Press release

Company fined after an explosion seriously injured two employees

A company which produces electricity from food waste by anaerobic digestion, has been fined more than £300,000 after an explosion caused two employees to suffer life changing injuries.

The metal tank the two men were working on was projected high into the air before crashing to the ground nine seconds later.

Footage of the blast has been released.

On 20 September 2017, two employees of Bio Dynamic (UK) Limited were using a grinder to cut and replace pipework at the top of an 11-metre high metal tank containing waste slurry. They were not using harnesses. Sparks from the grinder ignited flammable gasses causing the tank to explode.

Footage of the explosion captured by CCTV has now been released.

Tomasz Patek was flung out of the mobile elevating work platform (MEWP) into the air and landed on the ground in the slurry around the tank. He suffered serious injuries to his back, head and torso and was in hospital for two months.  His injuries were so severe that he was not able to work for more than two years.

Tomasz suffers from pre and post-traumatic amnesia and has no specific recollection of the events. In a  statement, he reveals the psychological scars from the incident; “After the accident, I was unable to recover emotionally.

“I did not realise what had happened and was in deep shock. I could not cope with the pain. I could not accept an accident had happened to me.”

Robert Tyrko was thrown into the air and landed back in the basket of the MEWP. Following the incident, Robert’s leg was amputated and he remains wheelchair bound as treatment is still ongoing to receive a prosthesis. Also, he sustained a fractured skull and a piece of metal in his elbow that continues to affect his daily life.

In his statement, Robert explains how the explosion has affected his day-to-day life; “This whole situation is having a huge impact on my relationship. I can’t help my wife in anything like I used to be able to. Magda is both wife and husband because all my responsibilities fell on her; along with the kids.

“Also my personality is explosive. I lose my patience very quickly. I attended appointments with a psychologist because I had nightmares that I was still having this accident.”

A joint investigation by the Health and Safety Executive (HSE) and the Environment Agency found that the company had failed to ensure the health and safety of its employees and others nearby. The company had kept and treated waste in a manner likely to cause pollution to the environment. The explosion was caused by multiple failures in the company’s management system and exacerbated by multiple breaches of the company’s environmental permit.

At a hearing at Nottingham Crown Court on 22 November 2024, Bio Dynamic (UK) Limited, of Colwick Industrial Estate, Nottingham:

After the hearing, HSE inspector Richenda Dixon said: “It’s remarkable that Robert and Tomasz weren’t killed.

“This incident resulted from fundamental and multiple failings by the company to properly manage its health and safety risks.

“These included failing to ensure that the design, installation and use of the tanks were safe; failing to carry out risk assessments; failing to put in place a safe system of work; and failing to train and supervise employees.”

Senior Environmental Crime Officer for the Environment Agency Iain Regan said: “This was a lengthy and technically complex investigation by the Environment Agency and the HSE during which we found that the company’s attitude towards environmental compliance was largely cosmetic.  Although the site had an environmental permit, the company was not complying with the conditions of the permit or with their own management system and procedures.

“The site had unauthorised gaseous emissions points and undertook modifications to their process which were not risk assessed or notified to the Environment Agency.  The company did not recognise or understand the impact that these changes had on the safety of the plant and failed to take action, when warned, which could have prevented the incident.  These factors, and a failure to implement permit to work procedures, including appropriate risk assessment, created all the necessary conditions on 20 September 2017 for the explosion which occurred.

“Sites which receive, treat or dispose of waste must be permitted to ensure that they minimise the risk to the environment or human health.  Incidents such as the explosion at Bio Dynamic show why it is essential that such sites strictly comply with all the conditions of their environmental permit and take their environmental responsibilities seriously.  The consequences of the company’s failure to comply with its environmental permit could have been fatal.  As it is, two employees have been left with life changing physical and mental injuries which continue to devastate their lives seven years on from this incident.”

 

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.
  1. Guidance on anaerobic digestion can be found here: Disposal and energy recovery (hse.gov.uk), Dangerous Substances And Explosive Atmospheres, L138: Dangerous Substances and Explosive Atmospheres Regulations 2002. Approved Code of Practice and Guidance, L138 (hse.gov.uk)
  2. The Environment Agency is the principal body in England with responsibility for the regulation of waste management facilities, the investigation of environmental crime and the prosecution of environmental offences.
  3. Environment Agency press releases are available on UK.
  4. Guidance from the Environment Agency on anaerobic digestion can be found at www.gov.uk/guidance/biological-waste-treatment-appropriate-measures-for-permitted-facilities

Two companies fined after man falls through roof of Salford skate park

Two companies have been fined more than £100,000 after a man fell 30 feet through a fragile skylight as he was working on a roof.

