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:

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.

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.

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.

Property developer fined after man crushed by faulty lift

A London property developer has been fined £40,000 after a member of the public was crushed by a faulty falling lift at a block of flats.

The 23-year-old had returned to the flats on Cambridge Heath Road in East London, with a group of friends on 9 September 2019. When he and seven others entered the lift on the ground floor, it began to shudder and descend with the doors still open. As it began to fall, the young man attempted to exit the lift but he was crushed between the ground floor and the top of the lift. The crush injuries he sustained were so serious he eventually required a liver transplant.

Nofax Enterprises Limited had been acting as the property manager for the five-storey block flats. The investigation by the Health and Safety Executive (HSE) found that it failed to act when defects with the lift were identified by a third party, resulting in a member of the public being harmed.

Health and safety law places specific obligations on those providing, controlling and using lifting equipment. HSE has detailed guidance for how to properly manage these risks. Thorough examinations should be carried out by a competent person at six month intervals for lifts designed to lift people. When a defect is identified that poses a danger to people the lifting equipment should not be used until the defect is remedied. Further guidance can be found here: Thorough examination and testing of lifts: Simple guidance for lift owners INDG339.

Nofax Enterprises Limited of Swiss House, Beckingham Street, Tolleshunt Major, Essex, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £40,000 and ordered to pay £8,540 in costs at Southwark Crown Court on 22 July 2025.

HSE inspector Pippa Knott said: “As a result of this company’s failures, a young man who was simply returning from a night out with friends has suffered life-changing injuries.

“The fine imposed on Nofax Enterprises Limited should underline to everyone in property management that the courts, and HSE, take these failures extremely seriously.

“We will not hesitate to take action against companies which do not do all that they should to keep people safe.”

This HSE prosecution was brought by HSE enforcement lawyer Nathan Cook and paralegal officer David Shore.

 

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. Relevant guidance can be found here – Thorough examination and testing of lifts: Simple guidance for lift owners INDG339
  5. 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.

Joinery firm fined for failing to protect its workers

A joinery firm in Middlesbrough has been fined £10,000 after an unannounced visit by Britain’s workplace regulator found multiple health and safety breaches.

Inspectors from the Health and Safety Executive (HSE)  visited Abbey Joinery and Manufacture Limited at its Worlton Road site on 25 May 2023. During their inspection they identified multiple failings relating to the company’s control of wood dust as well as its maintenance of electrical systems.  These failings meant that employees were being unnecessarily exposed to unnecessary risks.

Inspectors found wood dust across the site

Breathing in wood dust excessively can cause asthma and nasal cancer. HSE provides a range of guidance on working in the woodworking industry, covering the Control of Substances Hazardous to Health (COSHH) Regulations 2002; exposure limits; extraction; and health surveillance.

HSE inspector Darian Dundas said: “Wood dust can cause serious health problems.

“It can cause asthma, which carpenters and joiners are four times more likely to get compared with other UK workers.

“There is clear health and safety guidance available to assist businesses in adequately controlling exposure to wood dust.

“Adequate control of wood dust is achieved when the eight principles of good control practice are applied.”

The HSE inspection also found failures in the company’s electrical installations, including both fixed and portable appliances and machinery. Exposed wiring carried the potential to put workers at risk of serious injury, or worse, from electric shock.

Electrical failings were also identified

HSE guidance about electrical safety is also available. Darian Dundas continued: “It is vital that maintenance is carried out done to ensure the safety of electrical systems.

“The inspection and testing of equipment is also an essential part of any preventive maintenance programme.

“This investigation was supported by specialist inspectors with a deep knowledge in electrical safety.

Abbey Joinery and Manufacture Limited, of Whorlton Road in Middlesbrough, pleaded guilty to breaching Sections 2(1) of the Health and Safety at Work etc. Act 1974 and was fined £10,000 with £4,428 costs by Teesside Magistrates’ Court.

This HSE prosecution was brought by enforcement lawyer Chloe Ward and paralegal officer Jason Dix.

 

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. Relevant HSE guidance referred to in this press release can be found here: Control of substances hazardous to health (Sixth edition) – HSE, EH40/2005 Workplace exposure limits and The Electricity at Work Regulations 1989 – HSE.

Rogue gas fitter jailed for carrying out unsafe work

A rogue gas fitter from Norfolk has been jailed after carrying out unsafe gas work at a residential property while suspended from the Gas Safe Register.

