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.

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.

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.”

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.

• Company fined for failings in two separate incidents.
• Two workers seriously injured after falling through roofs in separate incidents.
• Business partner at scaffolding firm sentenced following incident in Swansea.

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.

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.

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.

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:

• Mitie Tilley Roofing Limited pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. Following a three-day sentencing hearing at Newcastle Crown Court on 6 December 2023, Mitie Tilley Roofing Limited was fined £306,000 and ordered to pay £27,410.63 in costs.

• Paul Robinson, of Laburnam Way, Penarth, Vale of Glamorgan, pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. At Newcastle Crown Court, on 5 December 2023, he was sentenced to 120 hours of unpaid community service, to be served within 12 months. He was also ordered to pay £20,428.73 in costs.

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.

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.

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.

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

The company that runs The Priory Hospital has been fined for failing to ensure the safety of patients on the hospital’s Emerald Ward following the death of 21-year-old Francesca Whyatt.

Francesca, from Knutsford in Cheshire, was found unconscious at The Priory Hospital in Roehampton, London. She died three days later.

Priory Healthcare has been fined £140,000 after an investigation by the Health and Safety Executive (HSE).

Francesca died on 28 September 2013. She had been transferred from a local hospital to the Emerald Ward, a specialist unit at The Priory Hospital, in March 2013.

She was found unconscious in a patient lounge on the top floor of the hospital on 25 September.

Francesca had managed to make her way to the lounge as the hospital responded to an incident involving other patients and used the tights that she was wearing as a ligature.

An investigation by HSE concluded Priory Healthcare Limited failed to ensure the provision of in-patient psychiatric treatment was carried out in such a way that patients were not exposed to risks to their health and safety.

Daniel Whyatt, Francesca’s brother, said his sister was a “truly selfless [and] special individual.”

Daniel said: “The tragic and untimely death of our beloved sister has had a profound impact, and has repercussions well beyond those conceivable to anyone outside of our little family unit. It has invariably ruined all of our lives, and has muddied the precious memories we have of Francesca.

“It is a strange thing to note that it is just as difficult to write her name as it is to speak it, all these years later it is still so raw. We should be able to talk about her fondly, with a smile… instead every mention of her is done so in anger and rage and it feels like being stabbed in the heart.

“It is extremely overwhelming. Francesca had a proclivity for helping everyone she met and changed their lives in positive and meaningful ways, often at her own expense. She was a truly selfless, special and unique individual.”

Priory Healthcare Limited, of Hammersmith Road, Hammersmith, London, pleaded guilty to failing to discharge a duty under Section 3(1) Health and Safety at Work etc. Act 1974. The company was fined £140,000 at Southwark Crown Court on 14 November 2023. Costs will be decided at a later date.

Paul Hems, HSE’s head of operations for London, said: “This incredibly sad case highlights the need for suitable and sufficient systems to be put in place to monitor patients.

“Employers should be aware that HSE will hold to account those who do not comply with health and safety legislation. It should also be noted that similar incidents which have taken place after April 2015 will be enforced by the Care Quality Commission (CQC).”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. Following the Mid Staffordshire NHS Foundation Trust Public Inquiry and the publication of the Francis Report, the Care Quality Commission (CQC) was given powers to carry out criminal investigations and bring prosecutions. These took effect in April 2015. Since that time, in England, the CQC has been the regulator for patient health and safety matters, with HSE regulating health and safety for workers and members of the public. A revised memorandum of understanding reflecting these changes and setting out areas of responsibility was agreed by the two organisations which is available on HSE’s website. MoU between the Care Quality Commission (CQC) and HSE

A manufacturer of shopping trolleys has been fined after two men fell approximately three metres when a metal cage they were dismantling collapsed beneath them.

On 12^th May 2018, two employees at Wanzl Limited were taking apart a large metal cage as part of an ongoing programme of improvement works at Prologis Park in Coventry.

Following a visual inspection, a decision was made by Wanzl Ltd to hire scaffold towers and scaffolding boards to carry out the work.  Once the scaffold towers had been erected the two employees accessed the roof of the cage.  They began to remove panels one at a time dropping them to the floor inside the walls of the cage.  When several of these panels had been removed the employees noticed that the cage shook in response to movement.  The roof suddenly gave way and both employees fell to the floor below.