Nicolas Vilela suffered multiple injuries in the incident at Graystone Action Sports Centre, on Brunel Avenue in Salford on 23 November 2022.

Now 43, Mr Vilela had been fixing a solar panel into position on the roof when he took a step back and fell through one of the skylights to the skate park below, narrowly missing several people. His horrific injuries included a partial lung collapse, broken ribs, pelvis, femur and left wrist as well as fractures to lower vertebrae. He spent a month in hospital.

Overview of Graystone Action Sports Skatepark from viewing area

Falls from height remain a leading cause of workplace death and HSE has published guidance about how these incidents can be avoided.

Speaking as the companies were fined, Mr Vilela said the incident had affected him both physically and emotionally.

He said: “It has had an overwhelming and complicated impact on my life, having, until then, been a very active, dynamic person”

“A fall from a height of 10 metres is not something you survive.

“I broke my femur, pelvis, wrist, vertebrae and ribs. A lot worse could have happened but I am grateful for the fact that I am alive and can walk, but I will live with this trauma for the rest of my life.

“I have developed a fear of heights and a fear of any physical activity that could cause me harm. I am also really worried about how my body will respond in old age as a result of these injuries.

“I am unable to walk for more than a kilometre without feeling pain and getting very tired due to the loss of strength and mobility in my leg. My pelvic fracture impedes me from doing any heavy lifting and I live in fear of damaging it even more.”

Cones used to mark out location of fragile skylights

An investigation by the Health and Safety Executive (HSE) found that H2O Renewables Limited (H2O) were the principal contractor engaged for work to install solar panels to the roof of the indoor skate park and had engaged Green Projects Ltd (GPL) as sub-contractor to fit the roof mounted system. H2O planned the work during which time they were aware of multiple fragile rooflights in close proximity to where the solar panels would be fitted.

The risk assessment produced by H2O stated cones and warning tape would be used as a control measure to warn operatives of the risk of falling through the fragile roof lights, and fixed scaffolding would be used to prevent risk of falls from the perimeter of the roof. By the time the work started on 22 November 2022, the fixed scaffold had only partially been erected, and only the cones had been placed next to the skylights.

Despite the insufficient control measures being present to mitigate the risks from work at height, GPL’s operatives were allowed to start work to fit the solar panels.

The investigation also found that H2O Renewables Limited and Green Projects Ltd, had failed to take suitable and sufficient precautions to ensure the safety of workers on the roof. Both companies had also failed to put in place a safe system of work for the installation of solar panels that were to be fitted in close proximity to many of the fragile roof lights present.

Skylight injured person fell through

H2O Renewables Limited of Hazel Grove, Stockport, pleaded guilty to breaching regulation 13(1) of the Construction (Design and Management) Regulations 2015. They were fined £106,720 and ordered to pay £4,995 costs at a hearing at Manchester Magistrates Court on 20 November 2024.

At the same hearing, Green Projects Ltd of Albert Street, Oldham, pleaded guilty to breaching regulations 6(3) of the Work at Height Regulations 2005. They were fined £13,340 and ordered to pay £1,600 costs.

After the hearing, HSE inspector Phil Redman said: “This was a very serious incident that Mr Vilela was extremely lucky to survive.

“A fall from this distance frequently results in life-changing injuries or death.

“It is a timely reminder that all work at height activities must be suitably planned, managed and monitored using a safe system of work.”

This prosecution was brought by HSE enforcement lawyer Kate Harney and paralegal officer Rebecca Withell.

 

Notes to editors:

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

HSE publishes annual work-related ill health and injury statistics for 2023/24

The Health and Safety Executive (HSE) has today (Wednesday 20 November) published its annual statistics on work-related ill health and workplace injuries.

The statistics reveal that the number of workers reported to be suffering from work-related ill health during 2023/24 is 1.7 million – which is similar to 2022/23 (1.8 million workers).

