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.

A company has been fined after a crane collapsed at its site on Falmouth Docks, putting more than 250 people at risk.

Emergency services declared a major incident following the collapse at A&P Falmouth on 10 May 2017 with the surrounding area being evacuated and cordoned off.

The crane had been operating above Royal Fleet Auxiliary (RFA) ship, Tidespring, when the driver noticed the jib was descending uncontrollably.

The driver managed to move the crane away from RFA Tidespring and over the dockside before it collapsed, with the jib landing on a cage of acetylene cylinders.

There were approximately 258 workers on site at the time.

A Health and Safety Executive (HSE) investigation found A&P Falmouth had failed to properly maintain the crane. Although the crane had been examined by a third-party, its recommendations regarding defects were not acted on by A&P Falmouth.

HSE guidance can be found at: Lifting Operations and Lifting Equipment Regulations (LOLER) (hse.gov.uk)

A&P Falmouth Limited, of Wagonway Road, Hebburn, Tyne and Wear pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £750,000 and ordered to pay £26,792.30 in costs at Truro Crown Court on 11 October 2024.

HSE inspector Melissa Lai-Hung said: “This was a very serious incident and it is fortunate nobody was injured or killed as a result of this catastrophic failure at Falmouth Docks.

“We thoroughly investigated this incident and found that A&P Falmouth Limited’s system of maintenance was not effective in preventing the collapse of the crane.

“This case not only highlights the importance of regular proactive maintenance but also the inspection of lifting equipment. Companies looking for advice in these areas can find readily-available and free guidance on the HSE website.”

This HSE prosecution was brought by HSE enforcement lawyer Vicki Hanstock and supported by HSE 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 can be found here.

Bosses across the whole of Great Britain have been warned that they risk losing valued team members if they fail to manage their workers’ stress levels in the workplace.

The Health and Safety Executive (HSE) is reminding British employers of their legal duties on World Mental Health Day (10 October).

HSE’s Working Minds campaign provides readily-available and free resources for employers to help recognise the signs and tackle the root causes of stress.

Around half of work-related ill health is down to stress, depression or anxiety with each person suffering taking an average of 19.6 days off work.

Kayleigh Roberts, Work-Related Stress Policy Lead at HSE, has urged employers to use World Mental Health Day to take the time to assess whether they are carrying out their legal duties and what they can do to prevent employees suffering from work-related stress.

She said: “We find many businesses focus on the ‘nice to have’ rather than making changes that will have a real impact. That means creating working conditions and an environment that prevents stress and supports good mental health – designing jobs with realistic workloads and targets, and encouraging people to have a healthy work-life balance.

“Prevention is better than cure – employers need to get proactive on reaching out and recognising the signs and causes of stress and bubbling issues in teams before they become problems. If you suspect you already have a problem, tackle it, it can be daunting but it’s important to address the root cause.

“Failing to manage stress at work could lead to reduced productivity, sickness absence, or even losing a valued member of the team. Our Working Minds campaign has all the resources you need to make a change. You can get started in your own workplace, and you can share the resources to help others to thrive.”

Launched in November 2021, Working Minds now has 35 partners, who have joined HSE’s campaign urging workplaces to take action on work-related stress and mental health.

Working Minds helps employers to follow five simple steps based on risk assessment. They are to Reach out and have conversations, Recognise the signs and causes of stress, Respond to any risks you’ve identified, Reflect on actions you’ve agreed and taken, and make it Routine.

There are six main areas that can lead to work-related stress if they are not managed properly. These are: demands, control, support, relationships, role and change. Factors like skills and experience, age, or disability may all affect someone’s ability to cope.

HSE has a free online learning tool for businesses with over 9,000 people already registered with over 90% saying it was easy to use and felt they could implement what they learned in their organisation.

Helpful resources:

• register for our free online learning
• download a risk assessment template
• see the Talking Toolkit for help structuring your conversations
• access resources to share with others

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. To read more about HSE’s Working Minds campaign click here
3. For press and media enquiries please contact media.enquiries@hse.gov.uk

A solvents manufacturer has been fined following an explosion at its factory in the Scottish Borders.

