News

HSE v Amber Precast Ltd: Injured worker reacts

A father-of-two has revealed he was forced to move homes and unable to say goodbye to his dad after sustaining life-changing injuries following a horrific incident at work.

Wayne Hatton’s legs were crushed by an 800kg steel pallet that was being removed from a concrete cast, leading to the amputation of his lower right leg and two toes on his left foot.

His employer Amber Precast Ltd was fined £60,000 last week following a prosecution by the Health and Safety Executive (HSE), which found the company had not implemented a safe system of work to ensure the pallet could be removed safely. HSE guidance can be found at: Provide information, training and supervision: Overview – HSE

Wayne Hatton and dad Henry

The 50-year-old, who was 46 at the time of the incident on 14 January 2021, later spent seven weeks in hospital and was bed bound for nine months after sustaining the injuries.

“I still get flashbacks about what happened,” Wayne said.

“Adapting mentally has been hard. Everyone always says you have handled it really well but they don’t see you on a day-to-day basis, just getting out of bed, putting your leg on and off and getting in and out of the shower and toilet.

“They just see me having a laugh and a joke about it, they don’t see everything else. I try and keep positive but dealing with it mentally has been hard.”

While the incident took a toll on Wayne’s mental and physical health, his relationship with his eldest son Jayden was also affected as he began to take care of his dad during his recovery.

Wayne, who lives in Doncaster, said: “He was only 17 at the time and it took a massive strain on him having to look after his dad.

Wayne Hatton and mother Marine

“At the time it was a massive strain on us both. I was trying to deal with everything and he was trying to look after me.

“He didn’t realise what comes into running a house, washing, cleaning and everything else. And he was trying to have a social life as well, which he couldn’t do, so it was hard for both us, frustrating and we fell out a lot of times.”

As a result of his injuries, Wayne, who used to play golf and go to the gym prior to the incident, now wears a prosthetic leg and moved from his house to a bungalow which addresses his physical condition.

The biggest impact however came three months later in April 2021, with Wayne unable to be with his dad as he passed away.

He said: “The hardest part for me was my dad had only had six months to live and in the last three months, I only got to see him twice before he died. That was harder for me than losing my leg. I didn’t get to say goodbye to him, which still hurts now.”

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 Kent timber firm after worker loses three fingers

A company has been fined after an employee had three fingers severed by a panel saw at work.

David Broadway, 36, had been working at Pemberton Timber Frame Limited, a company that manufactures timber frame structures for the construction industry, at its site in Evelyn Way in Ramsgate on the morning of 4 January 2023.

He was operating a panel saw and asked to cut down the thickness of a length of timber – known as a rip cut. This process involved passing a length of timber through the panel saw multiple times as the timber exceeded the depth the blade could cut in one pass.

CCTV footage shows Mr Broadway successfully completing the cut before flipping the length of timber over, but he soon found the second cut much more difficult. He can been seen attempting to feed the timber through the saw and while receiving it from the cut end, his right hand made contact with the saw blade, instantly amputating his index, middle and ring fingers, also cutting his little finger.

Mr Broadway had been operating a panel saw at the time of the incident

Mr Broadway said the accident has massively impacted in aspects of his life.

“I used to do weight lifting, ride my bike and keep active,” he said.

“I used to work a lot with my hands and I am now getting frustrated as I can’t do these things.

“Even normal activities like cooking or taking a shower are a challenge. It makes me feel stressed as I can’t do the everyday activities I used to do.”

Mr Broadway now also struggles to care for his children, including his young son, born after the accident.

A Health and Safety Executive (HSE) investigation found that Mr Broadway was asked to complete a task that was not suitable for the machine he was using. Pemberton Timber Frame Ltd had also failed to ensure he received sufficient training or instruction on how to use the panel saw safely, which would have included vital information about the limitations of the saw, guarding and other  safety features such as a riving knife and the use of a push stick. The saw riving knife was also absent at the time of the incident.

HSE has clear guidance on safe woodworking which includes how and when a rip cut is carried out – a panel saw with a circular blade must not be used unless the saw blade, at all times, projects through the upper surface of the material being cut.

The investigation also discovered that the company had appropriate machines to undertake this task safely but Mr Broadway was unaware of this due to his lack of training.

On 8 January 2025, Pemberton Timber Frame Ltd of The Strand, Walmer, Kent pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 at Sevenoaks Magistrates’ court. The company was fined £12,000 order to pay full costs of £4,034.

Speaking after the hearing, HSE principal inspector Ross Carter said: “Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers.

“If a suitable safe system of work had been in place prior to the incident, the life changing injuries sustained by Mr Broadway would not have happened.”

The HSE investigation was conducted by HM inspector Simon Asakura-Cornish and the prosecution brought by HSE enforcement lawyer Samantha Wells, support by paralegal officer David Shore.

