Corporate

HSE publishes annual work-related ill health and injury statistics for 2023/24

The Health and Safety Executive (HSE) has today (Wednesday 20 November) published its annual statistics on work-related ill health and workplace injuries.

The statistics reveal that the number of workers reported to be suffering from work-related ill health during 2023/24 is 1.7 million – which is similar to 2022/23 (1.8 million workers).

The rate of self-reported work-related ill health remains broadly similar to the previous year, although the current rate is still higher than the 2018/19 pre-pandemic level.

Approximately half of those reporting ill-health relate to stress, depression or anxiety, with an estimated 776,000 cases in 2023/24. The current rate of self-reported work-related stress, depression or anxiety is higher than the pre-pandemic level but has decreased from 910,000 in 2022/23.

An estimated 33.7 million working days were lost in 2023/24 due to self-reported work-related ill health or injury.

HSE’s chief executive Sarah Albon said: “This year marks 50 years since the legislation which established HSE was passed. Much has been achieved in that time, including a dramatic reduction of around 85 per cent in the numbers of employee fatal injuries in the workplace.

“Today, Great Britain is one of the safest places in the world to work but these statistics serve as a reminder that there is still room for further improvement, and we remain committed to ensuring people remain safe and healthy wherever work is taking place.”

HSE’s statistics also reveal the impact work-related ill health and workplace injuries are having on Britain’s economic performance.

In 2022/23, the estimated annual costs of workplace injury and new cases of work-related ill health reached £21.6 billion, which is £1.6 billion less compared with 2021/22.

The figures also show that 138 workers were killed in work-related accidents in 2023/24, while 604,000 workers sustained a self-reported non-fatal injury in the workplace during the same period.

 

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. Details on HSE’s work-related mental health campaign, Working Minds, can be found here Working Minds – Work Right to keep Britain safe
  3. Details on HSE’s new 10-year strategy can be found here HSE strategy 2022 to 2032 – About us – HSE.
  4. HSE’s annual statistics on work-related ill health and workplace injuries for 2023/24 can be found here – Health and safety statistics – HSE

Wood panelling firm fined £400,000 after injured worker loses leg

A wood panel manufacturer has been fined £400,000 after a worker suffered life-changing injuries at its factory in Chirk, near Wrexham.

The incident happened at Kronospan Limited on 31 March 2021, when a pack of waste MDF sheets weighing around 350kg fell from a trailer and landed on the left leg of Mark Hughes from Johnstown.

The injuries sustained by Mr Hughes, now 53, were so serious they resulted in him having his left leg amputated below his knee. The loss of his leg has been life-changing and he has since had to move to an accessible house. He is no longer able to carry on with his hobbies and struggles to climb stairs.

Mark Hughes was seriously injured when a pack of waste MDF sheets fell from this lorry

“My injury has changed everything in my life, it is like somebody dropped a bomb on our life and never picked up the pieces,” he said.

“Everything now just takes a lot of planning to do and spontaneous trips do not happen anymore.

“I won’t go anywhere that has a lot of steps.”

The packs of MDF sheets weighed approximately 350kgs

After more than two years off work, Mr Hughes has been able to return to the company, but only in a part-time capacity.

“Some days I feel okay but some days after work I feel absolutely knackered.

“I’ve worked for Kronospan for 27 years and I feel since my accident it would be difficult to find a job somewhere else and start over,” he added.

“A lot of my social connection was from work because I used to work a lot of hours.

“I have a quality of life but it is a lot different than what it used to be.”

Kronospan Limited was fined £400,000 as a result of the incident

An investigation by the Health and Safety Executive (HSE) found that a colleague of Mr Hughes had loaded a flatbed trailer with waste MDF sheets for him to transport across the site to be destroyed. When he began to take off the straps holding the sheets in place, a pack fell off the trailer and landed on top of him. The road across the site was poorly maintained and had lots of potholes.

The investigation also found that there was no suitable risk assessment or system of work in place specifically relating to the risks associated with the stacking, movement and loading of waste MDF sheets.

Kronospan Limited of Chirk, Wrexham pleaded guilty to breaching Section 2(1) of the Health & Safety at Work etc. Act 1974. They were fined £400,000 and ordered to pay costs of £4,701 at Wrexham Magistrates Court on 19 November 2024.

