Press release

Contractor sentenced after uncontrolled spread of asbestos

A self-employed roofing contractor has been ordered to undertake unpaid work after the uncontrolled spread of asbestos in a back garden, putting two young workers and local residents at risk.

Doorbell-cam footage shows parts of an old garage roof being disposed of with a lack of control measures.

The footage has been released by the Health and Safety Executive (HSE) at the start of Global Asbestos Awareness Week today, Tuesday 1 April, to highlight the dangers.

Stephen Wilks, trading as S Wilks Roofing, pleaded guilty to breaching asbestos safety regulations after work carried out under his control led to the contamination of a residential area with asbestos-containing materials.

The court heard how Mr Wilks had been commissioned by a property management company to replace asbestos cement roof sheets on three garages off Green Walk in Bowden, Altrincham in February 2022.

HSE began an investigation after a local resident raised concerns about debris that had fallen into their garden during the work. Analysis confirmed the debris contained chrysotile asbestos.

HSE inspectors discovered ripped bags of asbestos waste stored in a publicly accessible area in front of the garages, with asbestos-containing materials spilling onto the ground and contaminating nearby undergrowth. Further investigation revealed that residents’ personal belongings stored in the garages had also been contaminated.

The footage below shows two workers under the supervision of Mr Wilks  improperly clearing asbestos debris from a neighbouring garden and disposing of it in domestic waste bins, highlighting the unsafe practices that led to this prosecution.

HSE’s campaign “Asbestos and You” reminds tradespeople about the dangers of asbestos and the importance of working safely with it.

The regulator also provides comprehensive guidance for workers and employers about working safely with asbestos on its website. This includes information on how to identify asbestos, what to do if you find it, and the appropriate safety measures needed when working with or around asbestos-containing materials. Workers in trades such as construction, maintenance, demolition and installation are particularly at risk and should ensure they have appropriate training before starting work that might disturb asbestos. This guidance is available on the HSE website.

The property management company subsequently arranged for a licensed asbestos removal contractor to safely collect the waste and thoroughly clean the affected areas.

Mr Wilks pleaded guilty to breaching Regulation 11(1) and Regulation 16 of The Control of Asbestos Regulations 2012, which require proper planning and precautions to prevent exposure to and spread of asbestos during non-licensed work. He was sentenced to a 12 month Community Order with 200 hours of unpaid work and was ordered to pay £3582.13 costs at a hearing at Ashton-Under-Lyne Magistrates Court on 28 March 2025.

HSE Inspector Phil Redman said: “This was a serious incident that put Mr Wilks, those working under his control, and members of the public, at risk from the potential harmful effects of being exposed to asbestos-containing materials. Duty holders are reminded to ensure they fully control the risks associated with the removal of asbestos-containing materials that do not require removal by a licensed asbestos removal contractor.”

The prosecution was supported by HSE enforcement lawyer Kate Harney and paralegal officer Rebecca Withell.

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’s campaign “Asbestos and You” reminds tradespeople about the dangers of asbestos and the importance of working safely with it. Asbestos can be found in buildings built before 2000 and is still the biggest workplace killer in Britain, causing around 5,000 deaths every year. When disturbed, asbestos releases tiny fibres that can cause fatal lung diseases and cancers. More information can be found at: Asbestos & You – Work Right to keep Britain safe
  5. Guidance on working safely with asbestos-containing materials can be found at: Asbestos – HSE

 

Brothers fined for failing to protect public from cattle

Two brothers have been sentenced for failing to protect members of the public from their cattle.

An investigation by the Health and Safety Executive (HSE) found Andrew and David Turnbull failed to offer and display signs of an alternative route to a public right of way in their field in the Coalsgarth Valley, North Yorkshire.

HSE prosecuted the pair following the death of former teacher David Clark, who was killed by a herd of cows while crossing the right of way on 21 September 2020.

The 59-year-old had been running with his two dogs when he was surrounded by a numbers of cows, and then struck to the ground.

Witnesses reported that one of the cows then turned back and ran towards Mr Clark, causing a fatal blow to his chest.

The father-of-three was pronounced dead at the scene by paramedics.