Notes to editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.

 

Company fined after dad’s legs crushed by 800kg pallet

A manufacturer in Sheffield has been fined after a steel pallet landed on an employee, leaving him permanently disabled.

The 800kg load crushed Wayne Hatton’s legs during a night shift at Amber Precast Ltd’s factory on 14 January 2021.

Mr Hatton, from Doncaster, had his right lower leg amputated with two toes on his left foot also being removed following the incident at Davy Business Park.

Wayne (left) and his mother Marine

The pallet was being removed from a reinforced concrete cast when it fell onto the father-of-two, who had only recently been employed by the firm as a supervisor.

The then 46-year-old spent seven weeks in hospital and now has a prosthetic leg after his right lower leg was amputated.

A Health and Safety Executive (HSE) investigation found the pallet had not been secured onto the lifting chains of the overhead crane before being removed from the concrete cast. This meant the pallet was not supported whilst being moved.

Wayne (right) and his father Henry

The investigation also found Amber Precast Ltd failed to consistently implement a system of work to ensure the pallet could be removed safely. Mr Hatton, now 50, and other members on his team had not received any information or instructions on how to remove the pallet safely.

HSE guidance can be found at: Provide information, training and supervision: Overview – HSE

Amber Precast Ltd, of Davy Business Park, Prince Of Wales Road, Sheffield, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £60,000 and ordered to pay £5,406.31 in costs at Sheffield Magistrates’ Court on 9 January 2025.

HSE inspector Jane Fox said: “This incident could so easily have been avoided with the correct instruction and implementation of an agreed safe working procedure. Amber Precast Ltd left its employees to work out their own methods of completing the pallet removal task, instead of providing them with suitable training and equipment so it could be done safely every time.”

This prosecution was brought by HSE enforcement lawyer Andy Siddall and supported by HSE paralegal officer Rebecca Withell.

Wayne (left) and his eldest son Jayden

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.

New simplified advice for installers of stone worktops

Britain’s workplace safety regulator has published a helpful guide of do’s and don’ts for people installing stone worktops.

The Health and Safety Executive’s (HSE) guidance is designed to remind dutyholders and workers about the need to ensure that suitable procedures and controls are in place to help protect against exposure to stone dust and prevent workers breathing in respirable crystalline silica (RCS).

Stone workers are at risk of exposure to airborne particles of stone dust containing RCS when processing stone, including engineered stone, by cutting, chiselling and polishing. Over time, breathing in these silica particles can cause irreversible, life-changing and often fatal respiratory conditions such as silicosis, chronic obstructive pulmonary disease and lung cancer.

HSE’s guidance covers: Competent staff & effective processes, Pre-Installation, On-site Installation, and Post-installation.

Here are just some of the important steps that can be taken to minimise the risk of exposure:

A link to the guidance is available here – Silica in Stoneworking – Work Right to keep Britain safe.

Mike Calcutt, Deputy Director at Health and Work, said: “HSE will continue to work with industry stakeholders to raise awareness of managing the risks from exposure to respirable crystalline silica.  It’s important that businesses act now to ensure they comply with the law and protect their workers from serious lung diseases.

“Great Britain has a robust and well-established regulatory framework in place to protect workers from the health risks associated with exposure to hazardous substances. We want employers and workers to make sure they are aware of the risks associated with the activities they do, and that’s why we are sending this reminder.

“HSE’s inspectors have often found poor management of control measures including water suppression, dust extraction, equipment maintenance, cleaning and RPE provision. Employers should ensure suitable control measures are properly used and maintained.”

Employers have a legal duty to create suitable arrangements to manage health and safety and ensure they comply with the Control of Substances Hazardous to Health Regulations 2002 (COSHH) (as amended). Businesses should have in place effective control measures, including combinations of the enclosure and automation of processing equipment, use of water suppression and control of any mist generated and personal protective equipment such as RPE, to reduce workers’ exposure to the RCS.

You can sign up for regular updates from HSE on  silica here.

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 guidance on stone processing is available in the following HSE guides:
  3. ST0: Advice for Managers
  4. INDG463: Control of exposure to silica dust – A guide for employees
  5. HSG201: Controlling exposure to stone dust
  6. Further details on the latest HSE news releases is available.

Health and Safety Executive turns 50

The national regulator for health and safety in Great Britain today (1 January) celebrates its 50th Anniversary.

Created by the Health and Safety at Work etc Act 1974, the Health and Safety Executive (HSE) was officially launched on 1st January 1975.

For the last 50 years it has played a central role in reducing workplace death and injury, helping Great Britain become one of the safest places in the world to work. In 1974, 651 employees were killed at work; HSE’s latest annual statistics for 2023/24 show that number had reduced to 138.

