• Both workers “fortunate to be alive”, says HSE lawyer
• HSE guidance available on working from height and safe handling of baggage
• Specific guidance on airside safety management available from Civil Aviation Authority

British Airways has been fined more than £3million after two employees fell from height and sustained serious injuries.

The airline was prosecuted by the Health and Safety Executive (HSE) following two separate incidents at Terminal 5 at Heathrow Airport.

On 25 August 2022, a 54 -year-old employee had been unloading baggage containers from an aircraft when he slipped off a televator and landed 1.5 metres onto the ground below. He suffered serious back and head injuries, including a fractured vertebrae, as a result.

The HSE investigation found there were gaps between the televator’s guardrails and the aircraft fuselage, the size of which depended on the type of aircraft, creating the fall from height hazard. The gaps increased in size after the front of the televators’ platforms at Terminal 5 were extended – but additional measures to prevent falls from height had not been implemented.

At the time of the incident, British Airways had started a programme to retrofit extendable guardrails to televators in response to previous HSE visits. This was completed following the incident.

In the second incident a British Airways worker sustained head injuries, including a fractured jaw and bleeding on the brain, on 8 March 2023, while unloading baggage containers from an aircraft following its arrival from Seattle. The 43-year-old fell from an elevator and landed three metres onto the ground below.

Both employees were taken to hospital for treatment and had to take several months off work.

The HSE investigation into this incident identified a risk of employees falling from height from the front of the elevator platforms when they were being used during loading and unloading of some aircraft types. Flaps on either side of the platform would be left folded down leaving a gap between the platform and aircraft fuselage.

It also found that the elevator’s operator platform had not been fully extended towards the aircraft, creating a gap which employees could fall through.

Falls from height remain one of the leading causes of workplace injury and death. HSE has detailed guidance on working safely at height while the Civil Aviation Authority has guidance with input from HSE on ground handling activities, including aircraft loading, on its website.

British Airways PLC, of Waterside, Speedbird Way, Harmondsworth, Greater London, pleaded guilty to two charges under Regulation 6(3) of the Work at Height Regulations 2005.

The company was fined £1.33million in relation to the August 2022 incident, and £1.875million in relation to the March 2023 incident. The company was also ordered to pay £20,935 in costs at Southwark Crown Court on 15 May 2025.

HSE enforcement lawyer Rebecca Schwartz, who brought the prosecution, said:

“Falls from height present a real risk of death or serious, life-changing injury. Both employees are fortunate to be alive today.

“The risks of working at height and the necessary control measures are well established – in these cases adequate guardrails would have significantly reduced the risk of harm. This was a reasonably foreseeable risk that British Airways should have been aware of and therefore it should have done more to protect its employees.”

Moving baggage between an aircraft and the luggage carousel in the terminal building is dynamic and time-pressured. It therefore comes with a range of risks to baggage handlers. Several HSE inspections have taken place at Heathrow Airport, identifying risks with manual handling and maintenance of equipment as well as falls from height. Airlines and ground handling companies have needed to take action as a result of these visits. HSE guidance is available here.

This HSE prosecution was supported by HSE paralegal officer Melissa Wardle.

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.

• Stephen Pywell fell while walking on roof beams
• HSE guidance on working at height is available

The director of a Leicester-based construction company has been given a suspended prison sentence after a man fell from height while working on a house extension and died in hospital several weeks later.

Stephen Pywell was working under the control of Affordable Lifestyle Design Limited at a site in Thurmaston on 18 March 2019. It was during the roof construction phase when the 59-year-old fell while walking on the beams. He had accessed the beams via a ladder, however there was no edge protection in place to prevent falls. He fell from a height of just under eight feet. He was taken to hospital where he underwent surgery, but died several weeks later on 13 May as a result of his injuries.

An investigation by the Health and Safety Executive (HSE) found that James Pitsillides, the director of Affordable Lifestyle Design Limited, had failed to manage the roof work. This included ensuring that roofing subcontractors, including Mr Pywell, were not exposed to health and safety risks.

Pitsillides pleaded guilty and was given a 20-week prison sentence, suspended for two years. The district judge also ordered him to complete 200 hours of unpaid work.

Working at height remains one of the leading causes of workplace injury and death and HSE has detailed guidance on working safely at height.

