Openreach Limited has been fined £1.34 million after an engineer died whilst trying to repair a telephone line.

Alun Owen, from Bethesda, died after he slipped and fell into the River Aber in Abergwyngregyn and was swept away on 6 October 2020.

The 32-year-old has been described by his family as a ‘loving and selfless character’.

An investigation by the Health and Safety Executive (HSE) and North Wales Police, found that a number of Openreach engineers had been attempting to repair the telephone lines, which ran across the river, over a period of two months. They had been working both near and in the river.  At the time of the incident, there had been flooding in the area which meant the river was much higher and faster flowing than usual.

Mr Owen entered the water and made his way to an island in the middle of the river in order to try and throw a new telephone cable across to the other side by taping it to a hammer and then throwing the hammer. Whilst attempting to cross the remaining section of the river, he slipped in a deeper part and the force of the river swept him away.

The investigation found that there was no safe system of work in place for work on or near water, nor had Mr Owen – and others working by the river – received training, information or instruction on safe working on or near water.

A statement from Mr Owen’s family said: “The genuine love and affection shown to us since the tragedy that unfolded on the 6 October 2020 is a real testimony to Al and how everyone just loved his friendly, loving and selfless character.

“Although it’s sometimes difficult to see beyond the sorrow, we will keep his memory alive through reminiscing those many precious moments he had in his love-filled life.”

Openreach Limited pleaded guilty to breaching Section 2 (1) of the Health and Safety at work etc. Act 1974. The company was fined £1.34 million and ordered to pay costs of £15,858.35 at Llandudno Magistrates’ Court on 5 June 2024.

Speaking after the case, HSE inspector Christina Roberts said: “This was a tragic incident that resulted in the death of a much loved young man.

“Mr Owen’s family, friends and colleagues have always remained in our thoughts.

“His death would have been preventable had an effective system for working on or near water been in place.

“Mr Owen should not have been put in the unsafe working situation. Companies should learn the lessons from this incident if they have staff who may work on or near water and be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

North Wales Police Detective Chief Inspector Andy Gibson said: “Our thoughts remain with Alun’s family at this difficult time.

“North Wales Police worked closely with HSE and whilst it was a protracted and lengthy investigation, it was critical that any failings were identified and acted upon.”

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

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 legislationreferred to in this case is available.
3. Further details on the latest HSE news releasesis available.

Tata Chemicals Europe Limited has been fined after a young father died following an incident while erecting a scaffold tower in a chemical plant in Northwich.

Michael Densmore, from Halewood in Merseyside, died following complications to the wound he sustained after his right foot slipped into a trough containing a liquid chemical calcium hydroxide – more commonly known as ‘milk of lime’ – causing chemical and thermal burns.

The 37-year-old father-of-four was one of a number of scaffolders employed by Altrad NSG to erect scaffolding at Tata’s Lostock Hall site.

On 30 November 2016, during the course of this work, Mr Densmore stepped over a trough which contained milk of lime – which had been heated to approximately 90 degrees centigrade. His right foot slipped on an unfastened lid covering the trough, resulting in him sustaining chemical and thermal burns to his foot and ankle.

He was airlifted to Whiston Hospital burns unit, where he received specialist treatment and underwent surgery on 8 December and was discharged just over a week later.  However, on 3 January 2017, while at home, he suffered a haemorrhage to his right foot and was taken to hospital following a 999 call, but tragically died.

In a statement issued by his family, Micheal was described as ‘a loving and amazing role model’ to his sons and two nieces.

“Our lives fell apart and have not been the same since that terrible day,” they said. “Nobody should have to lose someone they love, due to an accident that happened at work.

“A mother should never have to give CPR to her own son, and a partner, should never have to tell their children that their dad will not be coming home.

“Michael has missed so many life events in the past seven years, including missing his nieces having their own babies, his eldest son giving him a grandson, his youngest boys communions, to name just a few.

