A company has been fined after a man died while working inside an excavation at a construction site in Glasgow.

Derek Caddie lost his life when part of the excavation wall collapsed on 25 November 2019.

This led to the 44-year-old being trapped in soil from the neck down before being rescued by the emergency services. He died from his injuries in hospital three days later on 28 November.

Graeme McMinn, a principal inspector at the Health and Safety Executive (HSE), said: “This was a tragic and wholly avoidable accident, caused by the failure of Carrig Construction Services Limited to put in place measures to control the risk of the sides of the excavation collapsing.

“HSE provides freely available guidance on effective controls for working in excavations on the HSE website.”

Mr Caddie had entered the excavation with a colleague to repair damaged and leaking pipework, when the incident occurred. The colleague was left uninjured.

Carrig Construction Services Limited had been appointed as a contractor at the site on Belhaven Terrace West Lane where new houses were being built. Mr Caddie was working under the company’s control at the time of the incident.

An investigation by HSE found the collapse was caused by a lack of support to the vertical walls of the excavation. Carrig Construction Services Limited, a company that specialises in groundworks and drainage works, failed to identify the risks from working in the excavation and did not ensure there were practicable steps in place to ensure workers were protected while inside the excavation.

On top of this, none of the workers under the control of Carrig Construction Services Limited had any formal training on working within excavations and were unaware of the risks involved.

HSE guidance can be found at: Excavations – Construction Safety topics – HSE

Carrig Construction Services Limited, of Hunters Way, Lochwinnoch, Argyll, 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 at Glasgow Sheriff Court on 28 August 2024.

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

A body that manages a major forest in East Sussex has been fined after a husband and wife were struck by a tree, with the latter suffering a traumatic brain injury.

Caroline Leafe, 70, was walking along a deer track in Ashdown Forest with her husband, Kenneth, and their dog, Monty, when the pair were hit by a silver birch tree that was being felled on 25 January 2023.

The Conservators of Ashdown Forest, the body that manages Ashdown Forest, had identified that the 12-metre tree was rotting and needed to be cut down.

The tree was located in the corner of Broadstone Car Park on Colemans Hatch Road in Upper Hartfield, East Sussex and surrounded by public footpaths, including the main pathway to the visitor centre.

The tree began to fall after a forest ranger made a sink cut with a chainsaw. As it was falling, the ranger noticed Mr and Mrs Leafe walking on the nearby deer track and attempted to warn them but it was too late.

Mrs Leafe suffered a traumatic brain injury, a fractured collar bone, several fractured ribs and a shoulder dislocation. She spent considerable time in hospital following the incident and continues to undergo physical and cognitive therapy several months later. She also had to surrender her driving licence.

She said in a statement: “I have suffered a loss of independence and Ken has had to do a lot more support to me. I haven’t been able to drive for nearly a year. The head injuries included speech problems and emotional problems.

“There were school children at the forest when we were there and we are relieved that our accident didn’t happen to them. Ken and I hope an incident like this never happens again.”

Mr Leafe suffered cuts and bruising.

A Health and Safety Executive (HSE) investigation found The Conservators of Ashdown Forest failed to identify the risk to members of the public from tree felling. This meant precautions, such as posting warning signs and using barriers and banksmen, were not implemented to prevent members of the public from accessing areas where the tree felling was taking place.

The Conservators of Ashdown Forest pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The trust was fined £8,000 and ordered to pay £3,589.80 in costs at Brighton Magistrates’ Court on 12 August 2024.

HSE principal inspector Emma Stiles said: “Members of the public should be able to enjoy a walk in a forest without fear of being struck by a tree being felled. The guidance is clear on how to fell trees safely and this means keeping members of the public out of an area around the tree measuring two times the height of the tree.

“This can be achieved by various means including signs, barriers and banksmen. Given the high levels of public access around this tree, all of these precautions should have been taken.”

This prosecution was brought by HSE senior enforcement lawyer Nathan Cook 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 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.