HSE guidance suggests a number of reasonably practicable ways that farmers, landowners and other livestock keepers should follow to control the hazards for walkers when keeping cattle in fields where the public have access.

These all start through properly assessing the risks posed by cattle to users of public footpaths and implementing suitable protective and preventative measures to minimise those risks so far as is reasonably practicable. Further guidance can be found here.

Members of the public can find out about steps to safely enjoy the countryside and respect farming activities by following Government advice in The Countryside Code – GOV.UK (www.gov.uk).

Advice includes:

David and Andrew Turnbull, both of Low Gingerfield Farm, Richmond, North Yorkshire, both pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974.

At Teesside Crown Court on 3 March 2025:

HSE inspector Elliot Archer said: “Andrew and David Turnbull failed to do all that was reasonably practicable to prevent members of the public being put at risk by their cattle. Farmers, landowners and other livestock keepers need to be aware of the risk their cattle pose to members of the public and take suitable protective and preventative measures to mitigate that risk.”

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

Notes to editors:                            

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We 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.

Construction firm fined as HSE inspection identifies catalogue of failures

A renovation company in South Wales has been sentenced after defying enforcement notices from the Health and Safety Executive (HSE).

Inspectors say Greenlife Property Developments Ltd failed to heed their warnings about the dangers posed to workers by a two-and-a-half metre deep excavation of the entire back garden of a house in Pit Place, Cwmbach, Aberdare.

The HSE inspection of the refurbishment works in September 2023 followed up on reports of unsafe construction work. It found that:

Following the inspection HSE served Greenlife Property Developments Ltd with a Prohibition Notice, requiring the firm to stop construction work within the excavation until it had corrected defects under a safe system of work. There was an immediate risk of serious injury to employees, working inside the excavation, including of burial from falling rubble.

Two Improvement Notices were also served, one requiring the company to secure the site, preventing unauthorised access, while the other ordered the firm to obtain advice on the risks to workers inside the excavation and implement a safe system of work.

A subsequent HSE investigation found Greenlife Property Developments Ltd breached the Prohibition Notice by continuing construction work inside the excavation. The company also failed to comply with one of the Improvement Notices as it did not obtain advice on the risks to workers inside the excavation and implement a safe system of work. Mr Lewis ignored repeated attempts by HSE to contact him in relation to the notices served and the conditions on site, and attempted to deceive HSE by providing false information in relation to the actions taking by the company to comply with the notices.

HSE guidance states that excavation work must be properly planned and carried out to prevent accidents. Precautions should be taken, including against collapse of the sides, materials falling onto people working in the excavation, and undermining nearby structures. Further guidance can be found here.

Greenlife Property Developments Ltd, of Gurnos Estate, Brynmawr, Ebbw Vale, Gwent, Wales, was found guilty of breaching Section 33(1)(c) and two breaches of Section 33(1)(g) of the Health and Safety at Work etc. Act 1974. The company was fined £40,000 and ordered to pay £5,812.57 in costs at Merthyr Tydfil Magistrates’ Court on 20 January 2025.

HSE inspector Rachael Newman said: “Every year people are killed or seriously injured by collapsing and falling materials while working in excavations.

“Workers are not standing on solid ground when they are inside an excavation. There is almost no excavated ground that can be relied upon. One cubic metre of soil collapsing into an unsupported excavation can collapse without warning and weigh as much as one tonne.”

“Greenlife Property Developments Ltd failed to heed the warnings we evidently gave in our enforcement notices. They made no attempt to prevent the excavation from collapse. The company  failed to comply with two enforcement notices which were served to remove the risk and secure compliance with the law.

“The attempts to evade us were a deliberate breach and flagrant disregard of the law.

“The fine imposed on Greenlife Property Developments Ltd should highlight to everyone in the construction industry that the courts, and HSE, take a failure to comply with the law and enforcement notices extremely seriously. We will not hesitate to take action against companies which don’t  do all they should to keep people safe.”

The HSE prosecution was brought by HSE enforcement lawyer Matthew Reynolds and supported by HSE paralegal officer Jason Dix.

