Corporate

HSE issues urgent offshore gangway safety notice

The Health and Safety Executive (HSE) has issued a safety notice today (8 August) to highlight the risks of potentially fatal gangway accidents to offshore workers.

Serious risks have been identified where motion compensated gangways retract without warning due to power failures or control system errors. This puts workers at risk of falling from height, being struck by moving parts, or suffering serious injuries including death.

HSE is calling on operators in oil and gas, and renewable energy sectors to review their gangway arrangements. Any gangways that cannot provide sufficient warning before automatic retraction must be taken out of service until proper safety controls are installed.

Howard Harte, Operations Manager (Offshore Regulation) at the Health and Safety Executive, said: “Despite a previous safety alert in 2024, and the publication of industry good practice, we have become aware that gangways that provide insufficient warning before auto-retraction are still being used in the offshore oil and gas and renewables industry.

“This safety notice addresses continuing incidents where gangway failures have resulted in unexpected retraction without adequate warning to operators or personnel crossing between platforms. Workers have been left unable to move to safety or brace for sudden movement when systems fail.”

Under the requirements, dutyholders must conduct technical risk assessments of all automatic gangway functions. Control systems must only allow auto-retraction when personnel are confirmed safe. The use of gangway operators to manually override automatic retractions requires rigorous risk assessment.

The HSE emphasises that adequate warning systems must provide advance notice before dangerous events occur.

Howard added: “A warning by definition is advanced notice that a potentially dangerous event is about to occur. The purpose of the warning is to enable persons to make themselves safe before the event occurs. Audible and/or visual alarms that are triggered at the same time the gangway retracts are not considered to provide adequate warning to enable workers to reach safety.”

Dutyholders must review their gangway design, including the testing that has been carried out of all automatic functions. They should carry out a suitable and sufficient technical risk assessment to understand all operational states of the control system under which the gangway may auto-retract, including that the control system will only result in auto-retraction if personnel are not at risk. Use of gangway operators to override auto-retractions should be rigorously risk assessed.

 

The safety notice can be viewed at: https://www.hse.gov.uk/safetybulletins/motion-compensated-gangways-auto-retraction.htm

Further guidance on offshore health and safety law, risk assessment and equipment safety is available on the HSE website:

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. HSE issued a previous safety notice relating to the risk of serious injury from motion compensated gangways in 2024 – HSE Safety Notice ED02-2024 Risk of serious injury from motion compensated gangways.
  3. Relevant legal documents:

Waste firm fined after worker crushed by excavator

A County Durham waste management company has been fined after a young employee was run over by an excavator.

Farm XS (Northern) Limited, based in Barnard Castle, was sentenced after an incident on 29 January 2024 that left the 24-year-old with serious injuries.

The employee was only in his second week of employment at the Staindrop Road site when he was struck from behind by an excavator and run over. He suffered fractures to both feet.

XS Farm excavators and waste pile

An investigation by the Health and Safety Executive (HSE) found that the company had failed to ensure a safe system of work was in place. The 24-year-old was working on a waste pile near moving vehicles with no physical separation between them. There was no risk assessment or system of work to protect pedestrians from vehicle movements.

HSE guidance clearly states that pedestrians and vehicles should be segregated when waste is being manually sorted. By law, employers must ensure traffic routes can be used without risking the safety of workers nearby. Guidance is available at hse.gov.uk – Transport movements – HSE

XS Farm waste piles

The case against Farm XS (Northern) Limited, Shaw Bank, Staindrop Road, Barnard Castle, County Durham, DL12 8TD, was heard at Teesside Magistrates’ Court on Tuesday 5 August 2025. The company pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.It was fined £4,000 and ordered to pay £4,285 in costs.

After the hearing, HSE inspector Richard McMullen said:
“The outcome could have been much worse. But the failures that day meant a worker received serious injuries.

“This incident was easily avoidable by implementing control measures and safe practices to ensure that workers were not put at risk from moving vehicles, including clear segregation and safe refuges.

“This should be a reminder to the waste industry of the need to consider workplace transport risks and to introduce appropriate control measures to separate vehicles and pedestrians.”

This prosecution was brought by HSE enforcement lawyer Iain Jordan and paralegal officer Helen Jacob.

Further information:

  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: hse.gov.uk
  4. Guidance for working safely with vehicles can be found at: Workplace transport – HSE

Council fined after failures led to care home death

A local authority has been fined after the death of a patient who went missing from a care home on the Isle of Barra.