“What hurts us the most is the fact that he will never be able to complete all the plans he had for life, including marrying his Helen.

“The trauma, we have all suffered as a family, cannot truly be put into words. We were once a small happy close-knit family, who all lived life to the full, with Michael being the leader and now we just about get through each day.”

The Health and Safety Executive (HSE) investigation found there was no permit in place for hazardous work in a live chemical plant.  Little proper thought had been given to the risks involved by those responsible for ensuring staff safety. As far as the scaffolding team was concerned, there was no clearly understood plan to address these risks. Mr Densmore had only received a brief induction when he started work on the site some months before.  Crucially, he had not been warned that there would be chemical product flowing through the plant and that the lids to the trough had not been properly sealed.  Tata employees had been seen working on or near the troughs and there were no visible warning signs in place.

It also found that there had been previous prosecutions of Tata Chemicals Europe relating to health & safety failures at Lostock Hall and nearby Winnington Lane.

Tata Chemicals Europe Limited, of Winnington Lane, Northwich, Cheshire pleaded guilty to breaching Section 3(1) of the Health and Safety at work etc. Act 1974. The company was fined £1.125 million and ordered to pay £60,603.54 in costs at Chester Crown Court on 5 June 2024.

Speaking after the case, HSE inspector Matt Lea said: “This tragic death could have been preventable had Michael Densmore and his colleagues been managed under a robust permit to work system for working in a live chemical plant containing corrosive chemicals which had been heated almost to boiling point.

“Michael should not have been put in this unsafe working situation and should have been warned about the dangers of stepping over the troughs and that they were still in operation.

“Companies should learn the lessons from this incident if they have staff or contractors working in a similar environment and be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

This prosecution was brought by HSE enforcement lawyer Chloe Ward and supported by HSE paralegal officer Sarah Thomas.

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 legislationreferred to in this case is available.
3. Further details on the latest HSE news releasesis available.

The long-term health of workers at a wood waste recycling centre was put in danger due to excessive exposure to the dust their work created, a Health and Safety Executive (HSE) prosecution has found.

Esken Renewables Limited, a waste and recycling company that specialises in generating biofuel from renewable waste, ran a wood waste recycling centre in Middlesborough that processed mixed wood waste, hardwood and softwood into biofuel.

Breathing in wood dust excessively can cause asthma and nasal cancer. In particular, dust from softwood wood dust is a known asthmagen while particles from hardwood are a known carcinogen.

A HSE inspector visited the site in April 2022 to investigate the dust exposures on the site. A few weeks earlier, concerns had been raised about wood dust spreading to the surrounding area. The inspector wrote in detail to Esken Renewables with evidence demonstrating the extent of the wood dust exposure to staff, so that the right action could be taken by the company to control the risks.

The company provided a detailed response, and it was accepted that exposures to the surrounding area was in large part due to four storms in quick succession.

However, the HSE investigation found that the control of wood dust to protect employees working on and around the site was not adequate and fell short of the expected benchmark.

The company failed to design and operate processes and activities to minimise emission, release and spread of wood dust. One solution would be through the use of local exhaust ventilation, the enclosure of machinery or the designing of the processes such as using vacuum systems as opposed to compressed air for cleaning and maintenance.

Guidance on working in the woodworking industry is available and an inspection-led campaign to protect workers continues.

Esken Renewables Limited, who operated the site at Port Clarence Road, Port Clarence, Middlesbrough, pleaded guilty of breaching Regulation 7(1) of the Control of Substances Hazardous to Health (COSHH) Regulations 2002 and were fined £160,000 and ordered to pay £5,310.35 in costs at Teesside Magistrates’ Court on 23 May 2024.

Speaking after the hearing, HSE inspector Matthew Dundas said: “The expected standard is to control exposure to as low a level as is reasonably practicable.

“We hope this serves to raise industry awareness for the expectation of control of hazardous substances, namely wood dust, in the wood waste and recycling industry.”

