Workers scrambled up the rungs of an unsafe scaffold to work at a block of flats in Merseyside.

The company in question, A.I.M Access Solutions Ltd has been fined £30,000 for its failure to assemble safe scaffolding following an investigation by the Health and Safety Executive (HSE).

In May 2021, the workplace regulator identified serious issues with the construction of the scaffold and  the assembly instructions  had not been followed while the scaffold tower was being built on Rice Hey Road. No ladder was used access the scaffold. Instead, workers climbed the rungs of the scaffold itself  as opposed to a proprietary ladder.

HSE has well established guidance on tower scaffolds. Many people are injured each year when they fall from towers or when the tower overturns. The incidents that occur are mainly caused by:

• Defects in the erected scaffold – where the tower structure is incorrectly assembled or where a platform guardrail is missing.
• Erection and dismantling – The manufacturer, supplier or hirer has a duty to provide an instruction manual explaining the erection sequence, including any bracing requirements and the height to which the tower can be erected safely. This information must be passed on to the person erecting the tower.

The HSE investigation was prompted after the regulator was notified of the death of A.I.M Access Solutions Ltd employee Robert Duffy.

The 45-year-old passed away in hospital on 23 May 2021, three days after sustaining serious injuries while working at the site on Rice Hey Road.

The prosecution of A.I.M Access Solutions Ltd, of Manorside Gores Road, Knowsley Industrial Park, Kirkby, was not brought on the grounds that the incident was causative of Mr Duffy’s death.

The firm pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. It was fined £30,800 and ordered to pay £5,040.75 in costs at Wirral Magistrates’ Court on 27 February 2025.

HSE inspector Sam Eves said: “A.I.M Access Solutions Ltd did not ensure the tower scaffold was constructed correctly. The company failed to provide a safe way to get to and from the work platform, for example using an appropriately designed internal ladder.

“Companies should follow HSE guidance to ensure they effectively plan, manage and monitor similar construction work and reduce the risks to their employees.”

This prosecution was brought by HSE senior enforcement lawyer Daniel Poole and supported by HSE paralegal officer Helen Hugo.

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 in England and Wales can be found here and for those in Scotland here.

A worker who repaired potholes was diagnosed with Hand Arm Vibration Syndrome (HAVS), an occupational disease, following repeated exposure to vibration tools.

This week, his employer, Rotherham Metropolitan Borough Council has been fined following a prosecution by the Health and Safety Executive (HSE).

Sheffield Magistrates’ Court heard the employee worked in the road maintenance department, carrying out tasks including repairing potholes, for more than 20 years, using vibrating tools.

Prolonged and regular exposure to vibration can affect a worker’s health resulting in painful and disabling disorders of the nerves, blood supply, joints and muscles of the hands and arms. These disorders are collectively known as Hand-Arm Vibration Syndrome (HAVS). The risk of onset or worsening of HAVS increases with daily exposure and varies widely between individuals. HSE guidance can be found here.

Employers are legally obliged to report cases of HAVS to HSE. The HSE investigation revealed that despite the worker in question receiving this diagnosis in April 2005, he continued to work with vibrating tools for a further 14 years.

The employee had been subject to regular health surveillance whilst employed by the Council, which had included recommendations on limiting exposure. However despite the report of April 2019, little action was taken to address the issues identified. Only once the HSE investigation had started in late 2019 was the man told to stop using vibrating tools.

The investigation also found that other employees continued to work with vibrating tools after they had been diagnosed.

While a system of Occupational Health surveillance was in place, it was inadequate as there was either no implementation, or inconsistent implementation, of the recommendations and actions to be taken. Recommendations following health surveillance of employees wasn’t acted upon or used to identify risks.

The investigation found that the data used to calculate the vibration exposure grossly underestimated the vibration magnitude of the tools in use, and also relied upon accurate times being entered by staff.  Workers were incentivised to continue using vibrating tools through a bonus scheme and overtime work which inevitably led to high levels of exposure. Workers were allowed to work up to the recommended Exposure Limit value (ELV), and in light of the inaccurate data inevitably worked beyond it on a regular basis.  They were then only moved to other tasks when their health deteriorated.