The blast at Rathburn Chemicals in Walkerburn on 10 January 2020 resulted in a laboratory, which was part of the factory, being demolished.

It was likely caused by excessive pentane vapour, generated by the company’s distillation process, overheating and being ignited by the site’s extraction system.

No one was injured by the explosion.

A Health and Safety Executive (HSE) investigation found Rathburn Chemicals had an inadequate system in place which failed to control the amount of steam and heat being generated during its distillation process. The company also failed to adequately detect any signs of overheating which could lead to flammable vapour being ignited.

HSE guidance can be found at: The Dangerous Substances and Explosive Atmospheres Regulations 2002 – Fire and explosion (hse.gov.uk)

Rathburn Chemicals (Manufacturing) Limited, of Caberston Road, Walkerburn, Peeblesshire, pleaded guilty to breaching Section 2(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974. The company was fined £40,000 and ordered to pay a victim surcharge of £3,000 at Lothian and Borders Sheriff Court on 20 September 2024.

HSE inspector Isabelle Martin said: “This was a serious incident and it is fortunate that no one was injured by the blast. The explosion could have been avoided had Rathburn Chemicals simply carried out the correct control measures and safe working practices.

“This case also highlights the risks from distilling flammable substances, the need for reliable control measures and adequate training of employees. Companies looking for further advice on this issue can find readily available guidance on the HSE website.”

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.

A company has been sentenced after a 62-year-old worker fell 10 metres to the ground and died during the construction of a new university facility.

The Health and Safety Executive (HSE) investigated the fall and subsequently prosecuted Balfour Beatty, with the firm fined £285,000 on Monday 16 September.

Igor Malka and a second contractor, Edmund Vispulskis, had been in a scissor lift while installing cladding during the construction of a new engineering hall at the University of Birmingham on 7 January 2020.

The pair, from Lithuania, fell approximately 10 metres when their scissor lift was pushed over by a nearby crane.

This led to Mr Malka losing his life while Mr Vispulskis sustained injuries to his spine and broken ribs, before spending seven weeks in a neck brace. Mr Vispulskis also required pins to be inserted in his pelvis and thigh.

Balfour Beatty had been the principal contractor while the National Buried Infrastructure Facility was being built at the university.

The crane was being used to move hydraulic equipment that had been delivered by a lorry. The equipment was set to be installed at the facility.

The HSE investigation found the incident could have been prevented had Balfour Beatty implemented better controls and put in place better communication between contractors. There were contractors at the site that were moving the hydraulic units into place with the overhead travelling gantry crane, and another team who were installing internal cladding. Balfour Beatty, as principal contractor on site, had a duty to ensure communication and co-operation between these contractors. There was also no lift supervisor present at the time of the incident.

The University of Birmingham was not prosecuted by HSE.

HSE guidance can be found at Lifting Operations and Lifting Equipment Regulations (LOLER) (hse.gov.uk)

Balfour Beatty, of Churchill Place, Canary Wharf, London, pleaded guilty to breaching Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulations 1998. The company was fined £285,000 and ordered to pay £21,768.88 in costs at Birmingham Crown Court on 16 September 2024.

HSE inspector Gareth Langston said: “This was a tragic incident that led to the death of a worker with another being seriously injured and still experiencing difficulties today as a result.

“Lifting operations must be properly controlled – they must be planned, with plans adhered to.”

This HSE prosecution was brought by HSE enforcement lawyer Andy Siddall and supported by HSE paralegal officer Helen Jacob.

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 company has been fined after a man died while working inside an excavation at a construction site in Glasgow.

Derek Caddie lost his life when part of the excavation wall collapsed on 25 November 2019.

This led to the 44-year-old being trapped in soil from the neck down before being rescued by the emergency services. He died from his injuries in hospital three days later on 28 November.

