Press release

Companies fined after dad crushed to death by machine

Two companies have been fined after a father-of-three was crushed to death by a machine.

The Health and Safety Executive (HSE) investigation found the incident was entirely avoidable and Russell Hartley would still be alive had this work been planned, managed and monitored to a sufficient standard.

Mr Hartley, was a self-employed engineer from Sheffield who had been hired by Premier Engineering Projects Ltd to replace machinery at a materials recycling facility on Twelvetrees Crescent, Bow, London.

Russell Hartley

The 48-year-old led a group of four engineers tasked with replacing a Trisomat screen, known colloquially as a ‘flip-flop’, on 24 February 2020, when the incident occurred.

The flip-flop, a machine that sorts different sizes of waste, was fixed within a metal structure at height in a bay at the site.

The crane, supplied by M&M Mobile Crane Hire Ltd, was first used to lower the flip-flop from its position at the site.

Mr Hartley, who also had three grandchildren, then took over using a telehandler. With the flip-flop resting on the telehandler’s forks, the machine began to go further down the bay.

The flip-flop became jammed in the bay when Mr Hartley attempted to reverse the telehandler.

The crane was then used again to lift the flip-flop off the telehandler, which unknown to the workers, had its forks slightly raised above ground level.

Mr Hartley was crushed to death by a Trisomat screen (pictured here)

As the crane moved towards the telehandler, the flip-flop toppled forwards off the forks and crushed Mr Hartley. Another worker, who was standing on the flip-flop at the time, was thrown off the machine but escaped serious injury.

The HSE investigation found that two contractors, Premier Engineering Projects Ltd and M&M Mobile Crane Hire Ltd, failed to ensure the safety of those involved in carrying out the replacement of the Trisomat screen. The work being undertaken was not properly planned, supervised or carried out safely, and the assessment of the risks arising from the work was both unsuitable and insufficient. Mr Hartley was working with nine other engineers, also hired by Premier Engineering Projects, as well as three workers from M&M Mobile Crane Hire Ltd at the site.

Mr Hartley’s wife, Debbie, said in her victim personal statement: “Russell was everything to us. He was funny and one of the nicest guys you could ever meet. Nothing was ever too much. If it needed doing, he got it done. He was a fantastic father and husband. He worshipped his grandkids and all his family.

“I feel like sometimes I am just waiting for him to come home. I can’t accept that he has gone as I couldn’t say goodbye. Nothing prepared me for that moment. I thought he would be here and live on forever.

“All he ever wanted was to keep his family happy and looked after and I will try to keep that dream alive.”

Premier Engineering Projects Ltd, of Industry Road, Carlton, Barnsley, South Yorkshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £28,000 and ordered to pay £9,277.48 in costs at the Old Bailey on 1 August 2024.

M&M Mobile Crane Hire Ltd, of David Road, Colnbrook, Slough, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £48,000 and ordered to pay £9,500 in costs at the Old Bailey on 1 August 2024.

HSE inspector Mark Slater, who investigated this incident alongside HSE inspector David Beaton, said: “Had this work been planned, managed and monitored to a sufficient standard, this incident was entirely avoidable and Mr Hartley’s family would still have him in their lives. Risks arising from the lifting and moving of equipment of this size and nature are entirely foreseeable, and work of this nature should be afforded the utmost respect and care.”

This prosecution was brought by HSE enforcement lawyer Kate Harney, who was supported by HSE enforcement lawyer James Towey and 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.

HSE to lead investigation into incident at Lambeth Country Show

The Health and Safety Executive (HSE) is now leading the investigation into a ride malfunction at the Lambeth Country Show.

On 8 June 2024, four people were injured as a result of the incident which occurred at Brockwell Park in London.

The ride involved in this incident is now being forensically examined by specialists at HSE’s Buxton Science and Research Centre.

HSE inspector Stacey Gamwell said: “We will continue to thoroughly investigate what happened and determine whether there were any breaches of health and safety law at the time of this incident. Once we have finished our investigation, a decision will then be made on whether formal enforcement is required in line with our enforcement policy. We remain in contact with those affected by the ride’s malfunction and will keep them updated throughout our investigation.”

The Metropolitan Police had previously been the lead agency, with primacy officially signed over to HSE on 16 July.

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.

Human factors: HSE issues major accident warning to offshore firms

Britain’s offshore oil and gas installations are held to high regulatory standards, but human error can still lead to a major incident.

That’s the message from the Health and Safety Executive (HSE), who are urging offshore companies to take a closer look at what’s widely known in the sector as human factors.

