A fairground operator has been fined after a man ‘everyone fell in love with’ died weeks after suffering serious head injuries while working on a ride in South Shields.

Dean Cariss was struck by a moving car on a rollercoaster ride while daily testing and maintenance was being carried out at Ocean Beach Pleasure Park on 19 March 2023.

The 52-year-old sustained severe head injuries and as a result died in hospital 13 days later.

A Health and Safety Executive (HSE) investigation found that Premier Attractions Limited had failed to ensure the health and safety of employees. The company pleaded guilty and was fined £28,000 at South Tyneside Magistrates Court on 17 December 2024.

Mr Cariss, who had been with his partner Helen Wright for more than 15 years, was also a step father to Helen’s three grown-up children, as well as being a step grandparent to nine.

In a written statement provided to the court, Helen said: “Dean had a fantastic relationship with my kids.

“He also idolised his grandchildren, and treated them like his own.

“He was bubbly and fun and would do daft things with them.

“He was very generous and liked to help people.”

That helpful and generous nature also included him acting as Helen’s carer for several years.

“My whole life has been turned upside down and back to front,” she went on to say.

“He would move heaven and earth for me.

“He was a big personality and I miss the fun and laughter.

“Silence is deafening when I am in the house on my own.

“Everybody fell in love with him when they met him. There was no serious side, just laughter and fun.”

The investigation by HSE found that Premier Attractions Limited had failed to ensure the health and safety of employees.  It was found that a suitable and sufficient risk assessment had not been carried out and proper controls had not been employed to prevent employees accessing dangerous areas whilst the ride was operating.

Premier Attractions Limited of Little Hulton, Manchester, pleaded guilty to failing to comply with section 2(1) of The Health and Safety at Work etc Act 1974 – an offence contrary to s.33(1)(a) of that Act. They were fined £28,000 and ordered to pay £5,976 costs.

HSE Inspector William Gilroy said: “This tragic incident led to the avoidable death of a caring, family man.

“Dean’s death could easily have been prevented if his employer had acted to identify and manage the risks involved, and to put a safe system of work in place.

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

Further information:

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

A Blackburn-based engineering company has been fined £80,000 after a man described as ‘caring and loving’ by his family was killed after being crushed under a machine.

Connor Borthwick, from Wigan, was working for Partwell Special Steels Limited at its site in Bruce Street when the incident happened on 25 November 2021.

The 22-year-old and another employee were moving a large cutting press machine across a workshop floor when it became unbalanced, resulting in Connor being fatally crushed.

Speaking on behalf of the family, his sister Emily said Connor was her “amazing, caring, loving and funny little brother”.

“Everyone loved Connor,” she said.

“He was a good soul, and this was evident from the more than 700 people who came to his funeral to pay their respects and share their personal accounts of how Connor had touched their lives.

“He was 22, life hadn’t begun for him, and it was over.

“Some simple steps should have been taken and weren’t, if they were Connor would be with us today.

“It’s hard to explain to people what we have been through, are going through. We don’t want another family to go through what we have.”

An investigation by the Health and Safety Executive (HSE) found that Connor and his colleague were attempting to move the machine across the workshop, using skates placed underneath.

However, as the machine was being lowered by a jack onto one of the skates, it became unbalanced and fell backwards onto Connor, trapping him beneath. He suffered catastrophic crush injuries and subsequently passed away.

The investigation also found that Partwell Special Steels Limited of Stanley Street, Blackburn, had not undertaken an assessment of the risks involved with moving the machine and that the task had not been suitably planned and no safe system of work had been provided to the employees. Additionally, it was found that neither employee had been provided with suitable and sufficient training to ensure they had the necessary relevant competence to undertake the task. A suitable and sufficient assessment of the suitability of the work equipment provided would have shown that the skates used were unsuitable for this work.

The company pleaded guilty to breaching regulation 2(1) of the Health and Safety at Work etc Act 1974. They were fined £80,000 and was ordered to pay £6,713 in costs at a hearing at Preston Magistrates Court on 16 December 2024.

HSE Inspector Anthony Banks said: “This company’s failures resulted in the death of a much loved young man.

“Those in control of work activities, including the movement of heavy machinery from one part of a site to another, need to assess the risks of that work, and plan a safe way to undertake it.

“This tragic incident could have easily been avoided with the right controls in place.

“My thoughts remain with Connor’s family.”

The prosecution was supported by HSE enforcement lawyer Sam Crockett and paralegal officer Gabrielle O’Sullivan.