A Manchester-based waste and recycling company has been fined more than £100,000 after an employee lost his leg after being struck by an excavator.

The 41-year-old man had been sorting refuse with two other colleagues at the Levenshulme site of Pink Skips (NW) Ltd on 5 October 2022 when the incident happened.

As the trio were working, a 360-excavator was being used to move waste in the same area. CCTV footage showed that the excavator was being used  close  to the workers on the ground.

As one of the men was standing behind the vehicle, it suddenly reversed, striking him, and running over his leg.

The injury was so severe that the leg had to be amputated above the knee. The Romanian father and grandfather has been left unable to work and still suffers from considerable pain.

An investigation by the Health and Safety Executive (HSE) found that Pink Skips (NW) Ltd of Printworks Lane, Manchester, had failed to adequately segregate pedestrians and vehicles for which detailed guidance is available.

The investigation also found that hand picking regularly occurred around the excavator operating. There was a written safe system of work which stated that operatives were not to work within the swing reach area of the excavator, that barriers should be placed between operatives and machines at all times, and that banksmen should be used. However, these precautions were not being used in practice. There was also no monitoring of the alleged systems in place, had there been, this would have highlighted that the control measures were not being used.

The company pleaded guilty to breaching regulation 2(1) of the Health and Safety at Work etc Act 1974. It was  fined £106,700 and ordered to pay £5,744 costs at a hearing at Manchester Magistrates’ Court on 7 August 2024.

The prosecution was brought by HSE enforcement lawyer Matthew Reynolds and paralegal officer Rebecca Withell.

After the hearing HSE inspector Lisa Bailey said: “The company failed to segregate pedestrians and vehicles or put in place a safe system of work for its hand sorting and picking activities, thereby exposing employees, to the risk of being struck by workplace vehicles.

“The injuries sustained here have been truly life-changing.”

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. Guidance for working safely with vehicles is available.

A logistics company has been fined £1 million after an employee fell over 10 metres and sustained serious injuries.

Christopher Hooper suffered fractures to his skull, back, pelvis, arm, wrist and ankle after falling 11 metres at DP World Southampton’s terminal on 20 September 2022.

The 31-year-old, from Winchester, had fallen through an open hole in the driver’s cab of a straddle carrier, landing on the concrete floor below.

The hole had been created by contractors that were replacing a glass floor, exposing Mr Hooper and other workers to the risk of falling from height.

Inspectors from the Health and Safety Executive (HSE) found Mr Hooper’s employer, Southampton Container Terminals Limited, trading as DP World Southampton, failed to ensure there was a safe system of work at its site on Western Avenue.

Mr Hooper, who had worked for Southampton Container Terminals Limited since he was 17, had been undertaking routine maintenance work and was unaware of the open hole before falling onto the floor.

The HSE investigation found Southampton Container Terminals Limited had failed to ensure there was a system of work that ensured the replacement of the glass floor and routine maintenance work could be carried out safely at the same time. The company also failed to ensure there was a risk assessment in place and failed to implement its own policy for the use of permits to work whilst working at height.

Mr Hooper, who was 29 at the time of the incident, said in his victim personal statement: “I feel like a puppet in my life who is being moved from therapy to therapy with no control over where I am going. It feels like my life is in a waiting room, early out of hospital I had closer milestones that felt achievable whereas now no one can tell me what I can do next and that is really impacting my day-to-day life as I don’t know what the rest of my life will look like.”

Southampton Container Terminals Limited, of Palace Street, Westminster, London pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £1 million and ordered to pay £11,664.59 in costs at Southampton Magistrates’ Court on 2 August 2024.

HSE inspector Francesca Arnold said: “This incident has resulted in severe life-changing injuries for Mr Hooper, who is lucky to be alive. His life has completely changed because of Southampton Container Terminals Limited’s failure to produce a suitable risk assessment and implement straightforward control measures.

“The hazards of working at height are well known and documented and this prosecution should now remind employers that a failure to manage and implement effective measures can have serious consequences and they will be held accountable for this failure. Information on working at height safely is freely available on HSE’s website.”