Speaking after the hearing, HSE inspector Marie Wheeler said: “A man has suffered truly life-changing injuries as a result of this company’s failures.

“The incident was completely preventable had a proper risk assessment been carried out.

“Nor did the company have a suitable safe system of work in place.

“HSE will always take action when basic failures like these result in very serious injury.”

 

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.

Fine for council after man ‘who loved life’ killed by falling tree

Cheshire East Council (the council) has been fined £500,000 after ‘the most amazing man’ was killed by a falling tree.

Christopher Hall, 48, from Wilmslow, was walking his dog in The Carrs – one of the town’s parks – on 28 August 2020, when the large limb of a tree fell and struck him. He received multiple injuries and sadly died at the scene.

Less than a year before, another large limb from the same tree had fallen off but the incident was never investigated by the council or its ground maintenance company Ansa Environmental Services Limited. As the District Judge sentenced both at Chester Magistrates Court on 8 November 2024 he said that the previous incident should have “acted as a wake-up call”.

Chris with wife Fiona and son Sam on their way to Bali

In a victim personal statement, Chris’s wife Fiona said her husband “loved life and life loved him”.

“Seeing his face, you will get a sense of who Chris was, what he meant to those around him and what we have lost,” she said.

“His image serves not only as a tribute to the most amazing man but also a focal point and brutal reminder of why seeking justice matters so very deeply.

“Chris loved life and life loved him.

“His death was utterly senseless and wholly avoidable.

“He was simply walking our dog on a dry, warm, summer’s day.

“His loss is colossal, his absence is immense and he leaves a void that can never be filled.”

4. The stump of the tree after it had been cut down, with the limb remnants and floral tributes to the right of the pathway

An investigation by the Health and Safety Executive (HSE) found that when same tree had shed another large limb in September 2019, no investigation was carried out by those responsible to assess whether the tree posed a future safety risk. The council, who controlled the park, did not have a formal overarching tree strategy to manage the risks from trees in public places, and their grounds services contractor, Ansa Environmental Services Limited, had no robust tree management policy.

Organisations who are responsible for trees in areas regularly used by members of the public often adopt a concept called “zoning”, where trees are prioritised for proactive checks based on frequency of public access. HSE guidance is available here.

Chris and his son Sam visiting the Great Wall of China

In his own statement, Chris’s son Sam spoke about the impact his dad’s death has had on his life.

“For the past four years, it’s felt like a long, painful trail – a path we never wanted to be on,” he said.

“Losing dad was losing my life and strength. I miss every little piece of him – his laughter, wisdom, and adventures we shared.

“Our travels ignited a passion in me, but now every journey feels bittersweet without him.

“I’ve taken up diving, which was one of his dreams for us. Being underwater helps me connect with him.”

Cheshire East Council pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974. They were fined £500,000 and ordered to pay £7,284 costs at a hearing at Chester Magistrates Court on 8 November 2024.

There was no separate penalty for Ansa Environmental Services Limited of Middlewich, Cheshire, who also pleaded guilty to breaching 3(1) of the Health and Safety at Work Act 1974. They were ordered to pay a nominal fine of £500. In passing his sentence, the District Judge said it would have been disproportionate to impose fines on both.

3. Contractors taking down the remaining tree limb after the incident

HSE inspector Lorna Sherlock said: “This was an utterly tragic event that has caused the death of a much-loved husband and father.

“Had this public area been better managed, this death might have been avoided. No lessons were learned from the limb falling off the tree less than a year before.

“Cheshire East Council had not adopted a formal overarching tree strategy to manage the risks from trees in public places since it was formed in 2009.

“There was no overarching, consistent risk identification process leading to zoning of trees in all frequently accessed public areas.

“Fiona and the family have shown great courage and fortitude throughout their ordeal.”

The prosecution was brought by HSE enforcement lawyer Matthew Reynolds and paralegal officer Gabrielle O’Sullivan.

 

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.
  5. Guidance on managing the risk posed by trees is available.

Manchester engineering firm fined after apprentice loses fingers

A Manchester-based engineering company has been fined £500,000 after a young apprentice lost the use of two fingers when using a horizontal bandsaw.

