came back.

“I could give all my money, my life, only for my son Piotr, at least for a moment, to appear in this world, so that I could hug him, to see his smile, to hear his voice.”

An investigation by the Health and Safety Executive (HSE) found that Chemring Countermeasures Limited of Romsey, Hampshire, had failed to carry out a suitable and sufficient risk assessment. They had also failed to identify that explosive material was building up within work equipment, or to identify the sensitiveness of these explosives and had not put in place controls to ensure that this build-up of material did not present a serious risk to workers. Furthermore, workers were poorly supervised, allowing routine non-compliance with process instructions to take place.

The company holds an explosive licence, granted by HSE, which permits the manufacture and storage of explosives. Activities carried out in the corridor compromised the route of access and egress from the building and were contrary to the conditions of the licence. It was also custom and practice to have the doors to all of the bays in the building open during the working day, also contrary to the conditions of the licence.

When the initiation occurred, because explosive waste was processed and stored in the corridor, it was allowed to communicate to other parts of the building thus increasing the severity of the event. Mr West was injured, receiving serious burns, whilst working in the corridor.

Chemring Countermeasures Limited pleaded guilty to breaching Regulation 2(1) of the Health and Safety at Work etc Act 1974. They were fined £670,000 and was ordered to pay £12,835 costs at a hearing at Swindon Magistrates’ Court on 27 June 2024. The prosecution was supported by HSE enforcement lawyer Alan Hughes and paralegal officer Ellen Garbutt.

After the hearing HSE inspector David Myrtle said: “This tragic incident led to the avoidable death of a young man. It could easily have been prevented.

“The failure to properly recognise the hazards posed by MTV throughout the production process, the unchecked build-up of waste MTV and a general lack of knowledge of good explosives practice meant the control measures in place were inadequate.”

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. Guidance for working safely with explosives is available.

A charitable trust has been fined after a volunteer lost his life during restoration work on the Wilts and Berks Canal.

Peter Konitzer was fatally crushed when a section of a wall collapsed onto him in an excavation at Pewsham locks on 24 August 2016.

The 62-year-old had been inside the excavation removing temporary propping that was supporting the wall when the section collapsed.

Wilts & Berks Canal Trust undertook the restoration work as part of its project to preserve, conserve and improve the route of the Wilts and Berks Canal.

A joint investigation by the Health and Safety Executive (HSE) and Wiltshire Police found Wilts & Berks Canal Trust had failed to ensure the safety of volunteers who were working within the excavation. The temporary propping was inadequate and there was no clear method for the safe installation or removal of props during this renovation work.

The trust routinely used volunteers to assist in work to undertake tasks including clearing rubbish and overgrowth from various canal sites and general gardening type duties but had increasingly used volunteers for light construction works.

Wilts & Berks Canal Trust, of Dauntsey Lock, Chippenham, Wiltshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The trust was fined £30,000 and ordered to pay £10,822 in costs at Swindon Magistrates’ Court on 24 June 2024.

HSE inspector James Lucas said: “This was a tragic and wholly avoidable incident. The situation which led to Peter’s death would not have arisen had the temporary structural works been properly planned and implemented to ensure a suitable safe system of work prior to the incident.

“It is essential that those in control of work of this nature devise safe methods of working and to provide the necessary information, instruction, and training to their workers to ensure their safety.”

This prosecution was brought by HSE enforcement lawyer Iain Jordan and supported by HSE paralegal officer Rebecca Withell.

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. Wilts & Berks Canal Trust will also pay £6,043.16 in compensation.

Two companies have been fined after a teenage worker was exposed to asbestos.

The 16-year-old had been working for P Turnbull Joinery and Building Services Ltd on an outbuilding of a domestic property after the firm had been hired by Alt Berg Holding Limited to refurbish the property in Richmond, North Yorkshire.

He had been breaking up cement sheets taken from the roof of the property and putting them into a skip on 7 June 2021. Asbestos was later found to be in the cement sheets, exposing the worker to asbestos fibres.

A Health and Safety Executive (HSE) investigation found that Alt Berg Holdings Limited had failed to carry out an asbestos refurbishment and demolition survey of the property, which would have identified the asbestos. P Turnbull Joinery and Building Services Ltd had not properly assessed the work and failed to prevent the worker being exposed to asbestos.