This prosecution was brought by HSE enforcement lawyer Andy Siddall 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 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.

Two companies have been fined after a father-of-three was crushed to death by a machine.

The Health and Safety Executive (HSE) investigation found the incident was entirely avoidable and Russell Hartley would still be alive had this work been planned, managed and monitored to a sufficient standard.

Mr Hartley, was a self-employed engineer from Sheffield who had been hired by Premier Engineering Projects Ltd to replace machinery at a materials recycling facility on Twelvetrees Crescent, Bow, London.

The 48-year-old led a group of four engineers tasked with replacing a Trisomat screen, known colloquially as a ‘flip-flop’, on 24 February 2020, when the incident occurred.

The flip-flop, a machine that sorts different sizes of waste, was fixed within a metal structure at height in a bay at the site.

The crane, supplied by M&M Mobile Crane Hire Ltd, was first used to lower the flip-flop from its position at the site.

Mr Hartley, who also had three grandchildren, then took over using a telehandler. With the flip-flop resting on the telehandler’s forks, the machine began to go further down the bay.

The flip-flop became jammed in the bay when Mr Hartley attempted to reverse the telehandler.

The crane was then used again to lift the flip-flop off the telehandler, which unknown to the workers, had its forks slightly raised above ground level.

As the crane moved towards the telehandler, the flip-flop toppled forwards off the forks and crushed Mr Hartley. Another worker, who was standing on the flip-flop at the time, was thrown off the machine but escaped serious injury.

The HSE investigation found that two contractors, Premier Engineering Projects Ltd and M&M Mobile Crane Hire Ltd, failed to ensure the safety of those involved in carrying out the replacement of the Trisomat screen. The work being undertaken was not properly planned, supervised or carried out safely, and the assessment of the risks arising from the work was both unsuitable and insufficient. Mr Hartley was working with nine other engineers, also hired by Premier Engineering Projects, as well as three workers from M&M Mobile Crane Hire Ltd at the site.

Mr Hartley’s wife, Debbie, said in her victim personal statement: “Russell was everything to us. He was funny and one of the nicest guys you could ever meet. Nothing was ever too much. If it needed doing, he got it done. He was a fantastic father and husband. He worshipped his grandkids and all his family.

“I feel like sometimes I am just waiting for him to come home. I can’t accept that he has gone as I couldn’t say goodbye. Nothing prepared me for that moment. I thought he would be here and live on forever.

“All he ever wanted was to keep his family happy and looked after and I will try to keep that dream alive.”

Premier Engineering Projects Ltd, of Industry Road, Carlton, Barnsley, South Yorkshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £28,000 and ordered to pay £9,277.48 in costs at the Old Bailey on 1 August 2024.

M&M Mobile Crane Hire Ltd, of David Road, Colnbrook, Slough, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £48,000 and ordered to pay £9,500 in costs at the Old Bailey on 1 August 2024.

HSE inspector Mark Slater, who investigated this incident alongside HSE inspector David Beaton, said: “Had this work been planned, managed and monitored to a sufficient standard, this incident was entirely avoidable and Mr Hartley’s family would still have him in their lives. Risks arising from the lifting and moving of equipment of this size and nature are entirely foreseeable, and work of this nature should be afforded the utmost respect and care.”

This prosecution was brought by HSE enforcement lawyer Kate Harney, who was supported by HSE enforcement lawyer James Towey and HSE paralegal officer David Shore.

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.

The Health and Safety Executive (HSE) is now leading the investigation into a ride malfunction at the Lambeth Country Show.

On 8 June 2024, four people were injured as a result of the incident which occurred at Brockwell Park in London.

The ride involved in this incident is now being forensically examined by specialists at HSE’s Buxton Science and Research Centre.

HSE inspector Stacey Gamwell said: “We will continue to thoroughly investigate what happened and determine whether there were any breaches of health and safety law at the time of this incident. Once we have finished our investigation, a decision will then be made on whether formal enforcement is required in line with our enforcement policy. We remain in contact with those affected by the ride’s malfunction and will keep them updated throughout our investigation.”