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

Notes to editors

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice, promoting training; new or revised regulations and codes of practice, and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: https://www.hse.gov.uk/woodworking/recycling.htm
3. HSE news releases are available at http://press.hse.gov.uk

A trailer company has been fined £30,000 after an employee fell from height, suffering a fractured pelvis and head injury.

Adrian Baker, from Peterborough, had been cleaning rubbish at N B Sanders (Trailers) Limited’s site in Peterborough when he fell approximately eight feet on 15 October 2021. The rubbish had spilled out of a lorry and was being placed in a hired skip.

The 51-year-old was raised above the skip by a forklift truck operated by a colleague. Mr Baker was standing on an unsecured platform made out of a stillage.

He fell onto the ground when the stillage came off the truck’s forks, sustaining a fractured pelvis and head injury. Mr Baker can now no longer work in the profession he has been in since he was 16 and has since developed a stammer that has impacted his ability to communicate.

An investigation by the Health and Safety Executive (HSE) found that N B Sanders (Trailers) Limited failed to conduct any checks to determine competency of staff for the use of forklift trucks or to work at height. The company failed to follow freely available guidance which resulted in an inappropriate item being used as a lifting cage for lifting persons.

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

N B Sanders (Trailers) Limited, of Werrington Bridge Road, Milking, Nook, Peterborough, pleaded guilty to beaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £30,000 and ordered to pay £4,468.80 in costs at Luton Magistrates’ Court on 17 May 2024.

HSE inspector Sarah Bird said: “A different and simple approach of using more suitable equipment, such as a fork-mounted wheelie bin handler to tip the rubbish directly into the skip, could have eliminated any work at height.”

This prosecution was brought 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 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.

Three companies have been fined after a lift truck engineer was seriously injured while working at Pirelli Tyres’ factory in Carlisle.

Ivan Weightman sustained fractures to his back and leg when two heavy metal skips fell on top of him, trapping the 47-year-old against the ground on 14 November 2019.

Pirelli, International Rubber and Tyre Recycling Limited and DCS Multiserve Limited were all prosecuted by the Health and Safety Executive (HSE) following the incident on Dalston Road. Workers from DCS Multiserve Limited moved materials at the site whereas staff from International Rubber and Tyre Recycling Limited removed waste.

Mr Weightman was servicing a fork lift truck that was parked up against a stack of waste tyres on a stillage. Two metal skips were positioned on top of the stack.

In order to work on the truck, Mr Weightman moved the vehicle a short distance away from the stack.

As he then walked to the front of the truck, which was leased by International Rubber and Tyre Recycling Limited, both skips fell from the stack and trapped him against the floor.

He fractured four lumbar vertebrae, his left femur and was hospitalised for several weeks as a result of the incident.

A HSE investigation found the skips were routinely placed on the tyres so they will be reduced in size prior to them being transported off site. The truck was positioned to stabilise the skips. This improvised working method was approved by Pirelli, and carried out by workers at International Rubber and Tyre Recycling Limited and DCS Multiserve Limited . There had been no effective control over access to the truck and the ignition key was routinely left in the cab. There was a lack of clarity over which contractor was responsible for this activity and as a result no risk assessment had been made and no safe system of work existed.

Mr Weightman said in his victim personal statement: “I used to enjoy going camping, going for walks with my partner and doing a bit of DIY. I had to get rid of my tent, I couldn’t put it up. With all the pain, I struggled to do it.
“I can’t go for walks like I used to. It starts to get uncomfortable and painful.

“I struggle coming down the stairs with my left knee. I struggle to get comfortable in bed or when sat on the sofa. My left knee gives way sometimes, like when I am carrying a heavy shopping bag.

“I can’t play with my grandson, who is five, and I won’t be able to play with my great nephew when he is older.”

Pirelli Tyres Limited, of Derby Road, Burton-On-Trent, Staffordshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and Regulation 11(1) of the Management of Health and Safety at Work Regulations 1999. The company was fined £280,000 and ordered to pay £4,703.43 in costs at Carlisle Crown Court on 10 May 2024.