Western Isles Council pled guilty to a charge under the Health and Safety at Work Act following the death of a 69-year-old man at St Brendan’s Care Home in Castlebay.

Allan MacLeod, who had been diagnosed with Dementia, had been a resident at the home – one of five operated by the council throughout the Western Isles – for around six months at the time of his death. In the early hours of 9 March 2024, he had been able to leave his bedroom without the knowledge of staff and was only found around four hours after going missing. He died a short time later in hospital.

Mr MacLeod had been placed in the home in October 2023 to allow him to be nearer a relative who stayed on Barra. In his first month at the home, staff observed him and determined patterns in his behaviour and how they could best assist him. He was able to go on regular road trips around the island with his family.

On 8 March, having been settled in bed around 9pm, hourly checks were carried out to ensure his wellbeing, but at 2am on 9 March, his bed was unoccupied, and he could not be accounted for after a search of the home.

To avoid being observed by staff, he had exited the home via the only door that was not alarmed and was ten metres from his bedroom. Police Scotland were alerted and a search initiated.

Local Coastguard, RNLI and firefighters were called out to assist in the search and at around 6am, the Coastguard helicopter detected a heat signature near the home on the patio of a residential property.

Mr MacLeod was found with facial injuries consistent with falling. He was transferred to hospital, but despite the efforts of medical staff, he died an hour later.

An investigation by the Health and Safety Executive (HSE) determined that he had made several previous attempts to leave the home. Any measures that staff had taken to mitigate this, by fitting an electronic tag to his clothing that indicated his whereabouts had been defeated by Mr Macleod having removed it.

A risk assessment carried out in December 2023 indicated that Mr MacLeod would remove a tag if he located it, therefore staff required to be vigilant to this behaviour. It was only after his death that the home introduced a regime of half hourly checks on residents. Arrangements had already been made to install keypad entry systems on all doors, but this work had not been completed before Mr MacLeod’s death.

Western Isles Council, of Sandwick Road, Stornoway, pleaded guilty to breaching Sections 31 and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974. The council was fined £80,000 at Lochmaddy Sheriff Court on 6 August 2025.

HSE inspector Ashley Fallis said: “This was a tragic and preventable death.

“The council should have made sure the home had stronger measures in place with Mr MacLeod’s risks already known and assessed.

“Although changes have since been made, they came too late to prevent his death.”

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  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 does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in Scotland can be found here.

Manchester firm fined after workers exposed to asbestos risks

A Manchester-based construction company has been fined after workers were put at risk of exposure to asbestos.

A1 Property Maintenance Management Limited was acting as the principal contractor during work at the former Unicorn Public House on Liverpool Road, Eccles, Greater Manchester.

The Unicorn Pub

During a routine inspection to the site on 16 May 2022, a Health and Safety Executive (HSE) inspector discovered that 12 square metres of asbestos insulating board (AIB) had been present in a dumb waiter lift shaft – but had already been illegally removed by unknown individuals.  This led to the inspector issuing a prohibition notice stopping all work on site until an asbestos survey had been completed.

Previously, after noticing the pub door had been broken into, a site worker had entered the building, where they discovered what appeared to be asbestos debris in the area around the lift shaft. The debris was later wrapped and removed by a licensed asbestos removal contractor.

However, A1 Property Maintenance Management Limited failed to carry out a full asbestos survey to confirm that all asbestos-containing materials had been removed before allowing further construction work to take place.

Property demolition site of former pub

HSE’s has two campaigns “Asbestos and You” and “Asbestos Your Duty” reminding tradespeople about the dangers of asbestos and the importance of working safely with it, also to reach those responsible for the maintenance and repair of non-domestic buildings.

The regulator also provides comprehensive guidance for workers and employers about working safely with asbestos on its website. This includes information on how to identify asbestos, what to do if you find it, and the appropriate safety measures needed when working with or around asbestos-containing materials. Workers in trades such as construction, maintenance, demolition and installation are particularly at risk and should ensure they have appropriate training before starting work that might disturb asbestos.

The company pleaded guilty to breaching Regulation 4(6) of The Control of Asbestos Regulations 2012. It was fined £5,360 and ordered to pay £5,117 in costs at a hearing at Tameside Magistrates’ Court on 30 July 2025.