P Turnbull Joinery and Building Services Ltd, of Attwood Terrace, Wolsingham, Durham, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £2,000 and ordered to pay £500 in costs at Peterlee Magistrates’ Court on 20 June 2024.

Alt Berg Holdings Limited, of Moor Road, Melsonby, Richmond, North Yorkshire, pleaded guilty to breaching Regulation 4(4) of the Construction (Design and Management) Regulations 2015. The company was fined £6,000 and ordered to pay £1,950 in costs at Peterlee Magistrates’ Court on 20 June 2024.

HSE Principal Inspector Chris Tilley commented: “A suitable and sufficient asbestos refurbishment and demolition survey of the building undertaken by the client and provided to the contractor before work started would have identified the presence of asbestos in the roofing materials. The contractor could have ensured that suitable controls were put in place and the asbestos removed safely before further work was undertaken.

“This incident could so easily have been avoided by the provision of suitable and sufficient pre-construction information, effective communication between the parties and the use of correct control measures and safe working practices.”

This prosecution was brought by HSE enforcement lawyer Chloe Ward and supported by HSE paralegal officer Rebecca Withell.

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 in Berkshire has been fined £30,000 after a father-of-four was electrocuted.

Levi Alleyne (known as ‘Chunky’) lost his life while delivering crushed concrete at a construction site on Swallowfield Road, Reading, on 16 November 2020.

Chunky was killed after the crane arm of his lorry came into close contact with an overhead power line, which then created an electrical charge.

The 41-year-old later passed away from his injuries.

A Health and Safety Executive (HSE) investigation found BBM Contracts Limited, the principal contractor, ordered the delivery and chose the area where the crushed concrete would be delivered. However, the delivery area was located below an 11kv overhead powerline. The company was aware of the presence of overhead powerlines but did not consider whether there was an alternative way of working which avoided them, nor did it put in place demarcations or warnings. An alternative delivery route was subsequently used following the incident.

BBM Contracts Limited, of Aldbourne Avenue, Earley, Reading, pleaded guilty to breaching Regulation 13(1) of the Construction (Design and Management) Regulations 2015. The company was fined £30,000 at Reading Magistrates’ Court on 20 June 2024.

HSE principal inspector Georgina Symons said: “This tragic incident led to the death of a father-of-four. This death might have been prevented if the contractor had correctly identified and managed the risks involved.

“The dangers associated with overhead power lines are well-known and a wealth of advice and guidance is freely available from HSE and other organisations.”

This prosecution was brought by HSE enforcement lawyer Samantha Tiger and supported by HSE paralegal officer Helen Jacob.

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. BBM Contracts Limited has also been ordered to pay £11,613.50 in compensation to the family of Levi Alleyne.

A company has been fined after a 75-year-old man was killed by a cow that had escaped from a livestock market in Wales.

Father-of-two Huw Evans was knocked down and trampled by a cow that was being auctioned at a livestock market run by J.J. Morris Limited on 19 November 2022.

The cow was being unloaded into a pen at Whitland Livestock Market but managed to escape before heading towards Whitland, Carmarthenshire.

Mr Evans, who also lived in Whitland, had been crossing the junction at North Road and West Street when he was attacked by the cow. He suffered multiples injuries and was flown to the University Hospital of Wales where he died six days later on 25 November.

A worker at J.J. Morris Limited was injured in an unsuccessful attempt to capture the cow, which later ran towards Whitland Rugby Club and a railway line before being captured and put down by Dyfed-Powys Police.

A Health and Safety Executive (HSE) investigation found J.J. Morris Limited, which has operated Whitland Livestock Market for over 30 years, failed to implement basic, physical control measures to prevent cattle from escaping. Additionally, the company’s risk assessment was not suitable nor sufficient as it referenced control measures that were not present at the market.

Mr Evans’ son, Dafydd, said in his victim personal statement: “Dad was my best friend and I miss him terribly, he was taken from us too soon. Losing Dad has had a tremendous effect on both myself and my brother. Because of this incident Dad’s grandsons will never fully know him personally and he will not see them grow up.”

J.J. Morris Limited, of High Street, Haverfordwest, Pembrokeshire, 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 £75,000 and ordered to pay £5,047.55 in costs at Llanelli Magistrates’ Court on 20 June 2024.

