A multi-national company that manufactures wood-based products has been fined more than £1 million after two workers were injured in separate incidents.

West Fraser (Europe) Ltd, formerly known as Norbord pleaded guilty to several health and safety breaches related to two incidents that took place at its plant in Cowie within six months of each other in 2020.

In the first  Sean Gallagher, 29, a utility operator, suffered serious injuries after his leg became entangled in moving parts at the bottom of a storage bunker in January 2020.

In July of the same year, David McMillan, 39, a scaffolder, plunged more than 13 feet to the ground after a rusty plate gave way on a rooftop gantry.

Both incidents led to investigations by the Health and Safety Executive (HSE). The same company had  been fined more than £2million in 2022 after another employee died after suffering serious burns at the same plant.

Stirling Sheriff Court heard that Mr Gallagher had been employed by the firm for a period of five years, spending the last two of which working at its biomass plant. On 20 January, he noticed a fault on a bunker at the plant.  He initially entered the bunker to carry out an inspection, and did so in accordance with the company’s safe system of work procedure.

However, when he identified further issues later into his shift, he entered the bunker again, but this time had not turned off the power. He became entangled in the machinery and had to use his own phone to alert a control room operator. He was eventually extracted from the machine and taken to hospital, with injuries including compound fractures to the tibia and fibula of his right leg.

As a result of the incident, the company installed a mesh guard across the bunker hatch, which is padlocked shut. It can only be unlocked by the supervisor once the system has been isolated.

The second incident happened on 21 July and resulted in David McMillan suffering multiple fractures to his body, including his neck and ankle. He had been working at height when a plate on the steel gantry gave way causing him to fall to the ground. He spent 20 days in hospital. The subsequent HSE investigation found there was no maintenance schedule or system of checks for the gantry structure. The steel flooring to the gantry was found to have been corroded in places, while some of the welds holding the plates in place were at the point of failure. Following the incident, the gantry was immediately placed out of bounds before it was dismantled and removed from the site.

In relation to the first incident, West Fraser (Europe) Ltd pleaded guilty to failing to comply with regulations 11(1) and (2) of the Provision and Use of Work Equipment Regulations 1998 and section 33(1)(c) of the Health and Safety at Work etc. Act 1974. The company was fined £28,000 at Stirling Sheriff Court on 17 February 2025.

For the second incident, West Fraser (Europe) Ltd pleaded guilty to failing to comply with sections 4(2) and 33(1)(a) of the Health and Safety at Work etc. Act 1974. The company was fined £1,040,000 at Stirling Sheriff Court on 17 February 2025.

Speaking after the hearing, HSE inspector Stuart Easson, said: “This is the second time in five years this company has been handed a large fine for failing to protect workers.

“Although both men sustained very serious injuries in these latest incidents, both are lucky to be alive.

“We hope this outcome demonstrates that repeated failures of this nature are not acceptable.”

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 can be found here.

A self-employed roofer has received a suspended prison sentence after a man suffered serious injuries after falling from scaffold in Devon.

Daniel Hooper was given a 16-week custodial sentence, which will be suspended for a period of 12 months, following Iain Smith, 36, falling from a height of more than 25 feet while working for him, on 13 June 2023.

Father of three Mr Smith had been manually carrying old roof slates down a ladder attached to the scaffold platform at a domestic property in Honiton when he fell, suffering serious injury, including five broken vertebrae, as well as skull and rib fractures. Devon Air Ambulance took Mr Smith to Derriford Hospital where he was put into an induced coma for five days. He has since made a remarkable recovery but does still suffer from the effects of his injuries.

An investigation by the Health and Safety Executive (HSE) found that Daniel Hooper, 28, trading as Hooper Roofing, failed to ensure the health, safety and welfare of his employee as he did not undertake any planning or appropriately supervise the work at height or supply suitable equipment to do the task safely.

Falls from height remain a leading cause of workplace death and serious injury and HSE has published guidance about how these incidents can be avoided. It is vital that employers plan work at height on any size building or roof work project. Every employer should take suitable and sufficient measures to prevent any person falling a distance liable to cause personal injury. While ladders can be used for accessing a scaffold platform, HSE guidance is clear that they should only be used for low risk and short duration tasks. Work equipment or other measures must be used to prevent falls where working at height cannot be avoided.

The HSE investigation found that ladders were used to transfer heavy slate tiles to and from the scaffolding platform and this practice was not, so far as reasonably practicable, safe.  There are alternative methods of transferring the slate tiles to and from a scaffolding platform that eliminate the need for ladders to be used for this task. These include the use of a pulley system or use of a mechanical conveyor.