International Rubber and Tyre Recycling Limited, of Moorhead Lane, Shipley, West Yorkshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and Regulation 11(1) of the Management of Health and Safety at Work Regulations 1999. The company was fined £9,000 and ordered to pay £4,566.13 in costs at Carlisle Crown Court on 10 May 2024.

DCS Multiserve Limited, of Mylord Crescent, Camperdown Industrial Estate, Newcastle, pleaded guilty to breaching Regulation 11(1) of the Management of Health and Safety at Work Regulations 1999. The company was fined £2,600 and ordered to pay £15,000 in costs at Carlisle Crown Court on 10 May 2024.

HSE inspector Matthew Tinsley said: “The fines imposed on these companies should be a warning to those responsible for the effective management of contractors and effective supervision of employees that the courts, and HSE, take a failure to follow the regulations extremely seriously. It also highlights the risks of improvised work methods using unsuitable equipment. HSE will not hesitate to take action against companies which do not do all that they should to keep people safe.”

This HSE prosecution was brought by HSE enforcement lawyer Nathan Cook and supported by HSE paralegal officer Louisa Shaw.

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.

A company in Manchester has been fined £20,000 after an employee fell through a roof and suffered serious injuries.

The 24-year-old, employed by Hightech Roofing N/W Limited, was repairing a roof on a building in Blackburn when they fell approximately 4.8 metres through a roof light on 3 August 2022.

The employee suffered a broken foot and ankle as well as a fractured vertebrae.

A Health and Safety Executive (HSE) investigation found Hightech Roofing N/W Limited failed to ensure the work on the roof was properly planned, appropriately supervised and carried out in a manner that was as safe as reasonably practicable. While on the roof, operatives used orientated strand boards as crawl boards to move around the roof. The boards were placed where employees needed to step, but did not cover the roof lights, which led to the worker falling.

The company also failed to assess the specific risks arising from the need to work on or over fragile surfaces and failed to consider risks arising from employees working in proximity to the edge of the roof. No edge protection had been installed at the gable end of the building.

HSE guidance states those carrying out roof work must be trained, competent and instructed in use of the precautions required. A ‘method statement’ is the common way to help manage work on roofs and communicate the precautions to those involved. More on this can be found at: Construction – Roof work industry health & safety (hse.gov.uk)

Hightech Roofing N/W Limited, of Grimshaw Street, Failsworth, Manchester, pleaded guilty to breaching Regulation 4 of the Work at Height Regulations 2005. The company was fined £20,000 and ordered to pay £5,858.46 in costs at Preston Magistrates’ Court on 9 May 2024.

HSE inspector Sam Eves said: “This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.

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

This prosecution was brought by HSE enforcement lawyer Gemma Zakrzewski 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 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.

The Health and Safety Executive (HSE) has today (Wednesday 8 May) issued the Ministry of Defence (MoD) with a Crown Censure following the death of a soldier.

Conor McPherson, a private in the Black Watch, 3^rd Battalion, the Royal Regiment of Scotland, lost his life during a training exercise at the Heely Dod firing range in Otterburn, Northumberland on 22 August 2016.

Conor’s father has said he was the model son.

The 24-year-old was part of a team-of-five when he was accidentally shot in the back of the head by a fellow soldier at around 11pm. He died at the scene.

The group had been shooting at remote controlled targets as they manoeuvred on foot through the moorland firing range. They were using live rounds and night vision technology at the time.

A HSE investigation found the MoD (Army) failed to properly implement a safe system of work for the exercise.

The planning and conducting of the exercise was poor, and there was an ineffective system to monitor the management arrangements mandated within the MoD’s own procedures. Mandated planning meetings in the lead up to the exercise were not attended by some staff.

Errors were made while producing written instructions and some staff lacked confidence while producing them. The finalised written instructions differed to how the exercise was being conducted. There should have been an additional supervisor with the firers on the night of the incident, due to the soldiers’ lack of experience when carrying out night time firing.