The rate of self-reported work-related ill health remains broadly similar to the previous year, although the current rate is still higher than the 2018/19 pre-pandemic level.

Approximately half of those reporting ill-health relate to stress, depression or anxiety, with an estimated 776,000 cases in 2023/24. The current rate of self-reported work-related stress, depression or anxiety is higher than the pre-pandemic level but has decreased from 910,000 in 2022/23.

An estimated 33.7 million working days were lost in 2023/24 due to self-reported work-related ill health or injury.

HSE’s chief executive Sarah Albon said: “This year marks 50 years since the legislation which established HSE was passed. Much has been achieved in that time, including a dramatic reduction of around 85 per cent in the numbers of employee fatal injuries in the workplace.

“Today, Great Britain is one of the safest places in the world to work but these statistics serve as a reminder that there is still room for further improvement, and we remain committed to ensuring people remain safe and healthy wherever work is taking place.”

HSE’s statistics also reveal the impact work-related ill health and workplace injuries are having on Britain’s economic performance.

In 2022/23, the estimated annual costs of workplace injury and new cases of work-related ill health reached £21.6 billion, which is £1.6 billion less compared with 2021/22.

The figures also show that 138 workers were killed in work-related accidents in 2023/24, while 604,000 workers sustained a self-reported non-fatal injury in the workplace during the same period.

 

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. Details on HSE’s work-related mental health campaign, Working Minds, can be found here Working Minds – Work Right to keep Britain safe
  3. Details on HSE’s new 10-year strategy can be found here HSE strategy 2022 to 2032 – About us – HSE.
  4. HSE’s annual statistics on work-related ill health and workplace injuries for 2023/24 can be found here – Health and safety statistics – HSE

Wood panelling firm fined £400,000 after injured worker loses leg

A wood panel manufacturer has been fined £400,000 after a worker suffered life-changing injuries at its factory in Chirk, near Wrexham.

The incident happened at Kronospan Limited on 31 March 2021, when a pack of waste MDF sheets weighing around 350kg fell from a trailer and landed on the left leg of Mark Hughes from Johnstown.

The injuries sustained by Mr Hughes, now 53, were so serious they resulted in him having his left leg amputated below his knee. The loss of his leg has been life-changing and he has since had to move to an accessible house. He is no longer able to carry on with his hobbies and struggles to climb stairs.

Mark Hughes was seriously injured when a pack of waste MDF sheets fell from this lorry

“My injury has changed everything in my life, it is like somebody dropped a bomb on our life and never picked up the pieces,” he said.

“Everything now just takes a lot of planning to do and spontaneous trips do not happen anymore.

“I won’t go anywhere that has a lot of steps.”

The packs of MDF sheets weighed approximately 350kgs

After more than two years off work, Mr Hughes has been able to return to the company, but only in a part-time capacity.

“Some days I feel okay but some days after work I feel absolutely knackered.

“I’ve worked for Kronospan for 27 years and I feel since my accident it would be difficult to find a job somewhere else and start over,” he added.

“A lot of my social connection was from work because I used to work a lot of hours.

“I have a quality of life but it is a lot different than what it used to be.”

Kronospan Limited was fined £400,000 as a result of the incident

An investigation by the Health and Safety Executive (HSE) found that a colleague of Mr Hughes had loaded a flatbed trailer with waste MDF sheets for him to transport across the site to be destroyed. When he began to take off the straps holding the sheets in place, a pack fell off the trailer and landed on top of him. The road across the site was poorly maintained and had lots of potholes.

The investigation also found that there was no suitable risk assessment or system of work in place specifically relating to the risks associated with the stacking, movement and loading of waste MDF sheets.

Kronospan Limited of Chirk, Wrexham pleaded guilty to breaching Section 2(1) of the Health & Safety at Work etc. Act 1974. They were fined £400,000 and ordered to pay costs of £4,701 at Wrexham Magistrates Court on 19 November 2024.

Speaking after the hearing, HSE inspector Marie Wheeler said: “A man has suffered truly life-changing injuries as a result of this company’s failures.

“The incident was completely preventable had a proper risk assessment been carried out.

“Nor did the company have a suitable safe system of work in place.

“HSE will always take action when basic failures like these result in very serious injury.”

 

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.

Ginsters owner fined £1.28m after employee crushed to death by lorry

The owner of Ginsters has been fined £1.28 million after an employee was killed by a lorry that was delivering supplies to the bakery where it makes its pasties.