That guidance states that work at height must be properly planned, appropriately supervised and carried out in a manner that is safe. The “hierarchy of control” prioritizes collective fall prevention measures, for example scaffolding with suitable edge protection. If this isn’t feasible, fall mitigation measures like airbags or netting should be considered to reduce the consequences of a potential fall. In this case, none of these measures were used, and workers were accessing the roof with a ladder and no additional fall prevention measures in place.

James Pitsillides of Orchard Lane, Great Glen, Leicester, pleaded guilty to breaching Section 37 of the Health and Safety at Work etc. Act 1974, relating to an underlying breach of s.3(1) by his company. He received a 20-week prison sentence, suspended for two years and must complete 200 hours of unpaid work. He was also ordered to pay £10,000 in costs at Leicester Magistrates’ Court on 7 May 2025.

HSE inspector Phil Gratton said: “Every year, a significant number of incidents occur in construction as a result of poorly planned work at height.

“This was a wholly avoidable incident, caused by the failure to implement simple fall protection measures. Had the company used suitable work equipment or devised a safe system of work, Mr Pywell’s tragic death could have been avoided.

“Our thoughts remain with his family and friends.”

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 has detailed guidance on working safely at height.
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.

• HSE guidance on working at height and safe use of machinery is available

A North Yorkshire company has been fined more than half a million pounds after a night shift worker fell to his death.

Mark Pinder, 51, was working for East Riding Sacks Ltd, a manufacturer of paper sacks, at its site in Stamford Bridge, near York, when the incident happened on 11 February 2023.

Mr Pinder, from York, had been operating one of the production lines when a blockage occurred on the upper deck of the machinery. After identifying the cause, he attempted to remove the blockage. He had been standing on the stationery metal rollers when his colleagues witnessed part of the machine being activated. Mr Pinder was struck by the machine which caused him to lose his footing.

He fell approximately three metres from the unguarded edge of the metal rollers to the factory floor below.

Although paramedics were called to the factory, he died at the scene as a result of his injuries.

An investigation by the Health and Safety Executive (HSE) found that East Riding Sacks Ltd failed to provide a robust safe system of work. This related to the isolation of the sack making line and the removal of blockages. They also failed to identify the risk from a fall from height and implement appropriate measures.

Falls from 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 also found that workers routinely cleared blockages themselves, relying solely on the interlock guarding to stop the machine, even though they had not been adequately trained in isolation or blockage removal procedures. In addition, workers were using the conveyor belt as a shortcut between gantries, often climbing over the handrails onto the equipment rather than down the stairs and walking around. Management were unaware of this practice.

HSE guidance states employers must take effective measures to prevent access to dangerous parts of machinery and to avoid work at height where possible. Where routine access is required to components, suitable measures should be taken to stop the movement of dangerous parts before a person can reach a danger zone. Further guidance can be found here: https://www.hse.gov.uk/work-equipment-machinery/puwer-overview.htm

East Riding Sacks Ltd, of Full Sutton Industrial Estate, Stamford Bridge, Full Sutton, York, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 . The company was fined £533,000 and ordered to pay £6,066 in costs at Hull Magistrates Court on 30 April 2025.

HSE inspector Elliot Archer said: “Every year, a significant proportion of accidents, many of them serious and often fatal, occur as a result of people accessing dangerous parts of machinery and working at height.

“Where access beyond machinery guarding and safety devices is required for the removal of blockages, robust isolation procedures to remove all sources of power should be implemented alongside a suitable safe systems of work.

“Had these been in place, and the recognition of work at height being undertaken been flagged by the company, with appropriate controls implemented, this incident would have been avoidable”

This HSE prosecution was brought by HSE enforcement lawyer Karen Park and paralegal officer Lucy Gallagher.

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. Guidance on the provision and use of work equipment can be found here: https://www.hse.gov.uk/work-equipment-machinery/puwer-overview.htm
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 in England can be found here and those for Scotland here.

• Man fell through fragile roof in Dudley.
• Company, now in liquidation, does not escape criminal sanction
• Detailed guidance on both working on fragile surfaces and working at height is available from HSE.

A company and its operations manager have both been fined after a man fell to his death through a roof at its site in Dudley.

Maciej Rozanski, who was 42, had been working to remove a redundant steel cleaning machine from the company’s Sovereign Works site on Deepdale Lane, on 29 June 2018. However, during the work, Mr Rozanski stepped onto a fragile roof and fell more than 20 feet to the floor below. He suffered serious injuries and was pronounced dead at the scene.

