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

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.

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 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.

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

• Weather Master Roofing Limited, of Muswell Hill, Broadway, London, pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005, Section 33(1)(c) and Section 33(1)(g) of the Health and Safety at Work etc. Act 1974. The company was fined £4,000 and ordered to pay £1,500 in costs as well as a victim surcharge of £1,600.
• Jack Avanzo, of Ballyspillane, Killarney, County Kerry, Republic of Ireland, pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005, Section 33(1)(c) and Section 33(1)(g) of the Health and Safety at Work etc. Act 1974. He was handed a six-month prison sentence, suspended for two years, ordered to complete 120 hours of unpaid work and disqualified from being a director for three years. He was also ordered to pay £1,500 in costs.

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.

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.

A company and a contractor have been fined following the evacuation of 30 homes in a Derbyshire village.

Residents in Wessington were forced to leave their properties on 21 June 2022 after Elliott Kirk struck an underground gas main with a mechanical post knocker.

Mr Kirk had been installing fencing around Belper Skip Hire Limited’s farm on Brackenfield Lane after being contracted by the company.

The striking of the gas main led to over two million kilogrammes of gas being released, putting 30 homes in the surrounding area at risk of fire and explosion.

Sinead Martin, the investigating inspector at the Health and Safety Executive, said: “In this case, both Elliott Kirk and Belper Skip Hire Limited failed in their duties and, as a result, Mr Kirk and others in the vicinity were put at serious risk. It is extremely fortunate that this incident did not result in serious injury; had the gas ignited, the resulting explosion would have been catastrophic.”

The HSE investigation found Belper Skip Hire Limited was made aware of the location of the gas main and had been advised by Cadent, the asset owner, in May 2022 that no ground penetrating works were to be carried out in the vicinity. Despite acknowledging receipt of this information, the company failed to pass it on to Mr Kirk and allowed the work to continue. Mr Kirk failed to obtain underground service diagrams prior to starting the work, and failed to take any other steps to check for the presence of underground services.

Belper Skip Hire Limited, of Ascot Drive, Derby, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £26,667 and ordered to pay £3,173 in costs at Derby Magistrates’ Court on 2 December 2024.

Elliott Henry Kirk, of Castle Gate, Nottingham, pleaded guilty to breaching Regulation 16(2) by virtue of Regulation 25(4) of the Construction (Design and Management) Regulations 2015. He was fined £800 and ordered to pay £3,173 in costs at Derby Magistrates’ Court on 2 December 2024.

HSE inspector Sinead Martin added: “Prior to breaking ground, contractors must take suitable steps to check for the presence of underground services. They must then adopt safe digging practices to ensure that no buried services are damaged as a result of their work. Commercial clients have a duty to pass on all relevant pre-construction information within their possession to contractors to enable them to manage the risks.”

This HSE prosecution was brought by HSE enforcement lawyer Gemma Zakrzewski and supported by HSE paralegal officer Melissa Wardle.

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.

A company has been fined £1.6m after a 24-year-old man was crushed to death.

Jack Phillips lost his life on 8 August 2019 while working for Brand Energy and Infrastructure Services UK Ltd at South Cliff Tower in Eastbourne.

His parents say they are “no longer complete” following the loss of their “happy-go-lucky” son.

Jack had been assisting while temporary Mast Climber Work Platform sections were being lifted by a lorry mounted crane.

The load fell on top of Jack when the lifting sling which was attached to the crane snapped.

An investigation by the Health and Safety Executive (HSE) and Sussex Police found Brand Energy & Infrastructure Services UK Ltd, trading as Lyndon SGB, failed to properly plan the lifting operation of the work platform. The company, a provider of temporary access equipment, had failed to identify a requirement for safe exclusion zones. The company also failed to have a suitable robust system in place to ensure all accessories had been thoroughly examined or disposed when expired. This resulted in out-of-date slings being used.

HSE guidance can be found at: Lifting Operations and Lifting Equipment Regulations (LOLER) – HSE

Jack’s parents, Scot and Nichola, said in a statement: “How do you put into words the utter devastation you feel. Our child, our only son, is dead. Our life, our family’s life has now changed forever. We are no longer complete without Jack, we will never see our baby boy, the boy we nurtured and helped grow into a young man, get married, raise a family, or grow old.

“His sisters will never have the honour of him being an uncle to their children. We will never have the honour of seeing or meeting his children. Jack was a happy go lucky “Jack the lad”. Everyone who had the pleasure of meeting him, loved him.”

Brand Energy and Infrastructure Services UK Ltd, of Kingston Road, Leatherhead, Surrey pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £1,600,000 and ordered to pay £23,193.60 in costs at Brighton Magistrates’ Court on 27 November 2024.

HSE principal inspector Ross Carter said: “This tragic incident led to the wholly avoidable death of a young man. This death could so easily have been prevented if Jack’s employer had fulfilled its statutory duty to plan and manage the risks associated with lifting equipment and lifting operations.