One of the men, Michael Barton, who was 52 at the time, suffered a broken pelvis, injured his hip and arm. The now 57-year-old, from Walsall, was off work for 12 months following the incident.

An investigation by the Health and Safety Executive (HSE) found that the work had not been properly planned, appropriately supervised, or carried out in a manner that was safe.  No consideration was given to whether dismantling the structure could be carried out without working at height or if the work was within the capabilities of the company’s employees.  None of the employees involved were trained in the assembly of scaffolding towers, and the injured man was not trained in working at height. An investigation by Coventry City Council came to the same conclusion before primacy was handed to HSE.

HSE has guidance on working at height.

At Birmingham Magistrates’ Court on 10 November 2023, Wanzl Limited of Heathcote Lane, Warwick pleaded guilty to breaching Regulation 4 (1) of the Work at Height Regulations 2005. The company was fined £320,000 and ordered to pay costs of £4016.35.

Speaking after the hearing, HSE inspector Charlotte Cunniffe said: “Working at height remains one of the leading causes of death and serious injury to workers in the United Kingdom.

“All work at height, including one-off activities which fall outside of a company’s usual business should be properly planned and appropriate work equipment selected.  Employers must assess the competency of their employees when asking them to carry out non-routine work.”

This prosecution was supported by HSE lawyer Nathan Cook.

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.

Here are some of the stories published by the Health and Safety Executive (HSE) in October, with the workplace regulator heralding a key milestone in building safety, announcing a new inspection campaign, securing justice and urging employers to try the shout test!

HSE to prosecute Falcon Tower Crane Services Limited following deaths of three men

We started off the month by announcing our prosecution against Falcon Tower Crane Services Limited after a crane collapsed in Crewe and killed three men.

A trial at Chester Crown Court will take place in relation to the incident, which occurred in June 2017, starting on 4 November 2024.

Read more here: HSE to prosecute Falcon Tower Crane Services Limited following deaths of three men | HSE Media Centre

Companies fined as child suffers fractured skull

Three companies were fined last week after a slate tile fractured the skull of a three-year-old girl.

The pre-schooler was placed in an induced coma and required a two-hour operation to remove fragments of slate from her head following the incident.

Read more here: Companies fined as child suffers fractured skull | HSE Media Centre

HSE to visit farms as part of national inspection campaign

Inspectors from HSE will visit farms across England, Scotland and Wales in the coming months as part of a push to change the culture in the farming industry and check for compliance with long standing legal requirements.

The inspectors will also look at risks to members of the public, which often means the management of cattle around public rights of way, as well as child safety on the farm.

Read more here: HSE to visit farms as part of national inspection campaign | HSE Media Centre

BSR register of high-rise buildings represents major momentum for building safety

The Building Safety Regulator’s new regulatory regime has moved further ahead in its vital registration programme of in-scope high-rise residential buildings, that are at least 18 metres or seven storeys tall, with two or more residential units.

Principal Accountable Persons (PAP’s) were given until the 1 October 2023 to register all high-rise residential buildings in England. It is now an offence to allow residents to occupy an unregistered building.

Read more here: BSR register of high-rise buildings represents major momentum for building safety | HSE Media Centre

Company fined £240,000 after Liverpool residents put at risk during removal of dangerous cladding

A HSE prosecution was brought against Green Facades Limited after the company failed to take appropriate precautions to ensure the safety of residents living in a Liverpool apartment block.

When a HSE inspector visited the apartment block, they found cladding, similar to that used on Grenfell Tower, lying on residents’ balconies.

Read more here: Company fined £240,000 after Liverpool residents put at risk during removal of dangerous cladding | HSE Media Centre

Try the shout test – protect workers’ hearing

With around a fifth of the British working population potentially exposed to high noise levels, HSE is now urging workplaces to consider the shout test to manage noise at work and ways to give workers’ ears a break.

Bosses must assess and identify measures to eliminate or reduce risks from exposure to noise so that they can protect the hearing of their workers.

Read more here: Try the shout test – protect workers’ hearing | HSE Media Centre

Construction company fined after serious injury to 16-year-old on work experience

A teenage boy suffered serious injuries after becoming trapped under a tractor while on paid work experience at Earlcoate Construction and Plant Hire Limited.

The teenager’s dad says his son is now more anxious as a result of the incident.

Read more here: Construction Company fined after serious injury to 16-year-old on work experience | HSE Media Centre

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. HSE news releases are available at http://press.hse.gov.uk