Paul Clarke was fatally crushed on 2 December 2021 after being struck by the vehicle as it reversed into a loading bay at The Cornwall Bakery, Callington, operated by Samworth Brothers.

He was taken via helicopter to Derriford Hospital, where he later lost his life.

“Our lives will never be the same without Paul,” his mother has said in a statement.

Paul Clarke

The 40-year-old, who worked as an intake operator at the bakery, had been moving strip curtains in the loading bay before being struck by the lorry.

A Health and Safety Executive (HSE) investigation found Samworth Brothers had not assessed the risks associated with the temporarily installed strip curtains and that there was no safe system of work to move them out of the way when the lorries reversed into the loading bay. The strip curtains had been installed in place of a faulty roller door.

The site staff had not been provided with training or instructions to move the curtains and had devised their own methods, which included standing in the yard behind reversing vehicles. Mr Clarke was new to the role and was working his first lone shift. Management failings had not picked up the additional risks associated with this task.

The intake bay where the incident occurred

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

Bernice, Paul’s mother, said in a statement: “Paul was a family man and loved big family holidays, which will never be the same without him. I have not been on a family holiday since I feel so much guilt towards Paul, we don’t celebrate Christmas as the date is too close and it is just not the same.

“Paul and I had a very special relationship between a mother and a son. We were always talking and catching up. I would call him every weekend and see what he was doing. He would always come out with us on a bike ride or a walk. We all miss Paul very much every day, our lives will never be the same without Paul.”

Samworth Brothers Limited, of Samworth Way, Melton Mowbray, Leicestershire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £1.28 million and ordered to pay £24,106 in costs at Plymouth Magistrates’ Court on 7 November 2024.

HSE inspector Aimie Baker said: “Bernice’s words make clear the impact the passing of Paul has had and our thoughts remain with her and her family.

“Workplace transport incidents involving pedestrians are a major cause of fatal injuries in the workplace with 25 such recorded fatalities in 2023/24. Employers should plan their workplace to reduce contact between pedestrians and vehicles.

“Their risk assessment should consider workplace transport activities, including loading and unloading, and ensure that pedestrians are safe from the risks associated with vehicle movements where they interact. The management arrangements further require employers to monitor and review their measures as appropriate for the risks.”

This HSE prosecution was brought by HSE enforcement lawyers Daniel Poole and Kate Harney, who were supported by HSE paralegal officer Imogen Isaac and HSE litigation officer Helen Vigus.

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.

Fine for council after man ‘who loved life’ killed by falling tree

Cheshire East Council (the council) has been fined £500,000 after ‘the most amazing man’ was killed by a falling tree.

Christopher Hall, 48, from Wilmslow, was walking his dog in The Carrs – one of the town’s parks – on 28 August 2020, when the large limb of a tree fell and struck him. He received multiple injuries and sadly died at the scene.

Less than a year before, another large limb from the same tree had fallen off but the incident was never investigated by the council or its ground maintenance company Ansa Environmental Services Limited. As the District Judge sentenced both at Chester Magistrates Court on 8 November 2024 he said that the previous incident should have “acted as a wake-up call”.

Chris with wife Fiona and son Sam on their way to Bali

In a victim personal statement, Chris’s wife Fiona said her husband “loved life and life loved him”.

“Seeing his face, you will get a sense of who Chris was, what he meant to those around him and what we have lost,” she said.

“His image serves not only as a tribute to the most amazing man but also a focal point and brutal reminder of why seeking justice matters so very deeply.

“Chris loved life and life loved him.

“His death was utterly senseless and wholly avoidable.

“He was simply walking our dog on a dry, warm, summer’s day.

“His loss is colossal, his absence is immense and he leaves a void that can never be filled.”

4. The stump of the tree after it had been cut down, with the limb remnants and floral tributes to the right of the pathway

An investigation by the Health and Safety Executive (HSE) found that when same tree had shed another large limb in September 2019, no investigation was carried out by those responsible to assess whether the tree posed a future safety risk. The council, who controlled the park, did not have a formal overarching tree strategy to manage the risks from trees in public places, and their grounds services contractor, Ansa Environmental Services Limited, had no robust tree management policy.