“Brand Energy and Infrastructure Services UK Ltd failed in its duty of care to all its operatives, including Jack, in the way it planned and implemented the lifting operations and the slack customs and practices it allowed to become part of the safety culture with regard to lifting.”

This HSE prosecution was brought by HSE enforcement lawyer Alan Hughes and supported by HSE paralegal officer Helen Jacob.

Notes to editors:

1. 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.
   5. Following a trial, Mr Ronald Efferion was found not guilty of breaching Section 7(a) of the Health and Safety at Work etc. Act 1974.

The owner of Ginsters has been fined £1.28 million after an employee was killed by a lorry that was delivering supplies to the bakery where it makes its pasties.

Paul Clarke was fatally crushed on 2 December 2021 after being struck by the vehicle as it reversed into a loading bay at The Cornwall Bakery, Callington, operated by Samworth Brothers.

He was taken via helicopter to Derriford Hospital, where he later lost his life.

“Our lives will never be the same without Paul,” his mother has said in a statement.

The 40-year-old, who worked as an intake operator at the bakery, had been moving strip curtains in the loading bay before being struck by the lorry.

A Health and Safety Executive (HSE) investigation found Samworth Brothers had not assessed the risks associated with the temporarily installed strip curtains and that there was no safe system of work to move them out of the way when the lorries reversed into the loading bay. The strip curtains had been installed in place of a faulty roller door.

The site staff had not been provided with training or instructions to move the curtains and had devised their own methods, which included standing in the yard behind reversing vehicles. Mr Clarke was new to the role and was working his first lone shift. Management failings had not picked up the additional risks associated with this task.

HSE guidance can be found at: Introduction to workplace transport safety – HSE

Bernice, Paul’s mother, said in a statement: “Paul was a family man and loved big family holidays, which will never be the same without him. I have not been on a family holiday since I feel so much guilt towards Paul, we don’t celebrate Christmas as the date is too close and it is just not the same.

“Paul and I had a very special relationship between a mother and a son. We were always talking and catching up. I would call him every weekend and see what he was doing. He would always come out with us on a bike ride or a walk. We all miss Paul very much every day, our lives will never be the same without Paul.”

Samworth Brothers Limited, of Samworth Way, Melton Mowbray, Leicestershire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £1.28 million and ordered to pay £24,106 in costs at Plymouth Magistrates’ Court on 7 November 2024.

HSE inspector Aimie Baker said: “Bernice’s words make clear the impact the passing of Paul has had and our thoughts remain with her and her family.

“Workplace transport incidents involving pedestrians are a major cause of fatal injuries in the workplace with 25 such recorded fatalities in 2023/24. Employers should plan their workplace to reduce contact between pedestrians and vehicles.

“Their risk assessment should consider workplace transport activities, including loading and unloading, and ensure that pedestrians are safe from the risks associated with vehicle movements where they interact. The management arrangements further require employers to monitor and review their measures as appropriate for the risks.”

This HSE prosecution was brought by HSE enforcement lawyers Daniel Poole and Kate Harney, who were supported by HSE paralegal officer Imogen Isaac and HSE litigation officer Helen Vigus.

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.

A school trust in Surrey has been fined after part of a pupil’s finger was amputated.

The five-year-old boy, a Year 1 pupil at Danetree Primary School in Epsom, had been leaving the toilet on 15 June 2022 when his right hand slipped and went into the hinge side of a door.

There was no door guard installed and he trapped his right hand in the door.

This led to the tip of his middle finger becoming detached as his right hand was stuck in the door.

A teacher found the tip of his middle finger, and the boy underwent surgery to re-attach his finger at St Georges Hospital in Tooting, London.

Although younger pupils in Key Stage 1 were taught in a newer building where hinge guards had been fitted on the doors, the incident occurred in a separate building where the older children in Key Stage 2 were taught.

The Key Stage 1 pupils would use the Key Stage 2 building at least once a week to use its library and learn about music and science. While in this building, the Key Stage 1 pupils were allowed to use the toilets unsupervised.

A Health and Safety Executive (HSE) investigation into the incident found GLF Schools, the trust that runs Danetree Primary School, had failed to identify the risk to its Key Stage 1 pupils while using the toilets. This meant hinge guards were not installed on the toilet doors of the building where Key Stage 2 pupils were taught.

GLF Schools, of Picquets Way, Banstead, Surrey, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The trust was fined £6,000 and ordered to pay £6,875.70 in costs at Staines Magistrates’ Court on 30 October 2024.

HSE principal inspector Emma Stiles said: “This little boy and his family could have been spared a lot of pain and upset if the trust had installed widely available, effective and inexpensive hinge guards on the doors the young children had access to. I would ask all schools to review their estates to make sure they have hinge guards where needed so no other children are hurt in this way when at school.”

This prosecution was brought by HSE enforcement lawyers Jayne Wilson and Jon Mack and 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 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.
4. HSE made an application for a reporting restriction during this prosecution. This reporting restriction prohibits the publication of any information which may lead to the identification of the injured pupil.