Speaking after the hearing, a HSE spokesperson said:
“This was a serious incident and put those working in the building at risk of being exposed to the harmful effects of asbestos.
“Duty holders are reminded of the need to review without delay an asbestos assessment if there has been a significant change in the premises to which the assessment relates.”

The prosecution was supported by HSE enforcement lawyer Sam Crockett and paralegal Hannah Snelling.

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  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 does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.
  5. HSE Asbestos guidance can be found here.

Sole trader fined after worker suffered serious injuries

A worker suffered serious injuries after falling from a flat roof that did not have any edge protection.

A sole trader has been fined following a prosecution by the Health and Safety Executive (HSE).

It was the second time Gary Smith, trading as GJ Smith Roofing, had failed to provide edge protection on a job, with HSE previously taking enforcement action against him.

Smith pleaded guilty following the incident on 15 December 2022, when a team of roofers and labourers were working on his behalf, replacing a flat roof on a house in the Luton area.

A worker suffered serious injuries after falling from a flat roof that did not have any edge protection

At around 11am, one of the workers was carrying large wooden boards across the roof, when he inadvertently stepped off the edge of the roof falling a distance of about 10 feet. He suffered a fractured vertebrate in his back and a broken ankle.

Working at height remains one of the leading causes of workplace injury and death and HSE has detailed guidance on working safely at height.

The HSE investigation found the task had not been properly risk assessed and planned which meant that edge protection around the flat roof had not been put in place, despite it being reasonably practicable to do so.  Following HSE intervention, edge protection was installed before work re-commenced.

Gary Smith of Watling Street, Dunstable, pleaded guilty to a breach of Regulation 4(1) of the Work At Height Regulations 2005.  He was fined £2,125 and ordered to pay costs of £5,445 at a hearing at Luton & South Bedfordshire Magistrates’ Court on 29 July 2025.

Speaking after the hearing, HSE inspector Tim Nicholson said: “Clearly Mr Smith hadn’t learnt from his previous failures.

“Sadly, this latest offence resulted in a man being seriously injured.

“What makes this incident even more frustrating is the fact it could so easily have been avoided by properly planning the task and ensuring that suitable edge protection had been put in place prior to work starting.”

This HSE prosecution was brought by enforcement lawyer Julian White and paralegal officer Helen Hugo.

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  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 does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.
  5. HSE guidance about working safely on roofs is available.

Glasgow care home provider fined after death of patient

A care home provider has been fined more than £50,000 after an elderly patient died in the early hours of Boxing Day in 2022.

Hugh Kearins, 77, had managed to leave the Chester Park Care Home in Glasgow via a series of stairways and fire doors. An inspector from the Health and Safety Executive (HSE) counted 320 steps from Mr Kearins’ room to the care home’s car park just off Lambhill Street, where his body was found at around 7am.

Mr Kearins, who had dementia, had been living in a room within the Clyde Unit of the home since 2012. As part of its investigation, HSE made enquiries regarding the use of an internal fire door and was unable to obtain corroborated evidence of who was last to use the door prior to Mr Kearins, who is thought to have exited through it just before 1am. The same door was closed about an hour later by an unknown member of staff carrying out routine checks.

 

A HSE inspector counted 320 steps from Mr Kearins’ room to where his body was found

It was confirmed by the care home manager that once the door was noted to be insecure, the member of staff should have initiated a head count of all of the residents to ensure their safety. However, this was not carried out.

The HSE investigation found the company had failed to have a safe system of work in place. Records held by the company in relation to Mr Kearins, extensively noted the clear risk that he might abscond or ‘wander’. It was part of his care plan that he be checked or monitored every hour.

HSE guidance states that the security of doors and gates should be considered where assessment identifies that specific residents leaving the premises will present a significant risk to their safety. It adds that in some instances it may be appropriate to consider devices that alert staff of their location and whether they are at risk of harm.

He managed to leave the building through a fire door

A senior care assistant and a care assistant who had responsibility for Mr Kearins’ care were also found to have falsified records, stating that they had performed tasks involving him at a time when he was in fact no longer in the home. Both were unaware he was no longer in his room until news of his death became known following the discovery of his body in the car park.