Organisations who are responsible for trees in areas regularly used by members of the public often adopt a concept called “zoning”, where trees are prioritised for proactive checks based on frequency of public access. HSE guidance is available here.

Chris and his son Sam visiting the Great Wall of China

In his own statement, Chris’s son Sam spoke about the impact his dad’s death has had on his life.

“For the past four years, it’s felt like a long, painful trail – a path we never wanted to be on,” he said.

“Losing dad was losing my life and strength. I miss every little piece of him – his laughter, wisdom, and adventures we shared.

“Our travels ignited a passion in me, but now every journey feels bittersweet without him.

“I’ve taken up diving, which was one of his dreams for us. Being underwater helps me connect with him.”

Cheshire East Council pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974. They were fined £500,000 and ordered to pay £7,284 costs at a hearing at Chester Magistrates Court on 8 November 2024.

There was no separate penalty for Ansa Environmental Services Limited of Middlewich, Cheshire, who also pleaded guilty to breaching 3(1) of the Health and Safety at Work Act 1974. They were ordered to pay a nominal fine of £500. In passing his sentence, the District Judge said it would have been disproportionate to impose fines on both.

3. Contractors taking down the remaining tree limb after the incident

HSE inspector Lorna Sherlock said: “This was an utterly tragic event that has caused the death of a much-loved husband and father.

“Had this public area been better managed, this death might have been avoided. No lessons were learned from the limb falling off the tree less than a year before.

“Cheshire East Council had not adopted a formal overarching tree strategy to manage the risks from trees in public places since it was formed in 2009.

“There was no overarching, consistent risk identification process leading to zoning of trees in all frequently accessed public areas.

“Fiona and the family have shown great courage and fortitude throughout their ordeal.”

The prosecution was brought by HSE enforcement lawyer Matthew Reynolds 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 on managing the risk posed by trees is available.

Manchester engineering firm fined after apprentice loses fingers

A Manchester-based engineering company has been fined £500,000 after a young apprentice lost the use of two fingers when using a horizontal bandsaw.

The apprentice, who was just 18 at the time, suffered the serious injuries to his fingers in an incident at Proline Engineering Limited in Worsely, on 7 November 2022. While one finger was severed completely, the other was surgically re-attached. However, the now 20-year-old has been left with very little movement and nerve damage in that finger. He had only been on a placement with the firm in order to gain experience in fabrication and engineering and was just over a month into this placement when the incident occurred.

The horizontal bandsaw the apprentice had been using

An investigation by the Health and Safety Executive (HSE) found that he was being taught how to weld as part of his apprenticeship placement. This process required multiple sections of steel to be available to practice welding on. After a brief period of verbal training he was permitted to cut lengths of steel into these sections using a horizontal bandsaw, which was located in a shipping container some distance away from the main workshop.

HSE inspector Tracy Fox said: “This young man was at the very start of his career.

“As a result of this companies failures, he sustained serious and irreversible injuries that have been truly life changing. Those injuries have impacted on many aspects of his life and resulted in him having to undergo numerous operations and procedures.

“Once a keen mountain biker and member of his local gym, his hand grip is such that he can no longer take part in those activities that he used to love.”

The horizontal bandsaw was located in a shipping container some distance away from the main workshop

On the day the incident happened, he had been working unsupervised when he noticed the bandsaw was not completing a full cut due to a build-up of metal debris underneath the sawblade. As he attempted to clear away the debris, his fingers came in contact with the moving sawblade, instantly severing one finger and severely damaging another. He was taken to hospital where he remained for six days.

The investigation also found that Proline Engineering Limited had failed to carry out a suitable and sufficient risk assessment, resulting in a failure to provide suitable guarding arrangements on the bandsaw and had failed to put in place an adequate safe system of work. It also revealed inconsistencies and inadequacies in the provision of information, instruction, training and supervision for those required to use the bandsaw.

The machine the apprentice was using was subsequently taped off following the incident

The company pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 at Manchester Magistrates’ Court. They were fined £500,000 and ordered to pay £5,317 costs at a hearing at on 6 November 2024.

HSE inspector Tracy Fox went on to say: “Had even the most basic safeguards been put in place this incident would have been avoided.

“The risks arising from operating machines such as bandsaws are well known. HSE has clear guidance on the provision and use of work equipment that can help in preventing incidents like this from happening.