The Secretary of State for Work and Pensions has confirmed two non-executive director appointments to the board of the Health and Safety Executive (HSE).

Professor Christopher Johnson and Dr Cathie Mackay replaced non-executive directors Susan Johnson and John McDermid on 1 October and will be in their roles for the next five years.

Chair of HSE, Sarah Newton, has welcomed the appointments.

She said: “I am delighted that Christopher and Cathie will be joining the HSE board. I am confident that they will both make a significant contribution. They are joining an effective and committed team of non-executive directors who are focussed on enabling the delivery of HSE’s vitally important mission of protecting people and places.”

Christopher was the first Chief Scientific Advisor to the UK Department of Science, Innovation and Technology, whereas Cathie has held health and safety leadership roles at FTSE 100 companies.

A registered safety practitioner, Cathie has led international graduate deployment programmes for environment, health and safety professionals, holds a PhD in environmental management and auditing and is also a non-executive director at the Institute of Environmental Management and Assessment.

After setting up and leading cyber security labs for UK civil nuclear licence holders, Christopher later became head of computing at the University of Glasgow, before serving as pro vice chancellor for engineering and physical sciences at Queen’s University Belfast.

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.

A farmer from Hampshire has received a suspended prison sentence after a worker fell to his death.

Phillip France lost his life after falling from the roof of a cow shed at Tickner Bros in Hampshire.

The self-employer labourer had been dismantling the cow shed with two other workers when he fell through a rooflight, landing on the concrete floor below on 7 June 2021.

He died from his injuries on 13 June 2021.

The team of workers had been working under the control of Philip Tickner.

An investigation by the Health and Safety Executive (HSE) and Hampshire Constabulary found Mr Tickner failed to put arrangements in place to either avoid working at height, prevent a fall or mitigate the consequences of a fall. None of the team of workers were competent enough to work at height as they lacked the understanding of the risks and the associated controls to manage the risks while working at height.

The joint investigation found Mr France had been removing bolt heads from the roof panels with his two colleagues who were walking along the roof with the removed panels, before loading them onto a telehandler. Mr France’s colleagues largely continued this working practice the day after the 57-year-old fell.

HSE guidance can be found here.

Philip Tickner, of Upper Lanham, Old Alresford, Alresford, Hampshire, pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974. He was handed a six-month custodial sentence, suspended for 18 Months, and ordered to pay £2,000 in costs at Winchester Crown Court on 18 October 2024.

HSE inspector Nicola Pinckney said: “Mr France was a well-known and liked man who lived in the local area and worked on different farms. He regularly visited and helped his elderly mother. He also leaves behind a sister and two brothers.

“This was a tragic incident that could so easily have been avoided. Readily available work at height equipment, and well known safe systems of work could have been created and implemented, using workers who were trained and competent to work at height, none of which happened in this case. I hope this case serves as an example and a reminder to others in the industry of the deadly risks they often undertake and how they should be approached.”

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.

A contractor from Dorset has been fined after a tree fell onto a forestry worker and left him with life-changing injuries.

The 61-year-old man, who was 58 at the time, is now paralysed from the stomach down after the 21-metre ash tree landed on top of him at The Fonthill Estate in Salisbury, Wiltshire on 12 January 2022.

Gerald Hayward, who had been contracted as part of an ash dieback clearance programme, had been cutting the tree before it fell.

Mr Hayward, trading as G H Hayward Forestry Contractors, had been making a back cut to the tree when it fell in the wrong direction.

It then landed on the injured worker, who was standing in a nearby bridle path.

The worker, from Frome in Somerset, sustained eight broken ribs, a broken pelvis, two broken ankles, a collapsed lung and internal bleeding.

He was placed in an induced coma for two weeks and later spent four months in hospital.

An investigation by the Health and Safety Executive (HSE) found Mr Hayward, who was in charge of the tree felling, failed to implement a safe working zone around the tree as it was being felled. A safe working zone is usually twice the size of the tree, with only the felling operator permitted inside the zone. The tree fell in the unintended direction as the cut made by Mr Hayward did not leave a functioning hinge.

Gerald Hayward, of Blandford Forum, Dorset pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974. He was fined £1,000 and ordered to pay £1,000 in costs at Salisbury Magistrates’ Court on 15 October 2024.

HSE inspector James Hole said: “This was a serious incident that has led to an individual sustaining life-changing injuries meaning he is now unable to work and requires lifelong care.

“Mr Hayward failed to create a safe working zone around the tree while it was being cut down – this is a standard working practice for tree felling in woodland.

“He failed to implement the correct control measures and a safe system of work. Had Mr Hayward done this then this incident would have been prevented and the individual would not be paralysed and facing the rest of his life without the use of his legs.”

This HSE prosecution was brought by HSE enforcement lawyer Gemma Zakrzewski and supported by HSE paralegal officer Gabrielle O’Sullivan.

Notes to editors:

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