Rotherham Metropolitan Borough Council pleaded guilty to an offence contrary to Section 33(1)(a) of the Health and Safety at Work etc Act 1974, for their failure to ensure, so far as was reasonably practicable, the health, safety and welfare at work of their employees in accordance with section 2(1) of the Act. On Tuesday 17 December, the Council was fined £60,000 and ordered to pay full costs of £5,775.70.

Following the hearing Kate Harney, enforcement lawyer for HSE said: “Rotherham Council had been exposing employees to the risks arising from the use of vibrating tools for a significant period of time. They fell below expected standards and appropriate enforcement was taken by the HSE.

“This was also not an isolated incident, with other staff working in the council’s road maintenance division also exposed to risks to their health, due to an unhealthy working culture where these exposures inadequately monitored.

“We urge those responsible for work using vibration tools to please check our freely available guidance.”

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. HAVS is an occupational disease reportable under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

The Health and Safety Executive (HSE) has on, Thursday 3 October, issued the Ministry of Defence (MoD) with a Crown Censure following the death of a reservist soldier in Yorkshire.

Staff Sergeant John McKelvie of Drongan in Ayr, was killed after the Jackal vehicle he was driving rolled multiple times down a steep hill at Catterick Training Area on 29 January 2019.

At the time of the incident, the 51-year-old had been taking part in Jackal driver training with five other Army reservists. The off-road aspect of the training included a number of ascents and descents of steep inclines either side of a valley on land known as ‘The Land of Nod’. It was when attempting one of these ascents that the Jackal lost traction and rolled backwards, throwing one of the course leaders from the vehicle as it did so. Staff Sergeant McKelvie remained in the vehicle suffering serious injuries as it rolled. Despite being airlifted to hospital, he died six days later.

John’s sister Jacqueline Welsh (pictured below), provided a statement on behalf of the family, which said:

“John was a very outgoing person who loved spending time with his family.

“He was always there for you whenever you needed him.

“He loved his motorbike, and he loved sport and the outdoors. He was full of action!”

An investigation by the HSE identified that the training course involved hazardous activities, which gave rise to the potential for the vehicle to roll. This meant those taking part in the training were exposed to risk – however, that did not mean the activity itself should not have taken place. There were other steps that should have been taken to control the dangers with driving the vehicles, however these were not undertaken.

It also found a failure in oversight, meaning the course programme devised progressed too quickly and prevented trainees from developing the necessary expertise and skills before attempting more challenging obstacles on the off-road element of the course.

The risk assessments were not suitable and sufficient, and despite numerous previous ‘rollover events’, the Army failed to foresee what could go wrong.

The investigation also found that standing orders and directions had not been properly followed.

HSE inspector Mark Slater said: “All training, including that which is required to be as realistic as possible, should be planned, risk assessed and executed in such a manner that it does not endanger those who are involved.

“Had the systems implemented by the Army been more robust, Sergeant McKelvie would probably still be alive today.”

This HSE Crown Censure was brought by HSE enforcement lawyer Nathan Cook and supported by HSE paralegal officer Rebecca Forman.

Notes to Editors:

1. The Health and safety Executive (HSE) is Britain’s national regulator for workplace health and safety. hse.gov.uk
2. The MoD cannot face prosecution in the same way as non-Government bodies and a Crown Censure is the maximum sanction for a government body that HSE can bring. There is no financial penalty associated with Crown Censure, but once accepted is an official record of a failing to meet the standards set out in law.
3. More information on Crown Censures can be found here: http://www.hse.gov.uk/enforce/enforcementguide/investigation/approving-enforcement.htm ^[1]
4. The Code for Crown Prosecutors ^[2] sets out the principles for prosecutors to follow when they make enforcement decisions. HSE’s approach to Crown Censure is set out in its enforcement policy statement^[3].
5. Following investigations by North Yorkshire Police and the Royal Military Police, the Health and Safety Executive (HSE) was handed primacy of the investigation in December 2020.
6. The Crown Censure was issued on 3 October 2024 during a meeting held at the Army HQ in Andover. General Sir Roly Walker formally accepted the Crown Censure from HSE on behalf of MoD (Army) and acknowledged the offences and deficiencies that led to the death of Staff Sergeant McKelvie.

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 plant hire company has been fined for leaving workers at risk of a fall from height and failing to provide minimum welfare facilities.