HSE inspects human factors on offshore installations, with a particular focus on safety critical tasks.

Safety critical tasks have the potential to initiate or escalate a major accident on an installation.

HSE recently issued oil firm Apache with an enforcement notice after inspectors formed the opinion that the company failed to fully consider human factors as part of its plans to prevent a fire and explosion on its Forties Delta platform in the North Sea.

Mary Marshall, a principal specialist inspector at HSE, says it is necessary offshore firms like Apache identify safety critical tasks carried out on their offshore installations.

Mary said: “Offshore companies need to understand and evaluate where and how these safety critical tasks might be vulnerable to human error. Safety Critical Task Analysis (SCTA) is an established, structured process that will help companies demonstrate that these tasks can be carried out safely, reliably and that the risks are managed to as low as reasonably practicable. This will include consideration of the design of the equipment, details of the tasks and the factors which support task performance.”

HSE has noted a number of offshore firms have launched SCTA programmes with varying degrees of success.

Common failings that HSE has identified with these SCTA programmes include a lack of sustained commitment and progress with the work, and inconsistencies in the quality of assessments.

HSE’s inspection of its Forties Delta platform found the company had failed to take appropriate measures to prevent the uncontrolled release of flammable or explosive substances during main oil line pig launcher operations.

Apache currently has until 9 November to comply with the Improvement Notice. It has not appealed against the notice.

 

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. Further details on the latest HSE news releases is available.
  3. The HSE Improvement Notice issued to Apache can be found here: Notices served – Enforcement notices public (hse.gov.uk)
  4. Guidance for offshore companies on what to expect from a HSE inspection can be found here: The Offshore Management of Human Factors Inspection Guide (hse.gov.uk)

Recycling company fined £3m after one man died and another seriously injured

A recycling company has been fined after a man died and another was seriously injured while decommissioning a North Sea gas rig.

Stephen Picken, 62, and Mark Kumar were working for Veolia ES (UK) Limited at an onshore facility in Great Yarmouth.

Both men were working as demolition operatives also known as “Top Men”, undertaking the decommissioning and dismantlement of offshore structures.

On 17 October 2019, the two workers were removing an overhanging piece of metal pipework (known as a skirt pile), weighing in excess of 27 tonnes, from a jacket (a structure placed in the sea, designed to support oil and gas rig platforms), when it gave way. The pile struck the mobile elevating work platform (MEWP) containing the men, throwing them to the ground about 12 metres below.

The incident claimed the life of Stephen Picken

Stephen Picken died at the scene and Mark Kumar suffered serious life-changing injuries.

An investigation by the Health and Safety Executive (HSE) identified serious failings with the planning and the risk assessment which did not adequately cover the planned works. Shortcomings in supervision of the incident were also identified. The company did not risk assess the skirt pile being removed as it was considered low risk. As a result there was no cutting plan or safe system of work for the skirt pile.

The skirt pile gave way and struck a mobile elevating work platform

Demolition, dismantling and structural alteration work must be carefully planned and carried out – HSE has guidance on this.

Veolia ES (UK) Limited of Pentonville Road, London, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. At a sentencing hearing at Ipswich Crown Court, on 22 July 2024, the company was fined £3,000,000 and ordered to pay £60,000 in costs.

After the hearing, HSE inspector David King said: “This incident, in an emerging industry, highlights the level of controls required to safely demolish what are large, dangerous structures. Veolia did not meet these standards and tragically one life was lost, and another forever changed.

The emergency services attended the scene following the incident

“The Health and Safety Executive’s mission is to protect people and places. Organisations that endanger their employees by failing to meet the required standards, should be aware that we will not hesitate to take appropriate enforcement action.”

This HSE prosecution was brought by HSE inspector Prentiss Clarke-Jones, HSE enforcement lawyer Samantha Tiger 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 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.

Engineering firm fined after employee sustains serious injuries at HS2 site

An engineering firm has been fined after an employee suffered a fractured skull, hip, jaw and pelvis, while working at a HS2 construction site in Hertfordshire.

The man, employed as a mechanical engineer by EMC Elite Engineering Services Ltd, had been repairing a conveyor at the site on Chalfont Lane, West Hyde when he fell 11 metres on 20 November 2022.

Stair treads had been removed in the conveyor’s stairway to ensure it could be supported by a crane during the reparation work, resulting in a gap in the stairway.

The man, who was 57 at the time, fell through this gap and landed on the concrete floor below, sustaining a fractured pelvis, skull, hip, jaw and two broken wrists.

He spent two months in hospital following the incident, undergoing surgery requiring him to have six plates inserted into his face.