Antony Clifton, from Wymondham, has been sentenced to 46 weeks in custody after he carried out unsafe gas work while falsely claiming to be a member of the Gas Safe Register. He worked at a home in Drayon, Norwich in January 2022, but there was a gas escape on the inlet to a cooker that had been fitted the day before by the 52-year-old.

An investigation by the Health and Safety Executive (HSE) found that Clifton had left the appliance in a condition where gas was leaking, and emergency repair work was required. Clifton had previously been served with a prohibition notice by HSE following unsafe gas work.

Further information and guidance on domestic gas health and safety is available.

Antony Clifton, a director of CS Appliance Repairs Limited, of Exige Way, Wymondham pleaded guilty to breaching Regulations 3(7) and 5(3) of the Gas Safety (Installation and Use) 1998 Regulations. He was sentenced to a total of 46 weeks in custody and was ordered to pay £1,000 costs at a hearing at Great Yarmouth Magistrates’ Court on 14 July 2025.

After the hearing, HSE inspector Martyn Webb said: “Antony Clifton knew that he was not registered and should not carry out any gas work.

“However, he showed a blatant disregard to this fact and his illegal actions meant the people living in that house could have been killed.

“Homeowners and tenants should check for Gas Safe registration before allowing work to commence on their appliances and refuse entry to individuals who cannot prove they are registered.

“All gas work must be done by a registered Gas Safe engineer to ensure the highest standards are met to prevent injury and loss of life.”

Gas engineers and consumers can contact the Gas Safe Register in any of these ways:

This HSE prosecution was brought by enforcement lawyer Iain Jordan 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.

Textile company fined after director killed by reversing HGV

A textile manufacturer has been fined £220,000 after one of its directors was killed by a reversing HGV in Rochdale.

Daniel Ames was a director of The British Millerain Company Limited and had offered to stay behind at the company warehouse to wait for the return of the vehicle on 22 June 2023.

The truck arrived at around 5.30pm. Mr Ames spoke to the driver and confirmed he would act as banksman to help the vehicle reverse into the warehouse.

During the manoeuvre, the driver lost sight of Mr Ames and when he got out to check, he found him trapped between the vehicle and some steel storage racks in the warehouse. The driver called paramedics, but Mr Ames died in hospital from his injuries.

Daniel Ames was killed by a HGV at his workplace

Speaking after the company was fined, Mr Ames’ family said the outcome left them with ‘mixed emotions’.

“Daniel went to work and never came home again and we have a massive hole in our lives that will never be filled,” they said in a statement.

“We are glad the company have admitted being responsible for his death and been handed a fine.

“But we remain devastated that we no longer have Daniel in our lives. Today we have still lost a much-loved dad, husband, uncle, son and brother, and we are devastated that his life ended in this way.

“He got on well with all his colleagues at work and had a great career. He was a respected professional who loved his job and was well known in the industry and was excited for his future. But that was taken away from us all in an instant.

“He was a real family man with a great sense of humour who was always making people smile and laugh and he enjoyed life to the full. We all miss him so much.”

The incident was reported to the Health and Safety Executive (HSE), who carried out an investigation into what happened. That identified a number of failings exposing employees to various risks, including having no safe system in place for reversing HGVs. Employees confirmed they had been doing the task for several years but had never received any training. This included one employee who said he had on occasion reversed HGVs into the warehouse with someone else acting as banksman – despite neither being trained to do so.

The HGV was being reversed into the warehouse

The HSE investigation also found the company had no risk assessment in place in relation to this work, with the regulator serving it with an improvement notice. Following the incident the company carried out a risk assessment that resulted in a safe system of work being implemented, which meant vehicles were no longer reversed using a banksman. Relevant guidance can be found here: Workplace transport – HSE.

The British Millerain Company Limited, of Unit 1 Park Mill, Buckley Road, Rochdale, pleaded guilty to breaching section 33(1)(a) of the Health and Safety at Work etc Act 1974. The company was fined £220,000 and ordered to pay costs of £5,634 at Manchester Magistrates Court on 10 July 2025.

HSE inspector Jane Carroll said: “This is a tragic case.

“Daniel was clearly popular and respected, but his leadership and dedication to his colleagues was not properly protected by the defendant.

“A safe system of work was not in place.

“We will always take action against those who fail to protect people in work.”

This prosecution was brought by HSE enforcement lawyer Gemma Zakrzewski and paralegal officer Stephen Grabe.

 

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. Relevant guidance can be found here Workplace transport – HSE.
  5. 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.