“We would like highlight that all employers should make sure they properly assess their workplace for these risks and act to ensure that effective measures are in place to minimise the risks associated with operating machinery.

“It is crucial that as part of this assessment employers consider and manage any increased risks that may be associated with inexperienced employees.”

This prosecution was brought by HSE enforcement lawyer Gemma Zakrzewski 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 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 on working safely with machinery is available.

Fine for construction company after father of three left paralysed

A father-of-three was left paralysed from the chest down after falling through a ceiling at a house renovation in Derbyshire.

Chesterfield builder Andrew Clifford remained lying face down on the floor for around six hours before he was found by a delivery driver. He judged the time by hearing hourly news bulletins from his radio.

Andrew had been working alone installing first-floor joists during the construction of a house on Main Road in Dronfield. The 51-year-old was carrying out the work on behalf of Paul Freeman Limited – a Mansfield-based company he had worked with for around 20 years.

The Health and Safety Executive (HSE) has prosecuted the company for failing to properly plan work at height.

On the morning of 31 October 2022 Mr Clifford slipped and fell from the first floor to the ground below and was left unable to move.

He spent nearly five months in hospital, with the injuries to his spinal cord so serious they left him paralysed from the chest down, with only limited movement in his hands and arms.

Speaking about the day that changed his and his family’s lives forever, Mr Clifford said: “The first thing I recall after my fall was landing on my head.

“From that point it was a very strange feeling as from when I landed, I felt no pain and I couldn’t understand why or that I couldn’t get up.

“My radio was on and I judged the time by the news. After an hour, I tried to move again and this carried on for around three hours. Eventually, I realised this was serious and I thought I’d better stay still as I didn’t want to cause further injuries.

“This wasn’t the type of street where people were walking past and as it started to get dark I was getting really worried.

“When I was found by the delivery driver I heard him shout out, ‘hello, hello, hello’.

“I think I fell between 9am and 9.30 and wasn’t found until 3pm.”

He went on to say how being a builder was a job he loved and described the impact the incident has had on his everyday life.

“I can’t do anything I used to love doing before,” he said.

“Simple things like doing the gardening, washing the car and jobs around the house.

“I can’t even wash or dress myself now.

“I haven’t been upstairs in my house since the accident – my wife and three daughters all sleep upstairs and I sleep alone downstairs.

“Another thing that really upsets me is the thought of not being able to walk my daughters down the aisle when they get married.”

An investigation by the Health and Safety Executive (HSE) found that Paul Freeman Limited failed to ensure that work at height had been properly planned and, as such, no measures had been implemented to prevent falls during the construction of the first floor. Mr Clifford had not been provided with suitable instruction as to how the work should be carried out and was therefore left to work this out on his own.

Working at height remains one of the leading causes of death in the construction industry and HSE has detailed published guidance on minimising the risks associated with it.

Paul Freeman Ltd of Synergy House,  Acorn Business Park, Commercial Gate, Mansfield, Nottinghamshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 at Derby Magistrates’ Court on 4 November 2024. They were fined £40,000 and ordered to pay costs of £6,263.

HSE inspector Sara Andrews said: “My thoughts remain with Andrew and his family, whose lives have changed dramatically as a result of this preventable incident.

“This case highlights the importance of undertaking a thorough assessment of the risks for all work at height activities and the need to ensure that, where work at height cannot be avoided, suitable control measures are implemented to minimise the risk of serious injury.

“This is even more significant when lone working.”

This prosecution was brought by HSE enforcement lawyer Neenu Bains and paralegal officer Rebecca Forman.

 

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.

Stress Awareness Week: Employers have to fulfil legal duty

Britain’s workplace health and safety regulator, the Health and Safety Executive (HSE), is calling on all employers during Stress Awareness Week 2024 to carry out their legal duty to prevent work-related stress and support good mental health at work.

HSE figures show the average employee suffering from work-related stress, depression or anxiety took an average of 19.6 days off work, almost the equivalent of a month’s working days, with an estimated 875,000 cases in 2022/23.

HSE’s Working Minds campaign provides employers with simple steps to prevent days lost due to work-related stress.

Kayleigh Roberts, Work-Related Stress and Mental Health Policy Lead at HSE, said: “Our statistics clearly outline that there is a work-related stress issue in Britain and we want this to change. A total of 17.1 million working days were lost in 2022/23, and this figure has a serious cost to the individual and to the business. Employers can make a difference by understanding and fulfilling their legal duty  to prevent work-related stress and support good mental health at work.

