A North Yorkshire construction company has been fined after a worker was struck on the head and killed by a 16-ton excavator.

On 13 January 2021, Dean Myers, an employee of HACS Construction Ltd, was undertaking groundwork activities in a partially excavated trench at a site in Ripon, North Yorkshire.

During the works, the 56-year-old was struck on the head by the moving bucket of the excavator suffering catastrophic injuries to his face and head. He was pronounced dead at the scene by the ambulance service.

The groundworks team had been preparing the trench for the laying of new drainage. Mr Myers had moved to the foot of an existing manhole directly adjacent to the trench when the excavator was reported to have met resistance whilst digging.

With nothing in place to prevent his entry into the danger zone of the excavator, Mr Myers exited the manhole via a makeshift opening to investigate. However, the excavator driver and other workers were not in a position to see that he had entered the danger zone. Here the excavator bucket then swung into him with fatal consequences.

The Health and Safety Executive (HSE) has guidance on excavator industry safety. The precautions needed include considering clearance, visibility and the bucket attachment.

HSE’s investigation found that HACS Construction Limited had failed to identify or assess the risk arising from using the existing manhole chamber as an improvised refuge. This meant the company failed to implement a system whereby workers were prevented from entering the dangerous working zone of the excavator while the machine was being operated by a driver with limited sight. There was also inadequate supervision on site, alongside a failure to carry out monitoring visits which would have identified crucial safety failings.

At Leeds Magistrates’ Court on 24 January HACS Construction Limited of Station Yard, Ripley, North Yorkshire pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc Act 1974. The company was fined £330,500 and ordered to pay £9,141.80 costs.

After the hearing, HSE inspector Ben Caines said: “This tragic incident could so easily have been avoided had HACS Construction Limited simply ensured that adequate control measures and safe working practices were identified and followed.

“The company should have put in place measures including the use of trained plant marshals for high-risk activities, such as the work Mr Myers was undertaking. Such measures are widely recognised and used across the construction industry as well as being advised within HSE and industry guidance.”

This HSE prosecution was brought by HSE enforcement lawyer Gemma Zakrzewski.

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 Kent scaffolding company has been fined and its director given a suspended prison sentence after a scaffolder suffered an 11,000-volt electric shock.

Steven Gilmore, 36, was working for contractor Canterbury City Scaffolding Ltd alongside a small team of scaffolders, to erect a temporary roof scaffold at an open-air drinks depot in Snow Hill, Crawley, West Sussex.

Canterbury City Scaffolding Ltd had been contracted by Drinks Warehouse UK Ltd to erect the temporary roof structure over its open-air depot in order to provide shelter for operations during the winter months.

On 29 November 2021 the father-of-one struck a live 11kV power line running across the site while lifting a six-metre scaffold tube. He then fell over five meters to the ground suffering a badly broken leg. Mr Gilmore sustained life-changing electrical burns to both hands, which he will never regain full use of.

An investigation by the Health and Safety Executive (HSE) found that Canterbury City Scaffolding Ltd and its director had failed to ensure the high-risk temporary roof scaffold assembly job near a high voltage line was properly risk assessed.

The investigation also highlighted that, despite being fully aware of how close the temporary roof scaffold was being built to the 11kV line, no attempt was made by the scaffold contractor or its director to consult UK Power Networks (Network Operator) about line voltage and safe clearance distances.

While directing the scaffold assembly works on site himself, the director allowed his team of scaffolders to use six-metre-long metal scaffold tubes at near vertical angles within striking distance of the high voltage line without any precautions to prevent injury.

Work around overhead power lines, no matter how temporary, is high risk with serious or fatal consequences if not carefully planned and carried out.  Every year people at work are killed or seriously injured when they come into contact with live overhead power lines. Those responsible for work near overhead lines must have a clear understanding of the associated risks and precautions that need to be taken.

At Brighton Magistrates’ Court on 22 September 2023 Canterbury City Scaffolding Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.  Director, Ian Pepper, 48, of Hoath near Canterbury pleaded guilty to an offence under Section 37(1) of the Health and Safety at Work etc. Act 1974.  Sentencing was adjourned to 15 January 2024.