Sarah Albon, chief executive of HSE, has said that despite the transformation of Britain’s workplaces over the past half century, the mission of the regulator remains as relevant as ever.

Sarah said: “Over the past half century, the Health and Safety Executive has led the way in establishing Great Britain as a safe place to work. As we look ahead to the next 50 years, we recognise there is still much for HSE to take on.

“We’re proud of our successes over the last five decades, but the fact remains that any work-related death is a tragedy, and there are still far too many workers suffering ill-health brought about by work activity.

“In 2022, we launched our 10-year strategy, Protecting People and Places, to build on HSE’s strong foundations and address our current and future challenges.

“So today, HSE’s role goes beyond worker protection to include public safety assurance on a range of issues. Recent years have added new responsibilities, such as becoming the appointed Building Safety Regulator and playing an extended role in chemical regulation, post Brexit.

“It is hard to foresee what the world of work will look like in the next 50 years but as ever, our fundamental principle will continue to be to make sure that those who create risk, take responsibility for controlling risk, and those who fail to do so will be held to account.

“We will continue to work with businesses, with industry, with other regulators and with government, to enable strong economic growth, while we continue to deliver our founding principles as we work to protect people and places.”

Minister for Social Security and Disability,  Sir Stephen Timms, said: “I’m delighted to wish a very happy 50th anniversary to the Health and Safety Executive.

“Over the last half-century this organisation has been at the heart of efforts to protect people and places across Britain: I would like to thank them for this vital work.

“As we support more people to get into work through our Get Britain Working White paper, and as we move to strengthen protection for workers, their mission will be as important as ever – now and long into the future.”

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.

Health and Safety Executive Chief Executive awarded in the New Year’s Honours List

The Chief Executive of the Health and Safety Executive (HSE) Sarah Albon has been recognised in the New Year’s honours list.

Sarah has been appointed a Companion of the Order of Bath for her services to the public sector.

The honours are given by the King and recognise achievements of people from across the United Kingdom.

Sarah Albon said: “It is a great privilege to have been awarded a CB in the King’s New Year’s Honours list.

HSE CEO Sarah Albon

“I’m proud to be a civil servant working on behalf of the public, and proud of the teams I lead. I have been very fortunate to work with dedicated and talented colleagues throughout my career and I see this award as testament to their achievements as much as my own.”

Chair of the HSE Board Sarah Newton added: “It’s a pleasure to work with Sarah Albon who over the past five years at HSE has led the organisation through significant challenges and change.

“Since becoming Chief Executive of HSE in 2019, Sarah has provided outstanding leadership, implementing major initiatives of national significance, protecting people and places. I’m pleased to see this award rightly recognise Sarah’s contribution, both here at HSE and in her roles across the Civil Service, and I am delighted to congratulate her on this achievement.”

Sarah joined HSE in 2019 and led the organisation’s response to the Covid-19 pandemic. Prior to HSE, Sarah was Chief Executive of the Insolvency Service. Before that, she worked for the Ministry of Justice and its predecessor departments.

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.

Company fined as worker breaks leg from fall

A company has been fined £120,000 after an employee broke his leg while working on a property in Salisbury.

The man, who was 23 at the time, fell from the roof of the house on Sherfield English Road while working for EE Renewables Limited on 16 December 2022.

He had been adjusting a solar panel when he slid and fell four metres onto the ground below, sustaining a broken femur as a result.

A Health and Safety Executive (HSE) investigation found EE Renewables Limited had not properly planned the work at height and failed to take suitable steps to prevent a fall. The company had been hired by the homeowner to move nine solar panels higher up on the roof.

The company had been hired to move solar panels on the homeowner’s roof

HSE guidance can be found at: Work at height – HSE

EE Renewables Limited, of Salterns Lane, Fareham, Hampshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £120,000 and ordered to pay £4,716 in costs at Swindon Magistrates’ Court on 23 December 2024.

HSE inspector Sam Applebee said: “EE Renewables Limited did not properly plan this work so it could be carried out in a safe manner. There were inadequate means of protecting the workers from falling off the roof, with the company failing to provide edge protection.

The worker fell four metres onto the ground below

“Working at height remains one of the biggest causes of injuries and fatalities in Britain, so it is important that companies ensure they implement the correct control measures and safe working practices.”

This prosecution was brought by HSE enforcement lawyer Karen Park 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.

 

Drinks giant fined after worker sustains serious burns

An international drinks manufacturer has been fined half a million pounds after an employee sustained burns to over 30% of his body.

The mechanical engineer had been repairing a defective pump at Diageo’s Glenlossie Distillery Complex in Elgin on 24 March 2021 when he was burned by pot ale.

The liquid, which had a temperature of 104 degrees Celsius, came out suddenly and unexpectedly from a pipe.