The apprentice, who was just 18 at the time, suffered the serious injuries to his fingers in an incident at Proline Engineering Limited in Worsely, on 7 November 2022. While one finger was severed completely, the other was surgically re-attached. However, the now 20-year-old has been left with very little movement and nerve damage in that finger. He had only been on a placement with the firm in order to gain experience in fabrication and engineering and was just over a month into this placement when the incident occurred.

The horizontal bandsaw the apprentice had been using

An investigation by the Health and Safety Executive (HSE) found that he was being taught how to weld as part of his apprenticeship placement. This process required multiple sections of steel to be available to practice welding on. After a brief period of verbal training he was permitted to cut lengths of steel into these sections using a horizontal bandsaw, which was located in a shipping container some distance away from the main workshop.

HSE inspector Tracy Fox said: “This young man was at the very start of his career.

“As a result of this companies failures, he sustained serious and irreversible injuries that have been truly life changing. Those injuries have impacted on many aspects of his life and resulted in him having to undergo numerous operations and procedures.

“Once a keen mountain biker and member of his local gym, his hand grip is such that he can no longer take part in those activities that he used to love.”

The horizontal bandsaw was located in a shipping container some distance away from the main workshop

On the day the incident happened, he had been working unsupervised when he noticed the bandsaw was not completing a full cut due to a build-up of metal debris underneath the sawblade. As he attempted to clear away the debris, his fingers came in contact with the moving sawblade, instantly severing one finger and severely damaging another. He was taken to hospital where he remained for six days.

The investigation also found that Proline Engineering Limited had failed to carry out a suitable and sufficient risk assessment, resulting in a failure to provide suitable guarding arrangements on the bandsaw and had failed to put in place an adequate safe system of work. It also revealed inconsistencies and inadequacies in the provision of information, instruction, training and supervision for those required to use the bandsaw.

The machine the apprentice was using was subsequently taped off following the incident

The company pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 at Manchester Magistrates’ Court. They were fined £500,000 and ordered to pay £5,317 costs at a hearing at on 6 November 2024.

HSE inspector Tracy Fox went on to say: “Had even the most basic safeguards been put in place this incident would have been avoided.

“The risks arising from operating machines such as bandsaws are well known. HSE has clear guidance on the provision and use of work equipment that can help in preventing incidents like this from happening.

“We would like highlight that all employers should make sure they properly assess their workplace for these risks and act to ensure that effective measures are in place to minimise the risks associated with operating machinery.

“It is crucial that as part of this assessment employers consider and manage any increased risks that may be associated with inexperienced employees.”

This prosecution was brought by HSE enforcement lawyer Gemma Zakrzewski and supported by HSE paralegal officer Sarah Thomas.

 

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.
  5. Guidance on working safely with machinery is available.

Fine for construction company after father of three left paralysed

A father-of-three was left paralysed from the chest down after falling through a ceiling at a house renovation in Derbyshire.

Chesterfield builder Andrew Clifford remained lying face down on the floor for around six hours before he was found by a delivery driver. He judged the time by hearing hourly news bulletins from his radio.

Andrew had been working alone installing first-floor joists during the construction of a house on Main Road in Dronfield. The 51-year-old was carrying out the work on behalf of Paul Freeman Limited – a Mansfield-based company he had worked with for around 20 years.

The Health and Safety Executive (HSE) has prosecuted the company for failing to properly plan work at height.

On the morning of 31 October 2022 Mr Clifford slipped and fell from the first floor to the ground below and was left unable to move.

He spent nearly five months in hospital, with the injuries to his spinal cord so serious they left him paralysed from the chest down, with only limited movement in his hands and arms.

Speaking about the day that changed his and his family’s lives forever, Mr Clifford said: “The first thing I recall after my fall was landing on my head.

“From that point it was a very strange feeling as from when I landed, I felt no pain and I couldn’t understand why or that I couldn’t get up.

“My radio was on and I judged the time by the news. After an hour, I tried to move again and this carried on for around three hours. Eventually, I realised this was serious and I thought I’d better stay still as I didn’t want to cause further injuries.

“This wasn’t the type of street where people were walking past and as it started to get dark I was getting really worried.

“When I was found by the delivery driver I heard him shout out, ‘hello, hello, hello’.