Surface Technik (Old Hill) Limited, which is now in liquidation, was found guilty following a trial earlier this week, while Robert Hammond had already entered a guilty plea, but disputed he was responsible for health and safety at the site. This prosecution was brought following an investigation by the Health and Safety Executive (HSE).

The HSE investigation found that the company began the work to remove the machinery in December 2017 and that project was led by Robert Hammond. The steel cleaning machine was housed in a corrugated steel tower on the side of the main production building which required partial dismantling in order to remove the machine. On the day of the incident, Mr Rozanski and another employee were tasked with the dismantling works. Once at the top of the tower they used an angle grinder to remove bolts holding the corrugated steel plates in place. It was during this activity that Mr Rozanski fell to his death.

There was no suitable and sufficient risk assessment made for the work at height activities.  The work to remove corrugated steel sheets from the disused tower was carried out at height, near to a fragile roof surface without suitable access equipment or safe working practices.  The work was not properly organised, planned, appropriately supervised or carried out in a safe manner and the employees were not trained for working at height when the incident occurred.

• HSE has detailed guidance on working safely at height and also when working on or near fragile surfaces.

Surface Technik (Old Hill) Limited formerly of Deepdale Lane, Dudley was found guilty by a jury of a breach of Section 2 (1) of the Health and Safety at Work etc. Act 1974 and have been fined £90,000 and ordered to pay costs of £28,956 at a hearing at Wolverhampton Magistrates Court on 21 March 2025.

Robert Hammond of Sutton Coldfield accepted that he did not take reasonable care for the health and safety of both employees when he pleaded guilty to breaching Section 7 of the Health and Safety at Work etc. Act 1974. Mr Hammond was fined £8,500 and pay the same amount in costs.

Speaking after the hearing, HSE inspector Sarah Smewin said “Working from height remains a leading cause of workplace death and injury.

“This case highlights the risks of working at height from or near to fragile roof surfaces and the importance of a risk assessment, proper planning, training and supervision of work at height and the use of suitable access equipment to ensure that the work can be carried out safely.

“It also demonstrates that placing a company into liquidation is no bar to prosecution.”

This HSE prosecution was brought by HSE enforcement lawyer Andrew Siddall and paralegal officer Gabrielle O’Sullivan.

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 Work at height – HSE; Fragile surfaces – 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.
6. HSE will always carefully consider any insolvency process and weigh that against the public interest of prosecuting a company that breaks the law.
7. If necessary, we will take steps to prevent a company from being dissolved whilst criminal proceedings are ongoing.

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 North-East manufacturing company has been fined more than £200,000 after a worker sustained serious burns to his hands.

Inspectors from the Health and Safety Executive (HSE) visited Novares Peterlee Limited on 30 March 2022. During the visit to the site on Northwest Industrial Estate, inspectors found unsafe working practices, including workers operating machinery at height, with risks of falling. Due to the safety failures, inspectors served eight prohibition notices against the company.

Further investigations during the visit determined that an employee had sustained serious burns to his hands on 13 October 2021, due to an incident involving an injection moulding machine. The injured worker had placed the machine in manual mode when he noticed that there were some ‘pips’ of hardened plastic material on the machine nozzles. He entered the machine, flicked the pips off, at which point molten nylon, at a temperature of approximately 260-300C, ejected from the machine and hit him. The molten nylon hit him in the hands and chest, causing significant burns.

The subsequent HSE investigation found the worker had not retracted the machine carriage to release the pressure before entering the mould area, and he was not wearing suitable PPE. They also found the company’s safe system of work which was in place at the time of the incident, did not contain adequate detail on the task and safety controls for the clearance of blockages, and the man had not received formal training on a safe system of work to remove blockages from the injection moulding machines.

Novares Peterlee Limited, Northwest Industrial Estate, Fiennes Road, Peterlee, pleaded guilty to breaching the Sections 2(1) of the Health and Safety at Work etc. Act 1974 and The Provision and Use of Work Equipment Regulations 1998, Regulation 12 (1). The company was fined a total of £204,000 told to pay £6,272 in costs at Peterlee Magistrates Court on 14 February 2025.

After the hearing, HSE inspector Clare Maltby said: “This company failed to protect its workers from several risks, including working at height.

“Falls from height remain one of the leading causes of workplace injury and death in the workplace.

“Companies who operate injection moulding machines should risk assess work at height and setting, fault finding and maintenance tasks and devise and implement documented safe systems of work.”

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 Work at height – 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.

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.