The worker sustained burns to his arms, hands, shoulders, back, chest, lower legs and ankles, before spending two weeks in intensive care where he was placed in an induced coma.

A Health and Safety Executive (HSE) investigation found Diageo failed to do all that was reasonably practicable to ensure maintenance operations could be carried out without a worker being put at risk of injury.

HSE guidance on the safe isolation of plant and equipment is freely available and provides steps to prevent the release of substances that are hazardous including hot, flammable and toxic substances.  The guidance can be found at The safe isolation of plant and equipment – HSG253

The incident took place at Diageo’s Glenlossie Distillery Complex

Diageo Scotland Limited, of Lochside Place, Edinburgh, pleaded guilty to breaching Sections 2(1), 2(2)(a), 2(2)(c), 33(1)(a) and 33(1)(c) of the Health and Safety at Work etc. Act 1974. The company was fined £500,000 at Inverness Sheriff Court on 16 December 2024.

HSE inspector Isabelle Martin said: “This incident could so easily have been avoided by ensuring that procedures were in place to ensure that changes to work equipment installed in the plant were safe.  However, more importantly Diageo should have had procedures in place to ensure that plant could be isolated safely and prevent the release of hazardous and dangerous substances.

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

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.

Company and director sentenced for putting workers at risk

A roofing firm has been fined while its director has been handed a suspended prison sentence after putting the lives of workers at risk during a roof renovation in Surrey.

Weather Master Roofing Limited and company director Jack Avanzo, also known as Jack Avenzo, were sentenced at Brighton Magistrates’ Court on Monday following a prosecution by the Health and Safety Executive (HSE).

The HSE investigation found workers were seen operating without any scaffolding or edge protection on the roof of a house on Flint Hill, Dorking, on 21 February 2023. This put the workers at risk of falling from height, while there were also no measures to mitigate a fall, with the likes of harnesses not being used. Workers were also observed using the lights from their phones and torches while working on the property at night.

The workers had been renovating the roof of a property in Surrey.

The group were working under the control of Weather Master Roofing Limited and Mr Avanzo, 20.

HSE subsequently served Weather Master Roofing Limited with an Improvement Notice on 28 February 2023. The notice required the company to improve how it planned, carried out, supervised and monitored the work that was taking place on the roof.

The company failed to comply with the notice.

HSE has clear guidance on its website about how to plan and carry work at height out safety, including the preventative measures required.

Workers were observed using the lights from their phones and torches at night.

During a sentencing hearing at Brighton Magistrates’ Court on 2 December 2024:

HSE inspector Stephanie Hickford-Smith said: “Falls from height are still the single biggest cause of work-related deaths in Great Britain. The law is clear – suitable and sufficient measures must be taken to prevent, where reasonably practicable, any person falling a distance liable to cause personal injury. Support and practical guidance on how to comply with the law is publicly available, free of charge. There is no excuse for putting workers lives at risk.”

This prosecution was brought by HSE enforcement lawyer Iain Jordan and supported by HSE paralegal officer Rebecca Forman.

 

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.

Company failed to manage legionella risk as prisoner dies

A company has been fined after it failed to manage the risk of legionella bacteria in the hot and cold water systems at HMP Lincoln.

The Health and Safety Executive (HSE) investigation followed the death of an inmate.

Amey Community Limited has now been fined £600,000 after pleading guilty to a health and safety offence.

Graham Butterworth died on 5 December 2017 after contracting Legionnaires’ disease while serving a prison sentence at HMP Lincoln.

Water samples from Mr Butterworth’s cell and nearby shower blocks tested positive for legionella days after the 71-year-old died.

HSE guidance states any risks of exposure to legionella needs to be identified and managed. Further guidance can be found at: Legionella and Legionnaires’ disease – HSE.

The investigation, carried out by HSE inspector Aaron Rashad, found Amey Community Limited, which provided facilities management services at HMP Lincoln, failed to act on a risk assessment carried out in 2016, failed to put in place a written scheme for preventing and controlling legionella risks, failed to ensure that appropriate water temperatures were maintained and failed to monitor water temperatures in the water system in October and November 2017. This allowed legionella bacteria to multiply rapidly.

Amey Community Limited, of Furnival Street, London, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £600,000 and ordered to pay £15,186.85 in costs at Lincoln Magistrates’ Court on 3 December 2024.

HSE inspector Stacey Gamwell said: “There is a legal duty to keep workers and inmates safe in prisons. The occupants of HMP Lincoln had been put at risk of legionella bacteria and developing Legionnaires’ disease because of Amey Community Limited’s failures.

“Companies such as Amey Community Limited need to ensure they have identified any risk of legionella and have suitable and sufficient arrangements in place for managing the risk and control measures they have implemented.”

This HSE prosecution was brought by HSE enforcement lawyer Andy Siddall and supported by HSE 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 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.