“That is why we are reminding employers during Stress Awareness Week that it is critical they  recognise the signs of work-related stress and get to the root causes behind this issue. Prevention is better than cure and understanding the risks is the first step to preventing them.”

The legal duties for employers are:

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

HSE offers employers free risk assessment templates and free online training to help bosses keep their workforce healthy.

Kayleigh added: “Although tackling stress may appear daunting for some employers, failing to recognise the signs of work-related stress and acting on them can result in reduced productivity, sickness absence or even losing a valued member of staff. I would urge all employers who are looking for guidance to seek help through our Working Minds campaign, which helps companies follow five simple steps.”

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

Andrew Berrie, Head of Corporate Partnerships at Mind, said: “We’re delighted to continue to support HSE’s Working Minds campaign. Mind has long been working with employers of different sizes and sectors to help them create mentally healthy workplaces, but as these insights show, this has never been more important.

“While many of us will face pressure in our working lives, unchecked and unmanageable pressures can lead to strain and can have a debilitating effect, resulting in stress. Stress can cause mental health problems, and make existing problems worse. For example, if you often struggle to manage feelings of stress, you might develop a mental health problem like anxiety or depression.

“It is vital that employers take steps to mitigate against work-related stress and create an environment in which employees can have open and honest conversations about triggers of stress and poor mental health. This can start with just a simple, person-centred conversation between managers and their teams.”

Jenny Scott, Head of Communications at NEBOSH, said: “The statistics show a worrying picture of the mental ill health that people experience because of their work. But it doesn’t have to be this way. We are delighted to continue our support for the Working Minds campaign, which provides great resources for employers who want to foster good mental health and prevent work-related stress. We will also welcome the HSE’s Phoebe Smith to the NEBOSH Online Conference this November where she will guide delegates through the essential steps of creating a work-related stress risk assessment.”

There are three main reasons employers should prevent work-related stress and support good mental health; it’s the law, it’s good for business and it’s the right thing to do.

What can employers do during Stress Awareness Week?:

Notes to editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. To read more about HSE’s Working Minds campaign click here
  3. For press and media enquiries please contact media.enquiries@hse.gov.uk

School trust fined after pupil injured

A school trust in Surrey has been fined after part of a pupil’s finger was amputated.

The five-year-old boy, a Year 1 pupil at Danetree Primary School in Epsom, had been leaving the toilet on 15 June 2022 when his right hand slipped and went into the hinge side of a door.

There was no door guard installed and he trapped his right hand in the door.

This led to the tip of his middle finger becoming detached as his right hand was stuck in the door.

A teacher found the tip of his middle finger, and the boy underwent surgery to re-attach his finger at St Georges Hospital in Tooting, London.

Although younger pupils in Key Stage 1 were taught in a newer building where hinge guards had been fitted on the doors, the incident occurred in a separate building where the older children in Key Stage 2 were taught.

The Key Stage 1 pupils would use the Key Stage 2 building at least once a week to use its library and learn about music and science. While in this building, the Key Stage 1 pupils were allowed to use the toilets unsupervised.

A Health and Safety Executive (HSE) investigation into the incident found GLF Schools, the trust that runs Danetree Primary School, had failed to identify the risk to its Key Stage 1 pupils while using the toilets. This meant hinge guards were not installed on the toilet doors of the building where Key Stage 2 pupils were taught.

GLF Schools, of Picquets Way, Banstead, Surrey, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The trust was fined £6,000 and ordered to pay £6,875.70 in costs at Staines Magistrates’ Court on 30 October 2024.

HSE principal inspector Emma Stiles said: “This little boy and his family could have been spared a lot of pain and upset if the trust had installed widely available, effective and inexpensive hinge guards on the doors the young children had access to. I would ask all schools to review their estates to make sure they have hinge guards where needed so no other children are hurt in this way when at school.”

This prosecution was brought by HSE enforcement lawyers Jayne Wilson and Jon Mack and supported by HSE paralegal officer Melissa Wardle.

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. HSE made an application for a reporting restriction during this prosecution. This reporting restriction prohibits the publication of any information which may lead to the identification of the injured pupil.