Mandated ‘night time’ specific safety tasks were not carried out prior to firing commencing. Incorrect and unauthorised night vision equipment was being used by some soldiers. Officers who were not sufficiently experienced in controlling such an activity were not properly mentored or supervised to deal with an exercise of such complexity.

Neil McPherson, Conor’s father, said in his victim personal statement: “Conor was a model son. He did not drink or smoke and he loved his family life. He loved books and his PC games and Saturday night films on TV.

“On the night Conor died, it was every parents’ worst nightmare. A knock at the door, two men in suits bearing news that we had lost our son. I think we both went into shock but the memories of it all are blurred.

“The future is one of deep sorrow. Not to see Conor grow and find love and give us grandchildren is very sad. He would have been a fabulous father and as our only son there is no one to carry on the family name.”

By accepting the Crown Censure, the MoD (Army) has admitted breaching its duty under Section 2(1) of the Health and Safety at Work etc. Act 1974 and Regulation 5 of the Management of Health and Safety at Work Regulations 1999.

HSE inspector Jonathan Wills said: “Our thoughts are with the family of Private McPherson, with whom we have remained in close contact.

“Just like any other employer, the MoD has a responsibility to reduce dangers to its personnel, as far as it properly can.”

This HSE Crown Censure was brought by HSE enforcement lawyer Kate Harney and supported by HSE paralegal officer Rebecca Forman.

Mr McPherson added: “Socially, I don’t go out much anymore and Betty (Conor’s mother) hardly ever goes out socially except for a meal. I myself could not go back to work after Conor’s death. I don’t think I want to work anymore as I tend to shun being around groups of people. Betty and I have many pictures that to date, I cannot bear to look at although we often reminisce together. We also both have one of Conor’s dog tags each which we wear on a chain.”

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. The MoD cannot face prosecution in the same way as non-Government bodies and a Crown Censure is the maximum sanction for a government body that HSE can bring. There is no financial penalty associated with Crown Censure, but once accepted is an official record of a failing to meet the standards set out in law.
3. More information on Crown Censures can be found here: http://www.hse.gov.uk/enforce/enforcementguide/investigation/approving-enforcement.htm ^[1]
4. The Code for Crown Prosecutors ^[2] sets out the principles for prosecutors to follow when they make enforcement decisions. HSE’s approach to Crown Censure is set out in its enforcement policy statement^[3].
5. Following investigations by Northumbria Police and the Royal Military Police, the Health and Safety Executive (HSE) was handed jurisdiction in December 2020.
6. The Crown Censure was issued on 8 May 2024 during a meeting held at the Army HQ in Andover. Lieutenant General Dame Sharon Nesmith DCB (Deputy Chief of the General Staff) formally accepted the Crown Censure from HSE on behalf of MoD (Army) and acknowledged the offences and deficiencies that led to the death of Pte McPherson.

Three individuals and a company have been sentenced after a mother-of-eight was catapulted from a fairground ride in Hillingdon, London.

Mrs Khadra Ali spent four months in hospital after she was ejected from the Xcelerator ride at the Funderpark funfair in Yiewsley on 10 April 2018. Her family continue to provide her with the support she needs after suffering multiple fractures to her back, hips, pelvis, ribs, both collarbones as well as internal bleeding and a significant head injury.

Mrs Ali, who was 45 at the time, went on the fast motion ride alongside her daughter but was not suitably restrained in her seat.

As the ride picked up speed, Mrs Ali, now 51, screamed for help and clung on for some time before being ejected.

She hit the barrier of the next ride and landed on the ground.

She spent the next few weeks in a coma and four months in hospital as a result of her injuries. Mrs Ali can now no longer do chores or activities with her children.