Daniel Hooper, of Brook Road, Cullompton, Devon pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. He was sentenced to 16 weeks imprisonment, suspended for 12 months and ordered to complete 150 hours of unpaid work in the community at Exeter Magistrates Court on 6 February 2025.  He was also ordered to pay costs of £10,875.

HSE inspector Thomas Preston said “Falls from height account for around half of all deaths in the construction industry and Mr Smith is very fortunate to still be alive today.

“The risks of working at height and the control measures are well established, including the need to supervise the work appropriately.  Alternative methods of moving materials up and down from a scaffold platform are available and must be considered when planning roofing projects.”

This HSE prosecution was brought by HSE enforcement lawyer Iain Jordan and paralegal officer Helen Jacob.

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 guidance about working at height safely is available.
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.

A company has been fined £133,000 after a man was left seriously injured when he fell through a barn roof in Southampton.

The 37-year-old from Bursledon had been helping his friend repair a fire-damaged storage barn at Dodwell Farm Limited on Pylands Lane on 9 February 2023. The father-of-one had been at the top of a sloped roof fixing new panels to timbers, but they weren’t strong enough to hold his weight. They gave way when he stood on them and he fell through to the hard surface about 10 metres below. The injuries he sustained were severe and resulted in an extended period in hospital.

An investigation by the Health and Safety Executive (HSE) found that safety measures such as barriers, netting or access equipment were not in place.

Dodwell Farm Limited had failed to take appropriate precautions to ensure the safety of workers, and others affected by the work, when replacing the barn roof.

Working at height remains one of the biggest causes of fatalities and major injuries. Common cases include falls from ladders and through fragile surfaces. HSE guidance is available.

Dodwell Farm Limited of Bursledon pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £133,000 and was ordered to pay £8,816 costs plus £2,000 surcharge at a hearing at Southampton Magistrates Court on 3 Jan 2025.

After the hearing, HSE inspector Nicola Pinckney said: “Too many workers are injured and killed every year as a result of falling from height.

“The sentence imposed on Dodwell Farm Limited should underline to everyone who carries out work at height that the courts, and HSE, take a failure to follow the regulations extremely seriously.

“Measures to prevent the accident, such as avoiding working from the roof, protecting fragile surfaces and having netting in place, are well known and readily available.

“HSE 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 enforcement lawyer Iain Jordan and paralegal Helen Jacob.

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.

Two companies have been fined more than £100,000 after a man fell 30 feet through a fragile skylight as he was working on a roof.

Nicolas Vilela suffered multiple injuries in the incident at Graystone Action Sports Centre, on Brunel Avenue in Salford on 23 November 2022.

Now 43, Mr Vilela had been fixing a solar panel into position on the roof when he took a step back and fell through one of the skylights to the skate park below, narrowly missing several people. His horrific injuries included a partial lung collapse, broken ribs, pelvis, femur and left wrist as well as fractures to lower vertebrae. He spent a month in hospital.

Falls from height remain a leading cause of workplace death and HSE has published guidance about how these incidents can be avoided.

Speaking as the companies were fined, Mr Vilela said the incident had affected him both physically and emotionally.

He said: “It has had an overwhelming and complicated impact on my life, having, until then, been a very active, dynamic person”

“A fall from a height of 10 metres is not something you survive.

“I broke my femur, pelvis, wrist, vertebrae and ribs. A lot worse could have happened but I am grateful for the fact that I am alive and can walk, but I will live with this trauma for the rest of my life.

“I have developed a fear of heights and a fear of any physical activity that could cause me harm. I am also really worried about how my body will respond in old age as a result of these injuries.

“I am unable to walk for more than a kilometre without feeling pain and getting very tired due to the loss of strength and mobility in my leg. My pelvic fracture impedes me from doing any heavy lifting and I live in fear of damaging it even more.”

An investigation by the Health and Safety Executive (HSE) found that H2O Renewables Limited (H2O) were the principal contractor engaged for work to install solar panels to the roof of the indoor skate park and had engaged Green Projects Ltd (GPL) as sub-contractor to fit the roof mounted system. H2O planned the work during which time they were aware of multiple fragile rooflights in close proximity to where the solar panels would be fitted.

The risk assessment produced by H2O stated cones and warning tape would be used as a control measure to warn operatives of the risk of falling through the fragile roof lights, and fixed scaffolding would be used to prevent risk of falls from the perimeter of the roof. By the time the work started on 22 November 2022, the fixed scaffold had only partially been erected, and only the cones had been placed next to the skylights.

Despite the insufficient control measures being present to mitigate the risks from work at height, GPL’s operatives were allowed to start work to fit the solar panels.

The investigation also found that H2O Renewables Limited and Green Projects Ltd, had failed to take suitable and sufficient precautions to ensure the safety of workers on the roof. Both companies had also failed to put in place a safe system of work for the installation of solar panels that were to be fitted in close proximity to many of the fragile roof lights present.