A Health and Safety Executive (HSE) investigation found that EMC Elite Engineering Services Ltd failed to ensure the work at height was properly planned, appropriately supervised, and carried out in a manner that was as safe as reasonably practicable.

The worker said in his victim personal statement: “The injuries I sustained have had a massive impact on my life and some of these will be permanent. The impact on my family relationships has been massive. My wife has become my carer.

“My own behaviours have changed. I am quicker to anger and get easily frustrated. I get very impatient too. My focus has been affected and I struggle to keep up with a task or maintain a conversation.”

EMC Elite Engineering Services Ltd, of Heronsgate Trading Estate, Paycocke Road, Basildon, Essex pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. The company was fined £52,500 and ordered to pay £6,871.12 in costs at St Albans Magistrates’ Court on 15 July 2024.

HSE inspector Martin Paren said: “This incident led to an employee suffering multiple injuries that will affect him for the rest of his life. If his employer had properly planned, instructed and supervised the work then this incident could have easily been prevented.”

This prosecution was brought by HSE enforcement lawyer Sam Wells 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.

NHS trust fined after employee found unconscious in manhole

Kettering General Hospital NHS Foundation Trust has been fined £480,000 after an employee suffered a brain injury after he was found unconscious in a manhole.

The man had been unblocking a drain at the hospital on 1 February 2022 when he was discovered by other members of staff.

He was rescued from the manhole by Northamptonshire Fire and Rescue Service and was treated at hospital for acute sulphate intoxication. This resulted in a traumatic brain injury, and ongoing issues with memory loss and nerve damage.

HSE guidance can be found at: Introduction to working in confined spaces (hse.gov.uk)

The worker was found unconscious in a manhole (pictured)

A Health and Safety Executive (HSE) investigation found that Kettering General Hospital NHS Foundation Trust failed to identify the manhole as a confined space, and thereafter, failed to properly risk assess the activity. The trust failed to prevent entry of employees into confined spaces at the site – which was custom and practice for a number of years. The trust also failed to identify a safe system of work or method statement for clearing blocked drains and no precautions were identified to reduce the risk of injury.

HSE’s investigation also highlighted that no confined space training was given to members of the estates team and insufficient information and instruction was provided to those involved as to the methods to be adopted, the risks involved and the precautions to be taken, when clearing drains and entering deep drains or manholes.

Kettering General Hospital NHS Foundation Trust, of Rothwell Road, Kettering, Northants, pleaded guilty to breaching Section 2(1) of The Health & Safety at Work etc. Act 1974. The trust was fined £480,000 and ordered to pay £4,286.15 in costs at Wellingborough Magistrates’ Court on 9 January 2024.

The prosecution was brought by HSE enforcement lawyer Samantha Wells.

HSE inspector Heather Campbell said: “This case highlights the dangers of working in confined spaces. The manhole should have been identified as a confined space, and risk assessed accordingly. Safe systems of work for entry into confined spaces should have been in place, such as those outlined in the HSE’s Approved Code of Practice.”

Notes to Editors:

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

Company and director sentenced after worker fractures arm and leg

A company and its director have been sentenced after an employee fell from height and suffered serious injuries.

Andrew Smith fractured his left femur, left elbow, left arm and pelvis after falling approximately three metres off a ladder on 28 July 2021.

He had been working for Profascias Ltd at Park Lane Primary School in Tilehurst, Reading.

The company had been hired to replace guttering and supply fascia boards and soffits at the infant school.

The ladder Mr Smith had been working from against the school wall slipped, causing the 53-year-old to fall to the ground.

He spent 16 days in hospital as a result of his injuries and later underwent surgery to add a bolt to his hip and metal plate to his arm.

A Health and Safety Executive (HSE) investigation found there had been insufficient planning of the work at height by Profascias Ltd and its director, John Nolan. A safe platform from which to work, such as a properly erected scaffold, should have been provided as workers needed both hands to carry out the work and could not therefore work safely from a ladder. Ladders should only be used for access or, where it is not reasonably practicable to provide safer working platforms, for short-term work of up to 30 minutes where workers can normally maintain three points of contact.

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

Profascias Ltd, of Sandy Lane, Pamber Heath, Tadley, Hampshire, pleaded guilty to breaching Section 4(1) of the Work at Height Regulations 2005. The company was fined £6,000 and ordered to pay £2,000 in costs at Slough Magistrates’ Court on 18 December 2023.

Imposing the sentence, District Judge Goozee remarked: “Because of the financial penalty, the company may end up being wound up completely; but that is a consequence of the conviction.”