The Metropolitan Police had previously been the lead agency, with primacy officially signed over to HSE on 16 July.

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.

Britain’s offshore oil and gas installations are held to high regulatory standards, but human error can still lead to a major incident.

That’s the message from the Health and Safety Executive (HSE), who are urging offshore companies to take a closer look at what’s widely known in the sector as human factors.

HSE inspects human factors on offshore installations, with a particular focus on safety critical tasks.

Safety critical tasks have the potential to initiate or escalate a major accident on an installation.

HSE recently issued oil firm Apache with an enforcement notice after inspectors formed the opinion that the company failed to fully consider human factors as part of its plans to prevent a fire and explosion on its Forties Delta platform in the North Sea.

Mary Marshall, a principal specialist inspector at HSE, says it is necessary offshore firms like Apache identify safety critical tasks carried out on their offshore installations.

Mary said: “Offshore companies need to understand and evaluate where and how these safety critical tasks might be vulnerable to human error. Safety Critical Task Analysis (SCTA) is an established, structured process that will help companies demonstrate that these tasks can be carried out safely, reliably and that the risks are managed to as low as reasonably practicable. This will include consideration of the design of the equipment, details of the tasks and the factors which support task performance.”

HSE has noted a number of offshore firms have launched SCTA programmes with varying degrees of success.

Common failings that HSE has identified with these SCTA programmes include a lack of sustained commitment and progress with the work, and inconsistencies in the quality of assessments.

HSE’s inspection of its Forties Delta platform found the company had failed to take appropriate measures to prevent the uncontrolled release of flammable or explosive substances during main oil line pig launcher operations.

Apache currently has until 9 November to comply with the Improvement Notice. It has not appealed against the notice.

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. Further details on the latest HSE news releases is available.
3. The HSE Improvement Notice issued to Apache can be found here: Notices served – Enforcement notices public (hse.gov.uk)
4. Guidance for offshore companies on what to expect from a HSE inspection can be found here: The Offshore Management of Human Factors Inspection Guide (hse.gov.uk)

A recycling company has been fined after a man died and another was seriously injured while decommissioning a North Sea gas rig.

Stephen Picken, 62, and Mark Kumar were working for Veolia ES (UK) Limited at an onshore facility in Great Yarmouth.

Both men were working as demolition operatives also known as “Top Men”, undertaking the decommissioning and dismantlement of offshore structures.

On 17 October 2019, the two workers were removing an overhanging piece of metal pipework (known as a skirt pile), weighing in excess of 27 tonnes, from a jacket (a structure placed in the sea, designed to support oil and gas rig platforms), when it gave way. The pile struck the mobile elevating work platform (MEWP) containing the men, throwing them to the ground about 12 metres below.

Stephen Picken died at the scene and Mark Kumar suffered serious life-changing injuries.

An investigation by the Health and Safety Executive (HSE) identified serious failings with the planning and the risk assessment which did not adequately cover the planned works. Shortcomings in supervision of the incident were also identified. The company did not risk assess the skirt pile being removed as it was considered low risk. As a result there was no cutting plan or safe system of work for the skirt pile.

Demolition, dismantling and structural alteration work must be carefully planned and carried out – HSE has guidance on this.

Veolia ES (UK) Limited of Pentonville Road, London, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. At a sentencing hearing at Ipswich Crown Court, on 22 July 2024, the company was fined £3,000,000 and ordered to pay £60,000 in costs.

After the hearing, HSE inspector David King said: “This incident, in an emerging industry, highlights the level of controls required to safely demolish what are large, dangerous structures. Veolia did not meet these standards and tragically one life was lost, and another forever changed.

“The Health and Safety Executive’s mission is to protect people and places. Organisations that endanger their employees by failing to meet the required standards, should be aware that we will not hesitate to take appropriate enforcement action.”