HSE inspector Rhys Hughes said: “This tragic incident was foreseeable and preventable. The risk posed by cattle escaping from the livestock mart should have been identified, and effective control measures implemented. The case highlights the importance of following industry guidance, which is readily accessible and outlines the requirements to safely manage cattle.”

This prosecution was brought by HSE enforcement lawyer Rebecca Schwartz and supported by HSE paralegal officer Imogen Isaac.

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 has been fined more than £300,000 after a driver was crushed to death by falling concrete blocks at a construction site in South Lanarkshire.

Conor Joseph Morgan had been delivering materials to Shott Farm in High Blantrye, a construction site being operated by Avant Homes (Scotland) Limited, when the incident happened on 19 April 2017.

The 45-year-old, who was employed as a HGV driver for Regen Waste Limited, was crushed as the concrete blocks were being unloaded from the articulated flatbed trailer using an excavator with pallet fork attachment. However, the length of the pallet forks fitted to the excavator exceeded the width of the pallet being unloaded.

As the pallet was being lifted the forks caught a second pallet of concrete blocks causing them to topple from the edge of the trailer and onto Mr Morgan.

The Health and Safety Executive (HSE) investigated and found that Avant Homes (Scotland) Limited as the principal contractor on site should have ensured there was a safe system of work for the unloading of the delivery vehicle driven by Mr Morgan. It also found Regen Waste Ltd had not carried out a suitable and sufficient assessment of risk for the drivers delivering to remote sites not under its control.

On 19 June at Hamilton Sheriff Court, Avant Homes (Scotland) Limited of Edinburgh Park, Edinburgh pleaded guilty to a breach of Section 3(1) of the Health and Safety at Work etc. Act 1974 and were fined £333,000. Regen Waste Limited of Newry, County Down pleaded guilty to breaching Regulation 3(1)a of the Management of Health and Safety at Work Regulations 1999 and were fined £23,000.

Speaking after the case HSE principal inspector Graeme McMinn said: “This was a tragic and wholly avoidable incident, caused by a failure of the principal contractor to implement a safe system of work.  The employer also failed to carry out a suitable and sufficient assessment of risk.”

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

HSE website has guidance on the safe loading and unloading of vehicles at Loading/Unloading activities – Workplace transport checklist – Section 6 (hse.gov.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.

A man has been given a suspended sentence after he carried out unsafe work on an extension to his own home in Manchester.

Abdul Rehman engaged operatives to help him build an extension to the property on Kings Crescent in Old Trafford – which was in addition to replacing the roof on the existing semi-detached house.

The Health and Safety Executive (HSE) served enforcement notices in relation to work being carried out from an unsafe scaffold at the property in August 2020. The scaffold was subsequently dismantled, and work put on hold.

However, in November 2021 the same inspector found that Mr Rehman was in control of and instructing operatives to re-roof his property. The work was being carried out without any form of fixed scaffolding or other equally effective measures to prevent the risk of a fall from height from the unprotected two storey roof.

A further prohibition notice was issued to prevent the unsafe work, but Mr Rehman continued to instruct, supervise and assist it. This went on for several weeks and included work during the hours of darkness and in breach of the prohibition notice while continuing to put the lives of the workers at risk.

A fixed safe scaffold could and should have been erected around the perimeter of the roof, but Mr Rehman chose to put cost cutting at the expense of safety to ensure the replacement roof to his property was completed. cost-cutting at the expense of safety.

An investigation by the Health and Safety Executive (HSE) found that Abdul Rehman, from Manchester, chose to ignore the issue of an enforcement notice and continue to instruct operatives to work on the roof without any form of fall protection under the hours of darkness.

He pleaded guilty to breaching regulations 4(1) and 6(3) of the Work at Height Regulations 2005, and section 33 1(g) of the Health and Safety at Work Act 1974. He was given a custodial sentence of 12 months, but this was suspended for 18 months. During that time he must also complete 180 hours of unpaid work. He must also pay £6,450 in costs at a hearing at Manchester Magistrates’ Court on 18 June 2024.

After the hearing, HSE inspector Phil Redman said: “This was a serious breach of the law, and it is fortunate nobody was seriously injured or killed as a result of Mr Rehman choosing to ignore the repeated requests of the inspector to provide a safe means for work from height.

“The case highlights the importance of following industry guidance by ensuring a suitable and sufficient safe scaffold was provided by a competent contractor.”