Notes to editors:

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

• Proposals follow series of GB consultations and intend to reduce harm to the environment
• Regulator proposes alternatives to lead ammunition would need to be used for some outdoor shooting
• Derogation proposed for athletes who are preparing for Olympic and Paralympic Games

The Health and Safety Executive (HSE) in its role as the Agency for UK REACH, has today set out proposals to be considered by government ministers in England, Scotland and Wales to restrict the supply and certain outdoor uses of lead ammunition in Great Britain.

Under the proposals the use of lead shot for live quarry shooting and target shooting would be prohibited.

Dr Richard Daniels, HSE’s Director of Chemicals Regulation Division said:

“Following a comprehensive analysis of the evidence, we propose new restrictions to protect wildlife, particularly wildfowl and birds of prey, from lead poisoning. They would prevent an estimated 7,000 tonnes of lead entering the environment each year.

“The final agency opinion follows significant responses to two public consultations. We worked through nearly 11,000 responses – dwarfing the recent exercise in the EU.

“This detailed work, carried out under our UK REACH obligations, sets out the necessary balance we have struck to protect the environment and minimise disruption to those who shoot.

“Currently, the risks of lead shot to the wider environment are not adequately controlled. While there are already legally binding measures in place to protect Britain’s wildlife in designated wetlands from the use of lead shot, our analysis has demonstrated the need for further restrictions.

“People will still be able to continue to shoot, but we are proposing that for some outdoor uses in the future, alternatives to lead ammunition would need to be used.”

Further information

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
2. In its role as the Agency for the UK Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation, which is the framework for managing the risks from chemical substances in Great Britain, HSE has worked with the Environment Agency and published its final opinion on its restriction proposals to control the risks from lead in ammunition.
3. The published opinion was developed after considering the 2,759 responses received from the 6-month public consultation in 2022. Additionally, in line with the legal requirements under the UK Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation, HSE opened a 60-day public consultation on the draft socioeconomic opinion last year  – this again received a large number of responses (8,159).
4. The Agency also met stakeholders to listen to their concerns, gather evidence and discuss the proposals. The Agency’s final consolidated opinion has been reviewed by a Challenge Panel made up of independent experts from the REACH Independent Scientific Expert Pool (RISEP), who provide scrutiny and challenge.
5. One exception where use of lead shot could still be used for outdoor target shooting is for athletes training for international competitions, such as the Olympics and Paralympics, where the use of lead shot is mandated. HSE has proposed a derogation for this, for athletes that meet defined criteria. This would allow competitive athletes to continue training and representing their country.
6. The EU is also currently considering a proposed restriction on the use of lead ammunition in all habitats, which has passed all the ECHA committee stages and is now being considered by the European Commission. The EU received 319 responses for their 6-month public consultation on their dossier (and extended the process by 6 months) and received 175 responses for their 60-day SEA consultation.
7. HSE, in its role as the Agency for UK REACH, has also identified a risk to young children and women of childbearing age who consume high volumes of game meat shot with lead ammunition. The Food Standards Agency already recommends that pregnant woman cut down on game meat in their diets. Food Standards Agency advice on lead shot game can be found here: https://www.food.gov.uk/safety-hygiene/lead-shot-game.
8. For bullets, other derogations would allow the use of lead bullets in target shooting at outdoor ranges with appropriate risk management measures in place. HSE estimates that 95% of outdoor ranges already have these controls. In developing this derogation the Agency met with shooting organisations to discuss current practice at ranges.
9. HSE also proposes that the use of large calibre lead bullets (≥6.17 mm) for live quarry shooting is prohibited, as there are viable alternatives which can be used. However, as concerns remain regarding the technical feasibility and socioeconomic impacts of non-lead alternatives for small calibre bullets, HSE are not currently proposing to restrict their use for live quarry shooting.
10. HSE has sent its final opinion to the Appropriate Authorities (i.e. the Defra Secretary of State and the Scottish and Welsh Governments). The Appropriate Authorities will now consider the proposals and decide if legislation should be drafted to start the process of introducing a restriction on lead in ammunition.

A metal fabrication company has been fined £40,000 after an employee suffered a serious leg fracture that led to a below the knee amputation.