John Nolan, of Sandy Lane, Pamber Heath, Tadley, Hampshire, pleaded guilty to breaching Section 4(1) of the Work at Height Regulations 2005 by virtue of Section 37(1) of the Health and Safety at Work etc. Act 1974. He was handed a 12-month community order where he must undertake 180 hours of unpaid work and ordered to pay £1,000 in costs at Slough Magistrates’ Court on 18 December 2023.

HSE inspector Rachael Newman said: “This worker’s injuries were serious. This incident could have been avoided through the selection of suitable work equipment to prevent persons from falling.

“Falls from height remain one of the most common causes of work-related fatalities and injuries in this country and the risks associated with working at height are well known.”

This HSE prosecution was brought by HSE enforcement lawyer Jon Mack and supported by HSE paralegal officer Cristina Alcov.

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.

North Wales health board fined after failings resulted in woman’s death

One of the largest health boards in Wales has been fined £200,000 after a patient died in its care.

Llandudno Magistrates’ Court heard that 46-year-old Dawn Owen was found unconscious at the Hergest Unit – a secure mental health unit – at Ysbyty Gwynedd in Bangor on 20 April 2021.

Dawn’s family have called on Betsi Cadwaladr University Health Board to act on the findings of a Health and Safety Executive (HSE) investigation, calling her death ‘wholly avoidable’ and ‘completely unnecessary’.

“Staff complacency at all levels contributed in this case, as well as numerous policy breaches and issues between staff and management,” they said.

“We have been tragically let down by the Hergest Unit, who we believed, were providing a safe place for Dawn and the care that she urgently needed.”

Dawn Owen

The HSE investigation found no risk assessment had been carried out when she was admitted and due to communication failure on transfer to the ward, staff had wrongly relied on an assessment carried out for a previous admission a year earlier. This failure resulted in Dawn’s high risk of self-harm being tragically missed.

Staff also failed to place her in an anti-ligature bed and had de-escalated the completion of regular monitoring checks. Dawn was also provided with a dressing gown and belt, of which the belt was later used as a ligature.

There were several missed opportunities during the course of the admission, where Dawn had expressed the desire to self-harm. This did not trigger any review of the care and management of the patient.

“Dawn was a highly vulnerable person and had been battling her demons and addictions for many years,” the family went on to say.

“She was a bright, happy person who always had a positive attitude. She had a heart of gold and would always help others in need – she would give away her last penny to do so.

“Betsi Cadwaladr must now act on the findings of this investigation and keep vulnerable patients safe at the unit.

“We hope as a family that Dawn may now rest in peace – her battles with mental health are now over.

“We as a family would like to thank the Coroner and HSE for their diligence in ensuring there was a thorough investigation into Dawn’s untimely death.”

Betsi Cadwaladr University Health Board have pleaded guilty to breaching Section 3 (1) of the Health and Safety at work Act 1974 and have been fined £200,000 and ordered to pay costs of £13,174 at Llandudno Magistrates’ Court on 18 December 2023.

Speaking after the case, HSE inspector Sarah Baldwin-Jones said: “This incident could so easily have been avoided had a thorough risk assessment been carried out on admission, identifying in this case, the change in Dawn’s condition and risk of self-harm.

“Where a patient presents with a risk of self-harm, there is a requirement upon a health board to manage the patient’s safety, to avoid incidents like this. Devices such as reduced ligature beds and removing ligature anchor points and ligatures in the ward environment, can assist staff manage these risks. Importantly, the health board should have trained staff in managing this risk in patients considering self-harm.

“This would enable staff to identify the trigger points and take appropriate actions. The health board also failed to monitor the management of patients, so that any patient emotional or behavioural changes can be identified and managed.

“Health Boards and Trusts should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards. Our thoughts remain with Dawn’s family and friends.”

This prosecution was led by HSE enforcement lawyer Samantha Wells.

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.

Roofing firm and company business partner sentenced following HSE investigations

A roofing company has been fined a total of £881,000 after two workers were seriously injured during two separate incidents.

Billy Hewitt, a worker at Mitie Tilley Roofing Limited, fractured his pelvis after falling through a factory roof in Newcastle. Meanwhile, a 24-year-old labourer employed by RM Scaffolding broke his femur after falling through the roof of a building in Swansea while working on a project run by Mitie Tilley Roofing Limited.

The Health and Safety Executive (HSE) investigated both incidents and prosecuted Mitie Tilley Roofing Limited. Paul Robinson, a business partner at RM Scaffolding, was also prosecuted by HSE following the incident in Swansea.