The company was fined £50,000 and Ian Pepper was sentenced to 18 weeks in prison, suspended for 12 months, and ordered to undertake 200 hours unpaid work and 20 rehabilitation activity requirement days.

Speaking after the sentencing hearing, HSE Inspector Susie Beckett said: “This scaffolder’s injuries were life-changing and could have been fatal.

“This incident could have been avoided if this high-risk scaffold job had been properly planned, including seeking free advice from the Network Operator on what precautions to take, and then implementing those well-established precautions to prevent accidental contact with the overhead line.”

This prosecution was brought by HSE enforcement lawyer Jon Mack.

Notes to Editors:

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

• The dangerous material was banned from construction 25 years ago
• Asbestos may still be present in buildings built before 2000
• New HSE campaign emphasises legal duties to manage asbestos

Buildings that people use in their daily lives, such as workplaces, schools and hospitals are the focus of a new campaign to keep people safe from asbestos.

Asbestos: Your Duty launching today, Monday 15 January, aims to improve understanding of what the legal duty to manage asbestos involves.

The Health and Safety Executive (HSE) wants anyone with responsibilities for buildings to do everything they must do to comply with the law and prevent exposure to this dangerous substance, which was widely used in post-war construction before it was completely banned in 1999.

The legal duty to manage asbestos covers a wide range of buildings such as museums, schools, hospitals, and places of worship, as well as workplaces like offices and factories.

Businesses and organisations responsible for premises built before the turn of the century, and especially those between 1950 and 1980 when the use of asbestos in construction was at its peak, must carry out the necessary checks and understand their legal responsibilities.

People who visit or work in these buildings will not be exposed if asbestos is properly contained. But it can become dangerous when disturbed or damaged.

Updated information, new templates (including an asbestos management plan template), and explanatory videos can be found on HSE’s website to help anyone who is unsure of their legal duties – or just need to refresh themselves – on what they need to do.

HSE will check how asbestos is managed when visiting a range of buildings – like schools and hospitals – requiring those responsible for managing asbestos risks to ensure they have the right arrangements in place.

Sarah Albon, HSE’s chief executive said: “To keep people safe from the harms of asbestos, a culture of safely managing asbestos is needed in our building industry and among those responsible for buildings.

“Asbestos exposure in Great Britain is still the single greatest cause of work-related deaths due to exposures decades ago.

“Together, we must protect people in the workplace and reduce future work-related ill health.”

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. Further information on where asbestos can be found is available on HSE’s website.
3. Further details on the latest HSE news releases is available.

A frozen food company has been fined £700,000 after an employee lost two of his fingers following an incident at the firm’s premises in Lincolnshire.

Tom Matthews, from Grantham, now champions health and safety in his current job at a different company, warning others to avoid his misfortune.

He had been working a night shift at McCain Foods’ site in Easton on 2 September 2019 when he suffered serious injuries to his left hand.

While cleaning the company’s batter system machinery, the 33-year-old had attempted to remove string dangling from a chute when his left hand was drawn in and contacted the machine’s rotary valve.

The index and middle finger were later amputated as a result of the incident.

Tom Matthews, a father-of-two said: “The last four years have been hard and an ongoing struggle both physically and mentally.

“I still have circulation problems in my left hand following the incident that should never have happened.

“While I’m currently working, my new role is with the health and safety team at a different company as I want to use my story as an example to others and make sure something like this doesn’t happen again.”

A Health and Safety Executive (HSE) investigation found that McCain Foods had failed to provide appropriate guarding to prevent access to the dangerous parts of machinery, namely the rotary valve. It had not conducted an adequate risk assessment of the batter machine and had not provided employees with adequate health and safety training or supervision.

HSE guidance can be found at: Provision and Use of Work Equipment Regulations 1998 (PUWER) (hse.gov.uk)

McCain Foods (G.B.) Limited, of Havers Hill, Eastfield, Scarborough, North Yorkshire, pleaded guilty to breaching Section 2(1) of the Health & Safety at Work etc. Act 1974 and Section 11(1) of Provision and Use of Work Equipment Regulations 1998 (PUWER). The company was fined £700,000 and ordered to pay £6,508.51 in costs at Lincoln Magistrates’ Court on 22 November 2023.