The 37-year-old man and a colleague had been loading a steel beam onto the bed of a lorry in the visitors car park of London Gates and Railings Ltd in Watford on 30 August 2022. His colleague was operating a fork lift truck (FLT) with the steel beam suspended from it using a sling attachment, while man had been walking ahead of it using his hands to stabilise the beam. However, as the FLT moved forwards, the man’s foot was caught by the front wheel of the FLT resulting in serious injuries to his lower leg.

At the time of the accident members of the public were present in the visitors’ car park. The man’s injuries were so serious he had to have surgery to have the lower part of his leg amputated.

An investigation by the Health and Safety Executive (HSE) found that London Gates and Railings Ltd failed to properly assess the risk for loading lorries and provide a suitable safe system of work. The FLT operator had not been trained and access to and use of the FLT was not adequately controlled. There were also inadequate measures in place to segregate pedestrians, including members of the public, from workplace transport and associated lifting operations.

London Gates and Railings Ltd of Guillmore Farm, Sandy Lane, Watford, pleaded guilty to breaching Section 2(1) and 3(1) of the Health and Safety at Work etc Act 1974. They were fined £40,000 and ordered to pay £5,114 costs at a hearing at St. Albans Magistrates Court on 10 December 2024.

HSE Inspector Adam Johnson said: “Incidents involving fork lift trucks (FLT’s) and work place transport remain one of the most common causes of work-related accidents in this country.

“In this case, a suitable and sufficient assessment of risk, together with a planned safe system of work should have been completed.

“Only workers who are trained and authorised should operate FLT’s. Access and use of them should be properly controlled. Adequate measures must also be in place to properly segregate pedestrians from workplace transport and associated operations”

This prosecution was brought by HSE enforcement lawyer Neenu Bains.

Further information:

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

A roofing firm has been fined while its director has been handed a suspended prison sentence after putting the lives of workers at risk during a roof renovation in Surrey.

Weather Master Roofing Limited and company director Jack Avanzo, also known as Jack Avenzo, were sentenced at Brighton Magistrates’ Court on Monday following a prosecution by the Health and Safety Executive (HSE).

The HSE investigation found workers were seen operating without any scaffolding or edge protection on the roof of a house on Flint Hill, Dorking, on 21 February 2023. This put the workers at risk of falling from height, while there were also no measures to mitigate a fall, with the likes of harnesses not being used. Workers were also observed using the lights from their phones and torches while working on the property at night.

The group were working under the control of Weather Master Roofing Limited and Mr Avanzo, 20.

HSE subsequently served Weather Master Roofing Limited with an Improvement Notice on 28 February 2023. The notice required the company to improve how it planned, carried out, supervised and monitored the work that was taking place on the roof.

The company failed to comply with the notice.

HSE has clear guidance on its website about how to plan and carry work at height out safety, including the preventative measures required.

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

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

HSE inspector Stephanie Hickford-Smith said: “Falls from height are still the single biggest cause of work-related deaths in Great Britain. The law is clear – suitable and sufficient measures must be taken to prevent, where reasonably practicable, any person falling a distance liable to cause personal injury. Support and practical guidance on how to comply with the law is publicly available, free of charge. There is no excuse for putting workers lives at risk.”

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

Further information:

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

A company that manufactures plastic products for the food industry has been fined £330,000 after a young dad was killed while doing his job.

Nathan Hook, a father of one, was working for Suffolk-based Maynard and Harris Plastics, when he was drawn into rotating machinery. As a result, the 34-year-old suffered fatal head injuries. The incident happened at the company’s premises in Ellough, near Beccles, on 7 October 2021.

Speaking after the hearing, his mother Jacqueline Castledine said the investigation and prosecution by the Health and Safety Executive (HSE) had ‘completely exonerated’ her son.

“I have very mixed emotions but pleased Nathan’s been completely exonerated,” she said.

“We would like to take this opportunity to thank those have supported us throughout this horrendous ordeal, far too many to mention. But mostly the HSE for their thorough investigation and its conclusions.

“We must now try to move forward keeping Nathan with us always.”

The HSE investigation found that Nathan had been on a late shift and was operating a lathe in the tool room to create a work piece for a machine. He applied emery cloth by hand to the workpiece to debur the metal. Emery cloth is similar to sandpaper and can be used to polish metal workpieces. However, it became entangled and wrapped around the workpiece, drawing him in. His sweatshirt sleeve also became entangled pinning him against the rotating workpiece and causing fatal head injuries.

The investigation found that Maynard and Harris Plastics had failed to provide suitable health and safety training regarding the use of emery cloth on lathes. The company did not have a suitable and sufficient risk assessment for use of alternative methods, such as application of emery cloth using a stick.