“I think I fell between 9am and 9.30 and wasn’t found until 3pm.”

He went on to say how being a builder was a job he loved and described the impact the incident has had on his everyday life.

“I can’t do anything I used to love doing before,” he said.

“Simple things like doing the gardening, washing the car and jobs around the house.

“I can’t even wash or dress myself now.

“I haven’t been upstairs in my house since the accident – my wife and three daughters all sleep upstairs and I sleep alone downstairs.

“Another thing that really upsets me is the thought of not being able to walk my daughters down the aisle when they get married.”

An investigation by the Health and Safety Executive (HSE) found that Paul Freeman Limited failed to ensure that work at height had been properly planned and, as such, no measures had been implemented to prevent falls during the construction of the first floor. Mr Clifford had not been provided with suitable instruction as to how the work should be carried out and was therefore left to work this out on his own.

Working at height remains one of the leading causes of death in the construction industry and HSE has detailed published guidance on minimising the risks associated with it.

Paul Freeman Ltd of Synergy House,  Acorn Business Park, Commercial Gate, Mansfield, Nottinghamshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 at Derby Magistrates’ Court on 4 November 2024. They were fined £40,000 and ordered to pay costs of £6,263.

HSE inspector Sara Andrews said: “My thoughts remain with Andrew and his family, whose lives have changed dramatically as a result of this preventable incident.

“This case highlights the importance of undertaking a thorough assessment of the risks for all work at height activities and the need to ensure that, where work at height cannot be avoided, suitable control measures are implemented to minimise the risk of serious injury.

“This is even more significant when lone working.”

This prosecution was brought by HSE enforcement lawyer Neenu Bains and 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 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.

Man spared immediate spell behind bars over unsafe gas work

A man from Blackpool has been spared an immediate spell behind bars after his unsafe gas work put people’s lives at risk.

Mehmet Kalyoncu, who pleaded guilty on the first day of a proposed trial, was given a 12-month custodial sentence suspended for the same period.

The 57-year-old, who was not Gas Safe Registered, installed various gas appliances and pipework at an address in the seaside town. It was only when concerns were raised about the work to the Gas Safe Register that investigators visited the property and found gas fittings had been left in an unsafe state.

When the matter was then referred to the Health and Safety Executive (HSE) for investigation, it became clear that Kalyoncu had previously been served with a prohibition notice to not undertake any further gas work unless he was Gas Safe registered.

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

As part of its investigation, HSE found that despite the earlier prohibition notice, Kalyoncu continued to carry out unregistered and unsafe gas work, putting members of the public at considerable risk from unsafe gas fittings and appliances.

Mehmet Kalyoncu, of no fixed abode, pleaded guilty to breaching section 33(1)(g) of the Health and Safety at Work etc Act 1974 and Regulations 3(3) and 6(2) of the Gas Safety (Installation & Use) Regulations 1998. He was sentenced to 12 months imprisonment, suspended for 12 months, and ordered to pay costs of £600 at a trial at Preston Crown Court on 29 October 2024.

HSE principal inspector Caroline Shorrock said: “Mehmet Kalyoncu showed a complete disregard to the safety of the public.

“He carried out unsafe gas work that put people at risk.

“The fact he had already been served with a notice to not do this unless Gas Safe registered makes this case even worse.”

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

“The public should always ask to see the gas engineer’s identification and check the registration number online.”

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

This prosecution was brought by HSE enforcement lawyer Matthew Reynolds 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 in England and Wales can be found here and for those in Scotland here.

Company fined as employee fractures skull

A company has been fined £80,000 after an employee sustained a fractured skull at its site in Glasgow.

In addition to a fractured skull, the worker sustained a broken clavicle, a ripped earlobe and haematomas down his right side, caused by being struck by a telehandler bucket while working at Grayshill Limited on 19 October 2022.

He had been removing cattle from the back of a lorry when the telehandler bucket became detached and struck him.

A Health and Safety Executive (HSE) investigation found Grayshill Limited failed to implement a safe system of work for the use of quick hitches on the telehandler. A quick hitch is a latching device that enables, in this case, the bucket, to be connected to the arm of the telehandler and changed quickly. A manual quick hitch requires an operator to manually insert a metal pin from the latching device to secure the attachment.