Blackpool Magistrates’ Court heard how, on 17 November 2020, Ruttle Plant (Birmingham) Ltd was in the process of building a new aggregate recycling facility at their site at Common Bank Lane, Chorley. Part of the work included the provision of cladding to the roof, which was carried out using a cherry picker. However, as some areas of the roof were difficult to reach, employees had to step onto the roof where no edge protection had been provided, putting them at risk of a 30ft fall. In addition, workers had been on site for some considerable time without the minimum required welfare facilities being available. This included facilities for hand washing during the height of the Covid pandemic.

An investigation by the Health and Safety Executive (HSE) found that the workers had been left unsupervised by site management, there had been no method statement to follow when they climbed onto the roof and there were no preventative measures in place to prevent the risk of a fall from height. Workers were also expected to drive to the company’s head office along an unadopted roadway more than five minutes’ drive away to use the toilet, despite there being ample room on the site for facilities.

Ruttle Plant Hire (Birmingham) Ltd of Lancaster House, Ackhurst Road, Chorley, Lancashire pleaded guilty to breaches of Regulation 13(4)(c) of the Construction (Design and Management) Regulations 2015, and Regulation 4(1) of The Work at Height Regulations 2005. The company was fined £66,667 and ordered to pay costs of £1,847.

Speaking after the hearing, HSE inspector Christine McGlynn said: “Had a worker fallen off the roof edge, it could have been fatal. Employers should ensure that workers are not left to carry out high risk roof work without supervision.

“Work at height and roof work should only be carried out by trained workers, who are being robustly monitored, following proper planning, risk assessment and using suitable equipment. The minimum standards for welfare must also be met.”

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. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: Construction- Roof work industry health and safety 
3. HSE news releases are available at http://press.hse.gov.uk

A Lincolnshire-based food manufacturer has been fined after one of its employees sustained two broken ribs having been crushed within an industrial cooking machine whilst working to clear a blocked water inlet.

Lincoln Magistrates’ Court heard how the employee was crushed in the machine after its safety systems were over-ridden and the machine worked on whilst it was live. It should have been isolated before work on it began.

An investigation carried out by the Health and Safety Executive (HSE) found that the task was carried out by the employees in this fashion on a regular basis and that the company should have been aware .  No risk assessment of the task had been completed and employees had not been provided with a safe system of work to carry it out.  The lack of a safe system of work for the task and the company’s failure to monitor how the work was done, led employees to devise their own way of conducting the procedure which included  over-riding the safety systems and using unsafe working practices.

Bakkavor Fresh Cook Ltd of Sluice Road, Holbeach St Marks Spalding pleaded guilty of one breach of Section 2(1) of the Health and Safety at Work etc. Act 1974 and were fined £130,000 and ordered to pay costs of £2607.10.

At the end of the trial HSE inspector Tim Nicholson commented: “Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers.  If a suitable safe system of work had been in place prior to this incident, alongside good monitoring of the way the work was done, the injuries sustained by the employee could have been prevented.”

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. hse.gov.uk
2. More about the legislation referred to in this case can be found at: legislation.gov.uk
3. Information regarding how to safely carry out maintenance tasks can be found on the HSE website at hse.gov.uk/safemaintenance
4. HSE news releases are available at http://press.hse.gov.uk

A self-employed gas fitter from Burnley has received a 15-month community order after carrying out gas work without being Gas Safe registered.

Preston Crown Court heard that Adam Kilbride carried out work at two properties in Burnley in December 2018 and January 2019, whilst falsely claiming to be Gas Safe registered.

Following notification of installation defects by the occupiers of the properties, Gas Safe inspectors visited one of the properties and found the work to be of a poor standard. It was classed as ‘At Risk’ and ‘Not to Current Standards’

An investigation by the Health and Safety Executive (HSE) found Adam Kilbride was not a registered with Gas Safe Register and was also found to have falsely pretended to be Gas Safe Registered.

Adam Kilbride of Burnley pleaded guilty to breaches of Regulations 3(3), 26(1) and 3(7) of the Gas Safety (Installation and Use) Regulations 1998. He was sentenced to a 15-month community order and 100 hours of unpaid work . He was also ordered to pay £400 compensation to the homeowner and ordered to pay costs of £6000.