The Health and Safety Executive (HSE) investigation found the ride’s seat restraint system was designed with electrical and mechanical failings by the manufacturer, Perrin Stevens Limited. The ride control system was set up in such a way that it would not have detected all failures. Derek Hackett, the ride owner trading as Hackett Fairs, failed to properly maintain the ride, this was in part due to Perrin Stevens’ operator manual lacking in information on inspection and maintenance of the seat restraint system.

The investigation also found on the day of the incident Mr Hackett’s ride operator had no attendant assisting them despite the operations manual requiring a minimum of two people to operate and monitor the ride. Crucially, the operator did not check each rider’s restraint bar as they should have before starting the ride, and did not notice that Mrs Ali required assistance and stopped the ride.

DMG Technical Ltd was the appointed inspection body and had overall control of the in-service annual inspection of the ride and responsibility for issuing the declaration of the operation compliance (DOC). David Geary, director at DMG Technical Ltd, completed the annual inspection in 2017 and did not identify any failed switches or maintenance concerns. Mr Geary completed initial tests and signed off the ride for use in 2013.  He also completed the required Design Review of the ride but failed to identify the electrical and mechanical design failings. The ride had been in use for a number of months before the design review was signed off by Mr Geary.

In 2023, HSE conducted an inspection campaign of fairgrounds, carrying out safety checks on rides currently in use in Britain. HSE’s long-established guidance can be found at: Health and safety guidance for fairgrounds (hse.gov.uk).

At a hearing at Westminster Magistrates’ Court on 7 May 2024:

• Perrin Stevens, of Oakley Green Road, Windsor, Berkshire, pleaded guilty as a director of Perrin Stevens Ltd (dissolved) that their offence under Section 6(1)(a) and Section 6(1a)(d) of the Health and Safety at Work etc. Act 1974 was attributable to his consent, connivance and/or neglect, whereby he was guilty of an offence contrary to Section 33(1)(a) by virtue of Section 37(1) of the Act. He was handed a custodial sentence of 32 weeks, suspended for 18 months, ordered to complete 150 hours of unpaid work and pay £11,444 in costs.
• Derek Hackett, of School Street, Radcliffe, Manchester, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974. He was given a custodial sentence of 18 weeks, suspended for 18 months, and ordered to pay £4,800 in costs.
• DMG Technical Ltd, of Wenlock Road, Hackney, London, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974. The company was fined £51,000 and ordered to pay £30,000 in costs.
• David Geary, of Wenlock Road, Hackney, London, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974. He also pleaded guilty as director of DMG Technical Ltd that their offence as attributable to his consent, connivance and/or neglect, whereby he was guilty of an offence contrary to Section 33(1)(a) by virtue of Section 37(1) of the Health and Safety at Work etc. Act 1974. He was handed a custodial sentence of 44 weeks, suspended for 18 months, and ordered to pay £24,000 in costs.

HSE inspector Helen Donnelly said: “Mrs Ali was simply enjoying a day out with her children in what she expected to be a safe environment. As a result she continues to suffer pain and significant impact to her everyday life.

“Good health and safety management often requires multiple precautions being put in place, and often by different parties. This incident shows that there are serious consequences when we do not fulfil our health and safety duties and become reliant on the actions of others to ensure the safety of workers and the public. Good health and safety is a collective effort and we must all take responsibility for the role we have in keeping people safe.

“While this investigation has been long and complex, we hope Mrs Ali and her family will find some comfort with the sentence and see that justice has now been served.”

A statement from Mrs Ali’s representative said: “The family of Khadra Ali is deeply relieved that the criminal prosecution has concluded following the tragic incident at the Funderpark Fun Fair. They are grateful to everyone who has supported them throughout this challenging process.

“While no outcome can undo the impact of the life-changing injuries on Khadra’s health and well-being, they hope this marks the beginning of their journey to rebuild their lives and provide her with the support she needs moving forward.

“The family remain committed to providing Khadra with the best quality of life possible.

“They respectfully request privacy as they continue to focus on caring for Khadra and facing the challenges ahead.”

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.

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)

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

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.