On the morning of 19 October 2022, a self-employed agricultural engineer had serviced the telehandler, which included removing the bucket but the engineer did not correctly reattach it onto the telehandler after the service was complete. The investigation found that the securing pin for the quick hitch had not been reinserted.

HSE guidance can be found at: Provision and Use of Work Equipment Regulations 1998 (PUWER)

HSE principal inspector Hazel Dobb said: “This was a serious incident that has resulted in a worker sustaining horrific injuries. We thoroughly investigated this incident and found Grayshill Limited failed to carry out the correct control measures and safe working practices at its site in Glasgow. The company also failed to check its vehicles after they had been serviced and repaired to ensure they were safe for use.”

Grayshill Limited, of Mollins Road, Cumbernauld, Glasgow, pleaded guilty to breaching Section 2(1), Section 2(2)(a) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974. The company was fined £80,000 and ordered to pay a victim surcharge of £6,000 at Airdrie Sheriff Court on 28 October 2024.

 

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.

Routine inspection lands metal recycling firm with £650,000 fine

A major metal recycling firm has been hit with a £650,000 fine following a routine inspection by Britain’s workplace regulator.

ASM Metal Recycling, which operates four other metal recycling sites, including at locations in Bedfordshire and Hertfordshire, received enforcement action from the Health and Safety Executive (HSE) for failing to implement effective control measures to protect workers.

HSE inspector, Emma Page, visited ASM Metal Recycling at its Griffin Lane premises in Aylesbury on 3 and 8 August 2023. While there, she observed dangerous working practices, including a failure to segregate moving vehicles from pedestrians as waste was being manually sorted.

During her inspection, HM Inspector Page was able to take videos evidencing these practices – the videos show three pedestrian workers wearing yellow hi-vis sleeveless jackets, sorting waste in the yard in close proximity to three 360 grab excavators operating behind them.  As they continue to hand-sort the waste, a red HGV skip lorry pulls forwards and reverses towards and passed them.  At this point, two of the workers have their backs towards the still reversing HGV. The footage clearly reveals there are no measures, such as barriers, to prevent the reversing vehicle coming into contact with, and causing injury, or worse, to the workers.

The subsequent HSE investigation further identified that ASM Metal Recycling Ltd had previously identified the risks of pedestrian-vehicle collision but had failed to implement effective control measures to prevent this. At these times, pedestrian workers were exposed to risks of being struck by a vehicle.

HSE had previously served enforcement notices on ASM Metal Recycling Ltd in 2010, 2014, 2016, 2018.  HSE also wrote Notification of Contravention letters to the company in 2021 and 2023.

ASM Metal Recycling Ltd, of 55 Station Road Beaconsfield Buckinghamshire HP9 1QL, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act. They were fined £650,000 and was ordered to pay £5,885 costs at a hearing at Oxford Magistrates Court on 22 October 2024.

After the hearing, HSE inspector Emma Page said: “The scrap and metal recycling industry has consistently had a poor fatal incident rate for many years.

“The most serious risk associated with manually sorting waste is a collision between a vehicle and a pedestrian. On average, there are around five fatalities each year in the waste industry, with nearly half of these relating to being struck by a moving vehicle.

“Incidents happen because working practices have failed to achieve effective segregation of moving vehicles from pedestrians. During my inspection it was clear that this was the case at ASM Metal Recycling’s Griffin Lane premises in Aylesbury, and the fact we had previously identified these areas of concern but they were not acted upon resulted in HSE’s prosecution of the company.”

 

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.
  5. Further information and HSE endorsed guidance on hand-sorting of waste in the industry is also available.

Cheshire farm owner fined after roofer dies in fall

A Cheshire farm owner has been fined after a man fell to his death from a forklift truck while attempting to repair the roof of a packing shed at his premises in Tarporley.

Denis Thornhill and his company D.S. Thornhill (Rushton) Limited were fined a combined £16,000 after 64-year-old Mark Young was killed at Moss Hall Farm on 1 February 2021.

Earlier this year, both Thornhill and the company been found guilty of breaching health and safety legislation following a six-week trial at Chester Crown Court. The jury cleared 78-year-old Thornhill on a charge of gross negligence manslaughter. They returned to the same court on 11 October 2024 to be sentenced.