The red cross indicates where Mr Kearins’ exited the home, with the white cross showing where his body was found the next morning

The management failures in respect of the alarm door reactivation were not causative of Mr Kearins’ death and would likely not have even come to light but for four individual errors:

Oakminster Healthcare Limited, of Lambhill Street, Glasgow, pleaded guilty to breaching Sections 3(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974. The company was fined £53,750.

HM Inspector Amna Shah said: “This incident was completely avoidable.

“It is hugely concerning that a vulnerable man was able to walk so far and through so many doors without being noticed.

“We counted he had walked more than 300 steps.

“The fact this incident happened at Christmas time makes it all the more tragic.

“We will always take action against those who fail in their responsibilities.”

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  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 does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in Scotland can be found here.
  5. HSE guidance about health and safety in care homes is available.
  6. Both carers were subsequently dismissed from their employment following disciplinary interviews a few days later. They are now subject to investigation by the Scottish Social Services Council.

TATA Steel fined £1.5 million after father-of-three crushed to death at Port Talbot plant

Tata Steel has been fined £1.5 million following the death of a contractor at its Port Talbot steelworks plant.

Justin Day’s family learnt of his death while they were waiting for him at his youngest son’s school rugby match.

Justin and Zoe Day

The much-loved father-of-three and grandfather was working at the steel manufacturer’s site in South Wales when he was crushed to death by a piece of machinery on 25 September 2019.

Maintenance work to replace a lift cylinder on a large conveyor system had been completed earlier that day, and the system was in the process of being put back into service when a hydraulic leak was found. A radio call was sent out for Justin, 44, to resolve the issue at about 2pm.

Although power was isolated to part of the system, other sections remained live. As staff worked on the lower level to fix the leak, Justin returned to the floor above and climbed into the conveyor system. His presence triggered sensors that activated a moving beam in a live section, fatally injuring him. He was sadly pronounced dead at the scene.

Tata Steel failed to ensure the conveyor system was properly isolated and guarded. The company did not take sufficient steps to manage the safety of the ongoing work.

The Health and Safety Executive (HSE) investigated Justin’s death and brought a prosecution against Tata for what an inspector described as “basic” health and safety failures.

At the time Tata’s Port Talbot plant was the largest steelworks in the UK. Earlier this month, construction started on Tata’s electric arc furnace (EAF) at the same site.

Justin Day’s family had been waiting for him at the rugby field that afternoon, ready to watch his youngest son play in a school match. But instead, they received a devastating phone call telling them he had been involved in an accident. Just an hour later, they learned he had been killed.

Zoe and Justin’s two boys playing rugby. Right: Korey, Justin’s eldest son Left: Kaylan, Justin’s youngest son

Justin would have turned 50 this year. His wife Zoe Day said rugby was his passion, and that when his sons played, he was their “biggest fan”. She “never imagined” to be given the news of the incident while waiting for him to arrive pitch side.

“Since losing Justin I am not the same person I was,” she said. “I have struggled since that day – mentally, I am lost and don’t know where I’m going with life. It’s shattered my whole world.

“We were together for 23 years and did everything together. I can’t put into words how much this has affected me. I am a shadow of my former self and from the day of the incident, my world fell apart.”

The HSE investigation into the incident found Tata Steel failed to ensure the work to replace the lift cylinder was done safely. After the job was completed, the company also failed to properly isolate the conveyor system before Justin returned to address the leak.

Tata Steel also failed to ensure the conveyor system was effectively guarded to prevent access to dangerous moving parts of the machinery.

Tata Steel (UK) Ltd, of Grosvenor Place, London, pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £1.5 million and ordered to pay £26,318.67 in costs at Swansea Crown Court on 31st July 2025.

HSE inspector Gethyn Jones said: “Justin Day’s death could so easily have been prevented. A much-loved family man is not here because of failures in health and safety basics.

“Employers have a responsibility to make sure sufficient procedures are in place to protect workers – both employees and contractors – and that those procedures are understood and followed.

“The dangers of moving machinery are well known. Sufficient risk assessments must be carried out and access to dangerous areas must be properly guarded and controlled.

“This has been a long and thorough investigation, and we believe this is the right outcome. It is clear that Justin’s death has had a devastating impact on his family, his friends and the wider community. Our thoughts remain with them.”

HSE guidance on the safe use of work equipment is available on our website: Safe use of work equipment – HSE

This prosecution was brought by senior enforcement lawyer Jon Mack at HSE.