This HSE prosecution was brought by HSE inspector Prentiss Clarke-Jones, HSE enforcement lawyer Samantha Tiger and supported by HSE paralegal officer David Shore.

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.

An engineering firm has been fined after an employee suffered a fractured skull, hip, jaw and pelvis, while working at a HS2 construction site in Hertfordshire.

The man, employed as a mechanical engineer by EMC Elite Engineering Services Ltd, had been repairing a conveyor at the site on Chalfont Lane, West Hyde when he fell 11 metres on 20 November 2022.

Stair treads had been removed in the conveyor’s stairway to ensure it could be supported by a crane during the reparation work, resulting in a gap in the stairway.

The man, who was 57 at the time, fell through this gap and landed on the concrete floor below, sustaining a fractured pelvis, skull, hip, jaw and two broken wrists.

He spent two months in hospital following the incident, undergoing surgery requiring him to have six plates inserted into his face.

A Health and Safety Executive (HSE) investigation found that EMC Elite Engineering Services Ltd failed to ensure the work at height was properly planned, appropriately supervised, and carried out in a manner that was as safe as reasonably practicable.

The worker said in his victim personal statement: “The injuries I sustained have had a massive impact on my life and some of these will be permanent. The impact on my family relationships has been massive. My wife has become my carer.

“My own behaviours have changed. I am quicker to anger and get easily frustrated. I get very impatient too. My focus has been affected and I struggle to keep up with a task or maintain a conversation.”

EMC Elite Engineering Services Ltd, of Heronsgate Trading Estate, Paycocke Road, Basildon, Essex pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. The company was fined £52,500 and ordered to pay £6,871.12 in costs at St Albans Magistrates’ Court on 15 July 2024.

HSE inspector Martin Paren said: “This incident led to an employee suffering multiple injuries that will affect him for the rest of his life. If his employer had properly planned, instructed and supervised the work then this incident could have easily been prevented.”

This prosecution was brought by HSE enforcement lawyer Sam Wells 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 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.

A company and its director have been fined after an employee was struck by an object while manufacturing large steel cable drums for the offshore industry.

The man, who is now 54, had been working for Code-A-Weld (Great Yarmouth) Ltd when the incident happened on 19 November 2022. Although the company had manufactured steel drums previously they had never manufactured drums of this size – with these ones weighing in excess of seven tonnes.

However, during the process, the jacking set-up failed at the company’s site in Harfreys Industrial Estate in Great Yarmouth which resulted in a catalogue of serious injuries including fractures to the man’s face and skull, and him losing the sight in one eye.

He was airlifted to hospital, placed into an induced coma and spent just under three weeks in hospital whereby he needed facial reconstruction surgery.

A Health and Safety Executive (HSE) investigation found that Code-A-Weld (Great Yarmouth) Ltd failed to carry out a suitable and sufficient risk assessment; control risks from welding in confined spaces; and to provide the  full training required.

The investigation also found that company director, David Fowler, failed to provide safe systems of work in relation to metal fabrication work, despite previous HSE interventions regarding failure to risk assess activities in the fabrication workshop.

Had the company put in place correct measures, such as suitable risk assessment, safe systems of work and planning for jacking activity, the incident could have been prevented.

HSE guidance can be found at: Health and Safety in engineering workshops.

Following a sentencing hearing at Chelmsford Magistrates’ Court on 20 June 2024, DJ Williams issued their written judgment on 5 July:

• Code-A-Weld (Great Yarmouth) Ltd, of Harfreys Industrial Estate, Bessemer Way, Great Yarmouth, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £24,000 and ordered to pay £3,500 in costs.
• David Fowler, of Harfreys Industrial Estate, Bessemer Way, Great Yarmouth, pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc. Act 1974. He was fined £2,000 and ordered to pay £1,500 in costs.

HSE inspector Natalie Prince said: “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 in the safe system of working.

“If a suitable safe system of work had been in place prior to the incident, the life threatening injuries sustained by the employee could have been prevented.”

This prosecution was brought by HSE enforcement lawyer Robert James.

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.