H2O Renewables Limited of Hazel Grove, Stockport, pleaded guilty to breaching regulation 13(1) of the Construction (Design and Management) Regulations 2015. They were fined £106,720 and ordered to pay £4,995 costs at a hearing at Manchester Magistrates Court on 20 November 2024.

At the same hearing, Green Projects Ltd of Albert Street, Oldham, pleaded guilty to breaching regulations 6(3) of the Work at Height Regulations 2005. They were fined £13,340 and ordered to pay £1,600 costs.

After the hearing, HSE inspector Phil Redman said: “This was a very serious incident that Mr Vilela was extremely lucky to survive.

“A fall from this distance frequently results in life-changing injuries or death.

“It is a timely reminder that all work at height activities must be suitably planned, managed and monitored using a safe system of work.”

This prosecution was brought by HSE enforcement lawyer Kate Harney and 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.
5. Guidance on working safely at height is available.

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.

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.”

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.

A Cheshire-based electrical transmission company has been fined £240,000 after a man was left paralysed from the chest down after a fall at work.

Gavin Pugh, from Bangor in North Wales, was 35 at the time of the incident and employed as a linesman by Wood Transmission and Distribution Limited. He had been demolishing and replacing electricity pylons in East Staffordshire when he fell more than 30 feet on 6 April 2022.

Birmingham Magistrates Court was told how Mr Pugh and his colleagues began working on a pylon known as Tower AE11 in preparation for its demolition. They were unaware there had been previous work to loosen the bolts on the tower, known as “bolt cracking”, undertaken by another team of linesmen. This work had not been risk assessed and there were no systems in place to effectively record and communicate what they had actually done.

In addition, the team that was sent to site that day was also under-staffed for the work being carried out. As the job progressed, Mr Pugh unknowingly attached his fall protection lanyard to a diagonal steel section that was only securely bolted in place at its uppermost fixing. As he moved around the tower, the steel section he was attached to dropped into a vertical position, causing his lanyard to fall loose, resulting in him falling to the ground. He spent six months in hospital and has been left unable to work as a result of his extensive injuries.

An investigation by the Health and Safety Executive (HSE) found that Wood Transmission and Distribution Limited failed to ensure that the work at height was properly planned, appropriately supervised, and carried out in a manner that was, so far as was reasonably practicable, safe. The company had not considered the work at height hierarchy as part of its planning and had not assessed the risks associated with bolt cracking. Furthermore, it had not adequately resourced the task in line with its own safety documentation, and had failed to put in place a process for transferring work between teams and ensuring safety critical information was recorded and communicated effectively.

On 12 April 2024, Wood Transmission and Distribution Limited, of Booths Park, Chelford Road in Knutsford pleaded guilty at Birmingham Magistrates Court to breaching regulation 4(1) of the Work at Height Regulation 2005. At a hearing on 17 July 2024 they were subsequently fined £240,000 and ordered to pay costs of £14,142.

HSE Inspector Robert Gidman said: “This tragic incident could have been prevented had Wood Transmission and Distribution Limited put in place adequate arrangements to protect its workers from harm.

“Proper assessment of the risks and consideration of work methods, adequate staffing, and clear procedures for transferring towers between teams could have enabled this work to go ahead without incident.

“Instead, because of the company’s shortcomings, a worker has sadly and unnecessarily been left paralysed.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

Notes to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We 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.

An aircraft maintenance company has been fined £230k after a worker fell from height while inspecting wings at its facility in Cardiff.

Iain Mawson, a British Airways Maintenance Cardiff Ltd employee, was placed into an induced coma for three weeks such were the extent of his injuries, which included numerous skull fractures and a brain haemorrhage.

Cardiff Magistrates Court heard how Mr Mawson fell through a gap in the guard rail of the docking platform where safety barriers had been removed.

The 52-year-old also suffered multiple fractures to his ribs, scapula, vertebrae and collar bone as a result of the incident on 10 November 2019 and has not been able to return to work since.

An investigation by the Health and Safety Executive (HSE) found that the company had failed to adequately analyse the risks and avoid removal of guardrail safety barriers or ensure safety barriers were replaced.

British Airways Maintenance Cardiff Ltd of Waterside, PO Box 365 Harmondsworth  UB7 0GB pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974  and has been fined £230,000 and ordered to pay costs of £21,623.

Speaking after the hearing, HSE inspector Sara Lumley said: “This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

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

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

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

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

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

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

Notes to Editors:
1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: Construction- Roof work industry health and safety 
3. HSE news releases are available at http://press.hse.gov.uk

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

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

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

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

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

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