Speaking after the hearing, HSE inspector Caroline Shorrock said: “Adam Kilbride undertook gas work which he knew he was not registered to do.  All gas work must be done by registered Gas Safe engineers to ensure the highest standards are met in order to prevent injury and loss of life. Installers will be prosecuted if they carry out gas work without the proper qualifications. We would advise all householders to check that anyone they allow to work on the gas supply is gas safe registered. This can be done at the Gas Safe Register website”.

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. 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 http://press.hse.gov.uk

A yacht manufacturer has been sentenced after an employee was injured when his forklift truck overturned.

Plymouth Magistrates’ Court heard how on 3 August 2018, a 57-year-old employee of Princess Yachts Limited was injured whilst assisting the unloading of a delivery at the company’s Langage site. The victim was using a forklift truck in tandem with another driver to lift a large load from a flatbed lorry. Part of the load was lifted to allow the lorry to move forward, but in doing so another part of the load struck the mast of his forklift causing it to overturn. He sustained ligament and muscle damage to his ankle as a result of the incident and was off work for five months.
An investigation by the Health and Safety Executive (HSE) found that the lifting work had not been properly planned or risk assessed. The employees were not aware of relevant procedures and there were safer alternate methods available which had not been considered.

Princess Yachts Limited of Bush Park, Plymouth pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc. Act. The company was fined £200,000.00 and ordered to pay costs of £7,138.20.

Speaking after the hearing, HSE inspector Hatti Shipp said: “The risks associated with unloading vehicles should be recognised and controlled. Complex lifts including handling heavy or unusual loads require careful planning and additional considerations.

“This incident could have been avoided if appropriate safeguards had been put in place. Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

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. 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 http://press.hse.gov.uk

A North-East manufacturer of artificial trees, plants and flowers has been sentenced after an employee suffered serious injuries when he fell from height.

Newcastle Magistrates’ Court heard how a warehouse operative was gathering products from shelf racking. The products were stored in boxes, unwrapped on pallets up to four bays high. Access to the racking was gained by using a ladder and then either dropping the items or carrying them down to the ground. During this work, the operative slipped from the ladder and fell approximately five metres, striking his head on a pallet as he fell and sustaining a head injury.

An investigation by the Health and Safety Executive (HSE) found that Treelocate (Europe) Limited had failed to properly plan the work and had failed to ensure there was safe access to the area and that measures were taken to prevent and/or mitigate a fall from height.

Treelocate (Europe) Limited of Belford Industrial Estate, Belford, Northumberland, pleaded guilty to breaching Section 4(1) of the Work at Height Regulations 2005 and was fined £40,000 with £1,620.40 costs by Newcastle Magistrates Court.

After the hearing, HSE inspector Phil Chester said: “Treelocate (Europe) Ltd failed to suitably plan and carry out work at height in its warehouse to reduce the risk from working at height to as far as is reasonably practicable. Ladders should not just be the go-to piece of equipment for working at height and suitable planning should be done in order to remove the risk where possible.”

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice, promoting training; new or revised regulations and codes of practice, and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk
4. Further information about health and safety during working at height can be found at: https://www.hse.gov.uk/pubns/indg401.pdf

A company has been fined after a worker was fatally electrocuted whilst operating a lorry mounted crane.

Cardiff Crown Court heard how on 17 May 2016, ASL Access Scaffold Limited employee Martin Tilby was fatally electrocuted when the crane he was operating struck an overhead powerline whilst he was unloading materials in a field at Cowbridge, South Glamorgan.

An investigation by the Health and Safety Executive (HSE) found that no risk assessment had been carried out in the field where the incident happened, and no control measures were put in place to prevent contact with the overhead powerlines.

ASL Access Scaffold Limited of Bridgend Industrial Estate, Bridgend was found guilty of breaching Sections 2 (1) of the Health and Safety at Work Act 1974 and LOLER Regulation 8 (1). The company was fined £160,000 and ordered to pay costs of £45,000.

Speaking after the hearing, HSE inspector Damian Corbett said: “This death 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 striking overhead powerlines. This death would have been preventable had an effective system for managing unloading materials been in place.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We seek to 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 http://press.hse.gov.uk