HSE inspector Muir Finlay said: “This incident could so easily have been avoided had the company taken simple steps to guard dangerous parts of machinery and provide employees with suitable training and supervision.

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

This prosecution was led by HSE enforcement lawyer Jonathan Bambro and supported by Rubina Abdul-Karim.

Notes to Editors:

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

The mother of a man who was killed when the forklift truck he was driving overturned says she still feels angry as he ‘simply went to work and didn’t come home.’

Jamie Anderson was killed on 4 June 2019, when the forklift truck he was operating overturned at a depot in Newark.

The 35-year-old father of one, was found in the car park trapped under the roll cage of the vehicle. He had been using a counterbalance forklift truck to move waste material when it clipped a kerbstone at the edge of the roadway and overturned. He was not wearing a seatbelt. 

His mum Sarah Anderson, a care assistant from Newark, said: “No mother should lose a child and for Jamie’s son Harley he has lost a loving father.

“As a family we have gone through all emotions, and I still feel angry as Jamie simply went to work and didn’t come home. This should not have happened.

“He was a happy-go-lucky boy and would do anything for anyone. It’s the everyday things that remind me of him and I miss his smile and blue eyes. He’s missed so much.”

An investigation by the Health and Safety Executive (HSE) found that The Barcode Warehouse Ltd failed to enforce the use of seatbelts by forklift truck operators. They should have properly risk assessed the use of forklift trucks on their premises and enforced the use of seatbelts. Instead, it was left to individuals to choose whether to wear a seatbelt or not.

HSE has guidance available on managing forklift trucks.

At Nottingham Magistrates’ Court on 8 November the Barcode Warehouse Ltd of Telford Drive, Newark pleaded guilty to breaching Section 2(1) of the Health & Safety at Work Act 1974.  They were fined £500,000 and agreed to pay costs of £7,039.55.

Speaking after the hearing HSE inspector, Tim Nicholson said: “This tragic incident led to the avoidable death of a young man. Jamie’s death could easily have been prevented if his employer had acted to identify and manage the risks involved and enforced the use of seatbelts by forklift truck operators.”

This HSE prosecution was supported by HSE lawyers Nathan Cook and Jonathan Bambro, and Paralegal Officer Rubina Abdul-Karim.

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 plant hire company has been fined for leaving workers at risk of a fall from height and failing to provide minimum welfare facilities.

Blackpool Magistrates’ Court heard how, on 17 November 2020, Ruttle Plant (Birmingham) Ltd was in the process of building a new aggregate recycling facility at their site at Common Bank Lane, Chorley. Part of the work included the provision of cladding to the roof, which was carried out using a cherry picker. However, as some areas of the roof were difficult to reach, employees had to step onto the roof where no edge protection had been provided, putting them at risk of a 30ft fall. In addition, workers had been on site for some considerable time without the minimum required welfare facilities being available. This included facilities for hand washing during the height of the Covid pandemic.

An investigation by the Health and Safety Executive (HSE) found that the workers had been left unsupervised by site management, there had been no method statement to follow when they climbed onto the roof and there were no preventative measures in place to prevent the risk of a fall from height. Workers were also expected to drive to the company’s head office along an unadopted roadway more than five minutes’ drive away to use the toilet, despite there being ample room on the site for facilities.

Ruttle Plant Hire (Birmingham) Ltd of Lancaster House, Ackhurst Road, Chorley, Lancashire pleaded guilty to breaches of Regulation 13(4)(c) of the Construction (Design and Management) Regulations 2015, and Regulation 4(1) of The Work at Height Regulations 2005. The company was fined £66,667 and ordered to pay costs of £1,847.

Speaking after the hearing, HSE inspector Christine McGlynn said: “Had a worker fallen off the roof edge, it could have been fatal. Employers should ensure that workers are not left to carry out high risk roof work without supervision.

“Work at height and roof work should only be carried out by trained workers, who are being robustly monitored, following proper planning, risk assessment and using suitable equipment. The minimum standards for welfare must also be met.”

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: Construction- Roof work industry health and safety 
3. HSE news releases are available at http://press.hse.gov.uk