On 11 November 2019, Billy Hewitt, 60, fractured his pelvis, left wrist and eye socket after falling through the roof of a factory in Throckley, Newcastle upon Tyne.

He had been replacing a skylight when he fell and landed on the concrete floor seven metres below. Billy was in hospital for three weeks after the incident.

The roof Billy had been working on

Billy, who is from Whickham, said: “You don’t go to work in the morning and expect to end up in intensive care but that’s what happened to me. It’s been four years since my accident and I don’t know really do anything with my days. I really miss work. I was a roofer for 40 years but this accident changed everything because I still can’t work. I used to earn a good wage, but now I’m classed as 51% disabled and I rely entirely on benefits.”

The HSE investigation found Mitie Tilley Roofing Limited failed to properly plan and carry out the work to replace the skylight. The work at height had not been thoroughly assessed as a standalone piece of work. The investigation also found that safety nets were in place on other sections of the roof but not directly underneath the skylight where the accident happened.

The roof Billy had been working on

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

On 3 June 2019, a scaffold labourer, employed by RM Scaffolding, was crossing a fragile roof when he fell through a skylight at a unit at Plasmarl Industrial Estate in Swansea. The 24-year-old landed on his back approximately 20 feet on the floor below. He fractured his femur and suffered a blood clot in one of his main arteries, which required long-term medication.

The roof of the unit at Plasmarl Industrial Estate

HSE found that Mitie Tilley Roofing Limited, the principal contractor for the project, failed to plan, manage and monitor the work undertaken by RM Scaffolding, the sub-contractor, to prevent unsafe work practices being used. Paul Robinson, a business partner at RM Scaffolding, failed to plan the work properly and ensure staff had appropriate skills, knowledge and experience. Robinson also failed to provide appropriate fall protection on the roof.

Following the incident on 11 November 2019, Mitie Tilley Roofing Limited, of London Bridge Street, London, was found guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 and breaching Regulation 4(1) of the Work at Height Regulations 2005, following a two-week trial in April 2023. Following a three-day sentencing hearing at Newcastle Crown Court on 6 December 2023, Mitie Tilley Roofing Limited was fined £575,000 and ordered to pay £84,940.08 in costs.

Following the incident on 3 June 2019:

HSE principal inspector John Heslop said: “Too many workers are injured or die every year as a result of falling through fragile rooflights without adequate fall prevention or protection measures in place.

“These were both shocking incidents, which had a lasting impact on those who were injured.

“The law is clear about the measures needed to ensure safety when working on fragile roofs and there is a wide range of guidance available from HSE and the Construction industry on correct ways of working. HSE will not hesitate to take action against employers who do not do all that they should to keep people safe.”

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.

Company fined as stunt performer sustains life-changing injuries during filming of Fast and Furious movie

A production company has been fined after a stunt performer was injured during the filming of Fast and Furious 9: The Fast Saga.

Joe Watts, from Surrey, sustained life-changing injuries after he fell approximately 25 feet at Warner Bros. studios in Leavesden, Hertfordshire on 22 July 2019.

He had been filming a fight scene for the action movie.

Mr Watts fell 25 feet onto the concrete floor below when the line on his stunt vest became detached.

The stunt vest Mr Watts was wearing

As a result of his fall, Mr Watts suffered a fractured skull and a severe traumatic brain injury, which has resulted in permanent impairment and disability.

A Health and Safety Executive (HSE) investigation found several failings by FF9 Pictures Limited. FF9 Pictures Limited’s risk assessment failed to address the potential issue of a rope snap or a link failure, there was no system for double checking that the link had been properly engaged and tightened. There was also no system for checking the link for signs of deformation or stretching between takes, the manufacturer’s website stated that the link used was forbidden for use as PPE and shock loading should be avoided. On top of that, six-monthly inspections of harnesses were required but Mr Watts’ harness had not been inspected in the last six months and FF9 Pictures Limited did not extend the crash matting needed to mitigate the consequences of an unintended fall following changes to the set and the sequence of the stunt.

The incident took place at Warner Brothers’ studios in Leavesden

FF9 Pictures Limited, of St. Giles High Street, London, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £800,000 and ordered to pay £14,752.85 in costs at Luton Magistrates’ Court on 24 November 2023.

HSE inspector Roxanne Barker said: “Mr Watts’ injuries were life-changing and he could have easily been killed. In stunt work, it is not about preventing a fall but minimising the risk of an injury.”

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

Sentencing, district judge Talwinder Buttar stated Mr Watts is fortunate to be alive and added that she was astonished that the crash matting was not adequate.

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. 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