Graeme McMinn, a principal inspector at the Health and Safety Executive (HSE), said: “This was a tragic and wholly avoidable accident, caused by the failure of Carrig Construction Services Limited to put in place measures to control the risk of the sides of the excavation collapsing.

“HSE provides freely available guidance on effective controls for working in excavations on the HSE website.”

Mr Caddie had entered the excavation with a colleague to repair damaged and leaking pipework, when the incident occurred. The colleague was left uninjured.

Carrig Construction Services Limited had been appointed as a contractor at the site on Belhaven Terrace West Lane where new houses were being built. Mr Caddie was working under the company’s control at the time of the incident.

An investigation by HSE found the collapse was caused by a lack of support to the vertical walls of the excavation. Carrig Construction Services Limited, a company that specialises in groundworks and drainage works, failed to identify the risks from working in the excavation and did not ensure there were practicable steps in place to ensure workers were protected while inside the excavation.

On top of this, none of the workers under the control of Carrig Construction Services Limited had any formal training on working within excavations and were unaware of the risks involved.

HSE guidance can be found at: Excavations – Construction Safety topics – HSE

Carrig Construction Services Limited, of Hunters Way, Lochwinnoch, Argyll, pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £75,000 at Glasgow Sheriff Court on 28 August 2024.

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We seek to 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. hse.gov.uk
2. More about the legislation referred to in this case can be found at: legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk

A body that manages a major forest in East Sussex has been fined after a husband and wife were struck by a tree, with the latter suffering a traumatic brain injury.

Caroline Leafe, 70, was walking along a deer track in Ashdown Forest with her husband, Kenneth, and their dog, Monty, when the pair were hit by a silver birch tree that was being felled on 25 January 2023.

The Conservators of Ashdown Forest, the body that manages Ashdown Forest, had identified that the 12-metre tree was rotting and needed to be cut down.

The tree was located in the corner of Broadstone Car Park on Colemans Hatch Road in Upper Hartfield, East Sussex and surrounded by public footpaths, including the main pathway to the visitor centre.

The tree began to fall after a forest ranger made a sink cut with a chainsaw. As it was falling, the ranger noticed Mr and Mrs Leafe walking on the nearby deer track and attempted to warn them but it was too late.

Mrs Leafe suffered a traumatic brain injury, a fractured collar bone, several fractured ribs and a shoulder dislocation. She spent considerable time in hospital following the incident and continues to undergo physical and cognitive therapy several months later. She also had to surrender her driving licence.

She said in a statement: “I have suffered a loss of independence and Ken has had to do a lot more support to me. I haven’t been able to drive for nearly a year. The head injuries included speech problems and emotional problems.

“There were school children at the forest when we were there and we are relieved that our accident didn’t happen to them. Ken and I hope an incident like this never happens again.”

Mr Leafe suffered cuts and bruising.

A Health and Safety Executive (HSE) investigation found The Conservators of Ashdown Forest failed to identify the risk to members of the public from tree felling. This meant precautions, such as posting warning signs and using barriers and banksmen, were not implemented to prevent members of the public from accessing areas where the tree felling was taking place.

The Conservators of Ashdown Forest pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The trust was fined £8,000 and ordered to pay £3,589.80 in costs at Brighton Magistrates’ Court on 12 August 2024.

HSE principal inspector Emma Stiles said: “Members of the public should be able to enjoy a walk in a forest without fear of being struck by a tree being felled. The guidance is clear on how to fell trees safely and this means keeping members of the public out of an area around the tree measuring two times the height of the tree.

“This can be achieved by various means including signs, barriers and banksmen. Given the high levels of public access around this tree, all of these precautions should have been taken.”

This prosecution was brought by HSE senior enforcement lawyer Nathan Cook and supported by HSE paralegal officer Imogen Isaac.

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 Manchester-based waste and recycling company has been fined more than £100,000 after an employee lost his leg after being struck by an excavator.

The 41-year-old man had been sorting refuse with two other colleagues at the Levenshulme site of Pink Skips (NW) Ltd on 5 October 2022 when the incident happened.