During the trial, the court was told that on 29 January 2021, Mr Young, who worked as a roofer, had been asked to make repairs to a roof panel and fix a blocked gutter on the same building. However, as he was walking across the roof, he damaged a second roof panel so a replacement was purchased to carry out an additional repair.

Mark Young had been lifted up to the roof using this forklift truck

He returned with his son three days later to complete the work and asked to be raised up to do it. Denis Thornhill arrived with a forklift truck that had a potato box balanced on its forks. Mr Young was lifted up inside the potato box to a height of around 16 feet, while his son, who was on the roof, attempted to reposition the panel from above. As Mr Young moved to one side of the potato box, it caused it to overbalance and he fell to the floor sustained serious head injuries.

Although paramedics were called, they were unable to resuscitate him and he was pronounced deceased at the scene.

HSE Inspector Ian Betley said after the hearing: “This was a tragic incident that could so easily have been avoided.

“The forklift truck and potato box were the wrong pieces of equipment for the job and never a suitable platform for working at height. The work should instead have been carried out using a tower scaffold, scissor lift, or a cherry picker.

“In bringing the forklift truck and potato box and using it to lift Mark at height, the company was in control of the work but had failed to implement proper planning and safe execution of it.

“All companies have a legal duty to ensure the safety of workers they employ or who carry out work for them. If that had happened in this case, then Mark’s life wouldn’t have been lost.”

The potato box used to lift Mark Young was unsecured to the forklift truck with him inside it

A joint investigation by Cheshire Constabulary and the Health and Safety Executive (HSE) found that on the day of the accident there was no safe system of work implemented for working at height and unsuitable work equipment was used. The potato box did not have the required safety features for a non-integrated work platform and had not been secured in a way to prevent it overbalancing. Additionally, the forklift truck had not been subjected to a thorough examination at the required frequency and was unsuitable for lifting people and Denis Thornhill was not formally trained in operating the forklift truck. Enforcement action was taken and a Prohibition Notice was served on the company prohibiting further work until a safe system was devised.

Denis Thornhill of Eaton Lane, Tarporley, Cheshire was cleared of manslaughter but was also found guilty of breaching Section 37 of the Health and Safety at Work etc. Act 1974, by virtue of 37(1) of the Act and was fined £4,000 and ordered to pay costs of £4,000.

 

D.S. Thornhill (Rushton) Limited of Moss Hall Farm, Moss Hall Lane, Tarporley, Cheshire was found guilty of breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and was fined £12,000 and ordered to pay costs of £10,000.

 

 

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.

Cosmetics firm fined after HSE inspection found serious failings

A cosmetics company in Yorkshire has been fined more than £50,000 after an inspection by Britain’s workplace regulator uncovered serious electrical failings.

Inspectors from the Health and Safety Executive (HSE) conducted an unannounced inspection at the premises of Sabel Cosmetics Limited on Pellon Lane in Halifax on 5 July 2022.

During the visit, the inspectors uncovered electrical deficiencies that posed serious risks of both electric shock and electrocution to workers.

HSE found there was a systemic failure within the company to address the risks identified with the electrical systems

A subsequent investigation by HSE found there was a systemic failure within the company to address the risks identified with the electrical systems. The inadequate construction and maintenance of the electrical system at the premises presented an immediate risk of employees coming into direct contact with exposed live parts on equipment and machinery within the company premises. The company allowed the breaches to subsist over a long period of time.

Sabel Cosmetics Ltd of Pellon Lane, Halifax, West Yorkshire pleaded guilty to breaching  Regulation 4 (1) of the Electricity at Work Regulations 1989. The company was fined £56,695 and ordered to pay £5,949 in costs at Leeds Magistrates Court on 10 October 2024.

After the hearing, HSE inspector Andrea Jones commented: “This case shows the importance of HSE inspections to help ensure health and safety risks are being managed effectively and protect people at work.

“It is essential that electrical wiring installations and electrical equipment are constructed and maintained in a safe condition to prevent injuries or even worse, death.

“In this case, simple inexpensive steps could have been taken to remedy the most serious defects, instead the company’s inaction has resulted in more than £60,000 in fines and costs.”

 

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.
  5. HSE guidance about electrical safety is available.