Notes to Editors

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places and helping everyone lead safer and healthier lives.
  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 does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.
  5. Prosecution counsel, Nuhu Gobir, told the court that Tata Steel UK has 10 previous convictions for 17 health and safety offences.

Company fined after man seriously injured during home extension work

A Herefordshire-based conservatory manufacturer and installation company has been fined £40,000 after an employee fell through the roof of a first-floor orangery home extension.

Leslie Baker was one of several employees of Atrium Conservatories Limited, working to install an orangery extension covering the footprint of a former first-floor balcony at a house in Abberley, Worcestershire on 9 February 2024.

While working on the roof trusses, Mr Baker, who was 56 at the time, stepped onto an unguarded opening for a future skylight, resulting in him falling approximately two metres to the floor below. He sustained a serious head injury, several broken ribs, a ruptured spleen and kidney damage. He remained intubated in hospital for approximately two weeks before surgery could be attempted.

Mr Baker fell from height while working on installing an orangery

The long term impact on Mr Baker has been profound both physically, as his mobility has been affected long term, and mentally as he has since been diagnosed with PTSD.

An investigation by the Health and Safety Executive (HSE) found that no external scaffold had been put into place around the perimeter of the extension to provide safe access or prevent falls to the ground below. Additionally, there were no measures in place internally to prevent falls into the extension.

Working at height remains one of the leading causes of workplace injury and death and HSE has detailed guidance on working safely at height and managing construction activities.

The HSE investigation also found that Atrium Conservatories Limited had failed to properly plan the work and to provide its workers with suitable instructions for carrying out their duties safely.

Atrium Conservatories Limited of Kington, Herefordshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974. They were fined £40,000 and ordered to pay £5,309 in costs at a hearing at Kidderminster Magistrates’ Court on 26 June 2025.

HSE Inspector Jo Quigley said “Working at height remains one of the leading causes of workplace injury and death.

“This incident could have easily had fatal consequence and it highlights the importance of undertaking a thorough assessment of the risks for all work at height activities. Suitable control measures, such as internal crash deck, should also be implemented to minimise the risk of serious personal injury.

“Every company that carries out building alterations must understand they are undertaking construction work; and therefore ensure they put in place suitable control and management measures throughout the duration of the work to the same standards as the wider construction industry.”

This prosecution was brought by HSE enforcement lawyer Julian White and paralegal officer Rebecca Withell.

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  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 does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.
  5. HSE guidance on working safely at height is available.

Airport fined for failures that led to a man’s death

An airport company has been fined £144,050 for failures that led to the tragic death of a 59-year-old man.

Glasgow Prestwick Airport Limited pled guilty to a breach of health and safety legislation at Ayr Sheriff Court after Joseph Dempsey, an experienced member of the ground handling team, died when a corroded guardrail gave way and he fell to the tarmac below.

The procurator fiscal told the court the fatal incident happened at Prestwick Airport on Wednesday 11 January 2023.

Screenshot of CCTV footage captured by an airport camera overlooking the apron, showing the incident platform loader in situ, at the open door of the rear (right) aircraft cargo hold

The prosecutor described how Mr Dempsey was preparing to unload cargo from an aircraft using a pallet loader. He had positioned the loader and was repositioning a guardrail when it suddenly gave way and Mr Dempsey fell to the tarmac, about 10 feet below.

Mr Dempsey’s colleagues immediately went to his assistance and paramedics attempted CPR and advanced life support. These efforts proved unsuccessful and he was pronounced dead at the scene.

The Health and Safety Executive investigation found that one of the guardrail posts had completely fractured. There were visible signs of significant corrosion, discolouration and flaking white paint around the area.

Close-up view

Metallurgical examination of the guardrail posts found differences in chemical composition, manufacturing, and wall thickness which indicated the posts were manufactured from two different tubing sections.

These welded sections were not a feature of the manufacture’s original design and appear to have been modified while the loader was under the ownership of Prestwick Airport. The welds on both the guardrail posts contained defects which would allow moisture in, creating a corrosive environment and speeding up deterioration.

There was no record of any modification or repair to the loader guardrail involving welding and the maintenance programme in place at the time did not cover the parts of the guardrail where failure or deterioration could lead to health and safety risks.

The charge libelled by the Procurator Fiscal and accepted by the company is that they failed to ensure that the pallet loader was maintained and in good repair.