The prosecution was brought by HSE enforcement lawyers James Towey and 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.
4. Guidance on scaffolding is available.

A company in Aberdeen has been sentenced after an employee sustained serious injuries.

Miroslaw Pancyzk fractured both of his wrists and sustained a fractured middle finger on his right hand while working for Harper UK (Aberdeen) Ltd at the firm’s premises on 4 April 2022.

He had been using a piece of emery paper to polish a metal bar on a lathe when the paper snagged on the rotating workpiece.

This led to Mr Pancyzk’s gloved hands being drawn into the machine.

As a result, both of his wrists were fractured and he wore casts for six weeks following the incident. The palm of his right hand required plastic surgery. He lost the part of his ring finger on his right hand and also fractured the middle finger.

A Health and Safety Executive (HSE) investigation found Harper UK (Aberdeen) Ltd, a supplier of equipment to a number industries including oil and gas, failed to implement an adequate means of protection. At the time of the incident, there was no chuck guard in place, an absence of tooling to allow the task to be undertaken safely and no risk assessment for this particular lathe.

Harper UK (Aberdeen) Ltd, of Albyn Place, Aberdeen, pleaded guilty to breaching Section 2(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974. The company was fined £10,000 at Aberdeen Sheriff Court on 18 June 2024.

HSE inspector Graham McEvoy said: “This incident was easily preventable and the risk should have been identified. Employers should make sure they properly assess and apply effective control measures to minimise the risk from dangerous parts of machinery.”

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 construction company has been fined following the death of a worker.

Gary Webster lost his life two days after drowning in the River Aire on 30 October 2017.

Mr Webster and another worker had been on a boat removing debris at the bottom of the weir gates at Knostrop Weir when their boat capsized. The boat had been pulled into turbulent water, caused by the considerable flow of water flowing over the top of the weir.

The 60-year-old was repeatedly pulled under the water and was eventually recovered by a diver 14 minutes later. The other worker managed to swim to safety.

Mr Webster was pronounced dead on 1 November 2017 at Leeds General Infirmary.

A Health and Safety Executive (HSE) investigation found BAM Nuttall Ltd had several operatives who were trained and authorised to control the weir gates so that the flow of the water could be slowed down. This would have allowed the debris to float away or be reached safely by boat. However, the company failed to carry out this task.

BAM Nuttall Limited, of Knoll Road, Camberley, Surrey, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £2.345 million and ordered to pay £25,770.48 in costs at Leeds Magistrates’ Court on 12 June 2024.

HSE inspector Jayne Towey said: “BAM Nuttall Ltd failed to plan the work. It failed to carry out any assessment of the risks involved with the task. It failed to have any regard to the recognised hierarchy of controls to reduce the risk associated with removing debris from the water. It failed to ensure that suitable safety measures were in place and failed to put in place a safe system of work.

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

This prosecution was brought by HSE enforcement lawyer Jonathan Bambro 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.

A car wash firm in Devon has been fined £40,000 after it repeatedly failed to protect workers and members of the public from electrical safety risks.

Investigators from the Health and Safety Executive (HSE) carried out multiple visits to Best Car Wash Ltd in Tavistock between July 2021 and November 2022. They found employees were carrying out car washing outdoors, using electrical appliances such as pressure washers and vacuum cleaners. However, the company had failed to ensure the installation had been constructed or maintained to prevent danger to both the employees and members of the public. As a result of the electrical hazards identified, the company was issued with five enforcement notices.

Despite the notices, subsequent visits found they had not been complied with and it wasn’t until April 2023 that a competent person inspected, tested and repaired the installation.

The HSE investigation found the failure of the employer to comply with the initial notice resulted in electrical safety risks to the vulnerable workers persisting for longer.

Best Car Wash Ltd of Plymouth Road, Tavistock, Devon did not provide representation at Plymouth Magistrates’ Court and were found guilty in their absence of breaching Section 3(1) of the Electricity at Work Regs and Reg 33 (1)(g) of the Health & Safety at Work Act 1974.  They were fined £40,000 and ordered to pay costs of £3,164 on 6 June 2024.

Speaking after the hearing, HSE Principal Inspector Helena Allum said: “We can and will prosecute if companies fail to comply with enforcement notices.

“Those in control of work have a responsibility to ensure safe methods of working. The dangers associated with electricity in a work environment are well known and a wealth of advice and guidance is freely available from HSE.”

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.