As the trio were working, a 360-excavator was being used to move waste in the same area. CCTV footage showed that the excavator was being used  close  to the workers on the ground.

As one of the men was standing behind the vehicle, it suddenly reversed, striking him, and running over his leg.

The injury was so severe that the leg had to be amputated above the knee. The Romanian father and grandfather has been left unable to work and still suffers from considerable pain.

An investigation by the Health and Safety Executive (HSE) found that Pink Skips (NW) Ltd of Printworks Lane, Manchester, had failed to adequately segregate pedestrians and vehicles for which detailed guidance is available.

The investigation also found that hand picking regularly occurred around the excavator operating. There was a written safe system of work which stated that operatives were not to work within the swing reach area of the excavator, that barriers should be placed between operatives and machines at all times, and that banksmen should be used. However, these precautions were not being used in practice. There was also no monitoring of the alleged systems in place, had there been, this would have highlighted that the control measures were not being used.

The company pleaded guilty to breaching regulation 2(1) of the Health and Safety at Work etc Act 1974. It was  fined £106,700 and ordered to pay £5,744 costs at a hearing at Manchester Magistrates’ Court on 7 August 2024.

The prosecution was brought by HSE enforcement lawyer Matthew Reynolds and paralegal officer Rebecca Withell.

After the hearing HSE inspector Lisa Bailey said: “The company failed to segregate pedestrians and vehicles or put in place a safe system of work for its hand sorting and picking activities, thereby exposing employees, to the risk of being struck by workplace vehicles.

“The injuries sustained here have been truly life-changing.”

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.
5. Guidance for working safely with vehicles is available.

A logistics company has been fined £1 million after an employee fell over 10 metres and sustained serious injuries.

Christopher Hooper suffered fractures to his skull, back, pelvis, arm, wrist and ankle after falling 11 metres at DP World Southampton’s terminal on 20 September 2022.

The 31-year-old, from Winchester, had fallen through an open hole in the driver’s cab of a straddle carrier, landing on the concrete floor below.

The hole had been created by contractors that were replacing a glass floor, exposing Mr Hooper and other workers to the risk of falling from height.

Inspectors from the Health and Safety Executive (HSE) found Mr Hooper’s employer, Southampton Container Terminals Limited, trading as DP World Southampton, failed to ensure there was a safe system of work at its site on Western Avenue.

Mr Hooper, who had worked for Southampton Container Terminals Limited since he was 17, had been undertaking routine maintenance work and was unaware of the open hole before falling onto the floor.

The HSE investigation found Southampton Container Terminals Limited had failed to ensure there was a system of work that ensured the replacement of the glass floor and routine maintenance work could be carried out safely at the same time. The company also failed to ensure there was a risk assessment in place and failed to implement its own policy for the use of permits to work whilst working at height.

Mr Hooper, who was 29 at the time of the incident, said in his victim personal statement: “I feel like a puppet in my life who is being moved from therapy to therapy with no control over where I am going. It feels like my life is in a waiting room, early out of hospital I had closer milestones that felt achievable whereas now no one can tell me what I can do next and that is really impacting my day-to-day life as I don’t know what the rest of my life will look like.”

Southampton Container Terminals Limited, of Palace Street, Westminster, London pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £1 million and ordered to pay £11,664.59 in costs at Southampton Magistrates’ Court on 2 August 2024.

HSE inspector Francesca Arnold said: “This incident has resulted in severe life-changing injuries for Mr Hooper, who is lucky to be alive. His life has completely changed because of Southampton Container Terminals Limited’s failure to produce a suitable risk assessment and implement straightforward control measures.

“The hazards of working at height are well known and documented and this prosecution should now remind employers that a failure to manage and implement effective measures can have serious consequences and they will be held accountable for this failure. Information on working at height safely is freely available on HSE’s website.”

This prosecution was brought by HSE enforcement lawyer Andy Siddall 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 can be found here.