They failed to have in place a suitable and adequate maintenance and inspection programme to identify deterioration of and corrosion to the safety guardrails fitted to the container loader.

As a consequence of Prestwick Airports failure, Joseph Dempsey fell from the platform when part of a safety guardrail gave way due to corrosion and sustained severe injuries from which he died.

Diagram of the front of the loader. The area circled shows the front guardrail which failed (not in extended position)

Since the incident, Prestwick Airport has undertaken a review of all work at height.

Checks of the guardrails on the platform loaders have been added to the list of checks conducted during the annual service and inspection schedule and the failed guardrail was replaced by a new rail from the manufacturer.

Graeme McMinn HM Principal Inspector of Health and Safety added:

“Employers have an absolute legal duty to ensure that equipment they use at work is maintained in an efficient state and in good repair and full working order.

“This incident is a tragic reminder of what can result when that does not happen.”

Glasgow Prestwick Airport Limited pled guilty to a charge contrary to Regulations 5(1) of the Provision and Use of Work Equipment Regulations1998 and Section 33 (1)(c) of the Health and Safety at Work etc. Act 1974 at Ayr Sheriff Court on 25 June 2025. The company was fined £134,000 with a Victim Surcharge of £10,050.

Speaking after the sentencing, Debbie Carroll, who leads on health and safety investigations for the COPFS, said:

“Joseph Dempsey lost his life in circumstances which could have been avoided if Prestwick Airport had in place a suitable and adequate maintenance and inspection programme to ensure the equipment he was using was in a good state of repair.

“This prosecution should remind duty holders that a failure to fulfil their obligations can have fatal consequences and they will be held accountable for this failure.”

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  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 does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in Scotland can be found here.

Grocery wholesaler fined £1 million after worker killed by reversing HGV

A London-based grocery supplier has been fined £1 million after a worker was killed by a reversing HGV during a delivery in Manchester.

Lee Warburton, 53, a father of three from Stockport, was employed by Bestway Northern Limited, a wholesale supplier serving independent supermarkets across Britain, when the incident occurred.

On 19 February 2019, Mr Warburton and a colleague were making a delivery to a store in central Manchester. He was acting as a banksman, directing his colleague who was reversing the HGV. While attempting to guide the vehicle into the unloading area, Mr Warburton became trapped between the vehicle and a wall. He sustained fatal crush injuries.

Lee Warburton

Lee Warburton’s partner, Hayley Tomlinson, described the day he died as the worst of her life. “To be taken in such a cruel manner made it even harder,” she said. “Knowing the pain and fear Lee must have gone through was unbearable. But nothing compares to the moment I had to tell our children their daddy was never coming home.”

She spoke of the long-term impact on their daughters, who were just nine and ten at the time. Both have suffered serious mental health challenges, including depression, bullying and social isolation. “It broke my children’s spirits; they lost the sparkle in their eyes,” she said. “Lee was their hero.”

“My children will miss out on all the milestones Lee should have been here for – walking them down the aisle, meeting their first child. They miss the cuddles, the love he showed them, the days out. This has changed our lives forever.”

A Health and Safety Executive (HSE) investigation found that Bestway Northern Limited, of Abbey Road, Park Royal, London, had failed to implement a safe system of work for vehicle movements. The company also failed to adequately assess the risks involved in the task or provide sufficient training for employees acting as banksmen.

Reversing HGV

HSE provides free guidance to employers at hse.gov.uk including specific guidance on workplace transport and reversing – Reversing – HSE.

Bestway Northern Limited pleaded guilty to breaching regulation 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £1 million and ordered to pay full prosecution costs of £11,950.07 at a hearing at Manchester Magistrates’ Court on Friday 18 July 2025.

After the hearing, HSE inspector Jane Carroll said:

“The company had failed to implement a safe system of work for its delivery and unloading activities, thereby exposing employees and others to the risk of being struck or caught by workplace vehicles.

“Nearly a quarter of all deaths involving workplace transport occur during reversing, most of which can be avoided by taking simple precautions.

“All work settings involving vehicles need to consider the risks arising from their use and implement adequate measures to ensure the safety of those involved in these activities.”

The prosecution was supported by HSE enforcement lawyer Chloe Ward and paralegal officer Rebecca Whithell.

 

Further information:

  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: hse.gov.uk
  4. Guidance for working safely with vehicles can be found at: Workplace transport – HSE