- 25-year-old man crushed while repairing excavator bucket
- HSE investigation of incident also uncovered failure to control exposure to welding fume
A company in Northumberland that manufactures earth moving attachments, such as excavator buckets, has been fined a six-figure sum after a man was crushed during repair works.
The 25-year-old suffered multiple fractures when he was crushed by an excavator bucket as he carried out repairs to it on 10 November 2023.
When inspectors from the Health and Safety Executive (HSE) carried out an investigation into the incident, they also identified failures in respect of how welding fume was being controlled during welding and burning activities.
The man had been working for Miller UK Ltd at a site in Cramlington when the incident happened. The work involved removing worn pieces of steel from the excavator bucket. As the man was working within the mouth of the bucket, its structural integrity failed and the bucket collapsed onto him. He became trapped inside and it was only when two colleagues attached an overhead crane and lifted the bucket sufficiently that he was able to crawl free.
He sustained eight fractured ribs, two fractured knees, two fractured vertebrae and a bruised left lung.
The HSE investigation also found Miller UK Ltd had failed to undertake a suitable and sufficient risk assessment of the repair work leading to the bucket collapse, and had failed provide a safe system of work and adequate instruction to its employees.
It was during a subsequent inspection by the HSE that inspectors observed workers using plasma cutters and welding equipment without suitable control measures to adequately control the risk of exposure to welding fume, a hazardous substance that can cause cancer.
HSE investigators also identified that the company had failed to conduct a suitable and sufficient assessment of the risks associated with exposure to welding fume in its repair department. The company subsequently failed to implement and monitor measures required to reduce exposure to welding fume to as a level as low as reasonable practicable, including use of local exhaust ventilation.
Miller UK Ltd, of Cramlington, Northumberland, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 and Regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002. The company was fined a total of £173,334 and ordered to pay £8,674 in costs at North Tyneside Magistrates Court on 2 October 2026.
HSE inspector Matthew Dundas said:
“Our investigation identified that the repair work taking place was not being done safely and it left the man with serious injuries.
“Had the company identified the risk and ensured its employees were adequately instructed and trained, this incident would not have happened.
“This was an unusual case as the investigation was initiated following an incident where a young man was very seriously injured, however the subsequent intervention discovered additional failings, which led to further charges.
“As a result of the investigation, it was identified that other workers were not being adequately protected from the risks of welding fume.
“I hope this case highlights that HSE can and will take action when duty holders fail to discharge their health and safety obligations.”
This HSE prosecution was brought by HSE enforcement lawyer Iain Jordan and paralegal officer Zara Salman.
Further information:
- 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.
- More information about the legislation referred to in this case is available.
- Further details on the latest HSE news releases is available.
- 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.