Maynard and Harris Plastics, of Ellough, Beccles, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act. They were fined £330,000 and ordered to pay £4,373 costs at a hearing at Chelmsford Magistrates Court on 5 December 2024.

HSE inspector Natalie Prince said: “Our thoughts remain with Nathan’s family.

He was a young dad who should have returned home safely to them at the end of his working day, but because of this company’s failings, he did not.”

This prosecution was brought by HSE enforcement lawyers Nathan Cook and Jon Mack and supported by paralegal officer Imogen Isaac.

Further information:

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

A company has been fined after it failed to manage the risk of legionella bacteria in the hot and cold water systems at HMP Lincoln.

The Health and Safety Executive (HSE) investigation followed the death of an inmate.

Amey Community Limited has now been fined £600,000 after pleading guilty to a health and safety offence.

Graham Butterworth died on 5 December 2017 after contracting Legionnaires’ disease while serving a prison sentence at HMP Lincoln.

Water samples from Mr Butterworth’s cell and nearby shower blocks tested positive for legionella days after the 71-year-old died.

HSE guidance states any risks of exposure to legionella needs to be identified and managed. Further guidance can be found at: Legionella and Legionnaires’ disease – HSE.

The investigation, carried out by HSE inspector Aaron Rashad, found Amey Community Limited, which provided facilities management services at HMP Lincoln, failed to act on a risk assessment carried out in 2016, failed to put in place a written scheme for preventing and controlling legionella risks, failed to ensure that appropriate water temperatures were maintained and failed to monitor water temperatures in the water system in October and November 2017. This allowed legionella bacteria to multiply rapidly.

Amey Community Limited, of Furnival Street, London, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £600,000 and ordered to pay £15,186.85 in costs at Lincoln Magistrates’ Court on 3 December 2024.

HSE inspector Stacey Gamwell said: “There is a legal duty to keep workers and inmates safe in prisons. The occupants of HMP Lincoln had been put at risk of legionella bacteria and developing Legionnaires’ disease because of Amey Community Limited’s failures.

“Companies such as Amey Community Limited need to ensure they have identified any risk of legionella and have suitable and sufficient arrangements in place for managing the risk and control measures they have implemented.”

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

Further information:

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

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

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

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

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

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

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

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

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

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

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

Further information:

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

A plastics manufacturer in Kent has been fined £400,000 after an employee was seriously injured by a forklift truck.

The man was struck by the vehicle while walking to collect materials at FloPlast Limited’s site at Eurolink Business Park on 4 July 2023.

The driver of the forklift truck failed to see the worker, who sustained multiple leg fractures and a dislocated ankle, requiring him to have a metal plate fitted in his left leg.

A Health and Safety Executive (HSE) investigation found a number of measures lacking at the site in Sittingbourne:

• FloPlast Limited had no documented safe system of work and that nobody was following the measures the firm thought were in place
• CCTV footage showed multiple drivers and pedestrians circulating in close proximity
• A site inspection by HSE found employees were not observing one way systems or following systems of work
• HSE also established that there was no system in place to monitor compliance or to remind employees and drivers of the systems of work
• Finally, it was found that nobody had assessed the vehicles being used by workers to ensure they provided good visibility.

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

FloPlast Limited, of Eurolink Business Park, Sittingbourne, Kent, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £400,000 and ordered to pay £5,567 in costs at Maidstone Magistrates’ Court on 14 November 2024.

HSE inspector Peter Bruce said: “Poor vehicle and pedestrian segregation in the workplace is a common cause of fatal incidents and injuries. The employee in this instance suffered multiple fractures and has had to have a metal plate put into their leg which they will have for the rest of their life.

“Employers need to ensure that they have suitable measures in place to segregate out pedestrians and vehicles. This includes: the provision of safe systems of work, appropriate training procedures and systems for ensuring compliance with those measures.

“Where it is identified that employees are not following these measures, employers should consider the reasons behind this implementing further measures as appropriate to the risk.”

This HSE prosecution was brought by HSE enforcement lawyer Neenu Bains and supported by HSE paralegal officer Daniel Adams.

Notes to editors:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Notes to editors:

1. 1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
   2. More information about the legislation referred to in this case is available.
   3. Further details on the latest HSE news releases is available.
   4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.
   5. Following a trial, Mr Ronald Efferion was found not guilty of breaching Section 7(a) of the Health and Safety at Work etc. Act 1974.