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.

 

Farmer jailed after three-year-old child killed by vehicle

A farmer has been jailed after he failed to ensure the health and safety of his three-year-old son.

Albie Speakman lost his life on 16 July 2022 after he was run over by a telehandler that was being driven by his father Neil Speakman.

A joint investigation by the Health and Safety Executive (HSE) and Greater Manchester Police found Mr Speakman failed to ensure Albie was kept safe from work activities on his family’s farm in Bury, Greater Manchester. The telehandler being driven by Mr Speakman was in poor condition.

Children should be kept safe from farming work activities by keeping them in a safe area, such as a farmhouse or a securely fenced play area. Further advice can be found here.

Mr Speakman, 39, was using the telehandler to move woodchip into bags while Albie was left playing in a small unfenced garden at the front of the house on Bentley Hall Farm.

The telehandler that was being driven by Mr Speakman

The three-year-old wandered onto the farm yard and was fatally struck by the telehandler as it was being reversed.

HSE inspector Mike Lisle said: “This tragedy could easily have been avoided if our guidance was followed.

“Our guidance clearly states children should be kept away from farming activities and work traffic, remaining in a safe space, such as a securely fenced play area.

“Farms are workplaces, but often have a farm house within the grounds. This makes the provision of safe areas for children even more important.”

The HSE and Greater Manchester Police investigation identified that Mr Speakman failed to ensure there was a safe segregated area for Albie to play in so that he was kept safe from farm workplace activity. Instead, Albie was allowed to move around the farm yard while vehicles were being driven.

The investigation found Mr Speakman had borrowed the telehandler from a neighbour, and while he had previously used the vehicle, he was not appropriately trained and had not properly considered the risks involved with using it. The telehandler was missing a wing mirror on the passenger’s side, while the wing mirror on the driver’s side was dirty – reducing Mr Speakman’s visibility as he operated the vehicle.

Neil Speakman, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974 after being charged by the Crown Prosecution Service (CPS).

He was handed a 12-month prison sentence and ordered to pay £2,000 in costs at Manchester Minshull Street Crown Court on 28 February 2025. Mr Speakman must serve at least six months in prison.

Following a trial at Manchester Minshull Street Crown Court, Mr Speakman was found not guilty of gross negligence manslaughter in February 2025. This charge was brought by the CPS following a Greater Manchester Police investigation.

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.

HSE v Amber Precast Ltd: Injured worker reacts

A father-of-two has revealed he was forced to move homes and unable to say goodbye to his dad after sustaining life-changing injuries following a horrific incident at work.

Wayne Hatton’s legs were crushed by an 800kg steel pallet that was being removed from a concrete cast, leading to the amputation of his lower right leg and two toes on his left foot.

His employer Amber Precast Ltd was fined £60,000 last week following a prosecution by the Health and Safety Executive (HSE), which found the company had not implemented a safe system of work to ensure the pallet could be removed safely. HSE guidance can be found at: Provide information, training and supervision: Overview – HSE

Wayne Hatton and dad Henry

The 50-year-old, who was 46 at the time of the incident on 14 January 2021, later spent seven weeks in hospital and was bed bound for nine months after sustaining the injuries.

“I still get flashbacks about what happened,” Wayne said.

“Adapting mentally has been hard. Everyone always says you have handled it really well but they don’t see you on a day-to-day basis, just getting out of bed, putting your leg on and off and getting in and out of the shower and toilet.

“They just see me having a laugh and a joke about it, they don’t see everything else. I try and keep positive but dealing with it mentally has been hard.”

While the incident took a toll on Wayne’s mental and physical health, his relationship with his eldest son Jayden was also affected as he began to take care of his dad during his recovery.

Wayne, who lives in Doncaster, said: “He was only 17 at the time and it took a massive strain on him having to look after his dad.

Wayne Hatton and mother Marine

“At the time it was a massive strain on us both. I was trying to deal with everything and he was trying to look after me.

“He didn’t realise what comes into running a house, washing, cleaning and everything else. And he was trying to have a social life as well, which he couldn’t do, so it was hard for both us, frustrating and we fell out a lot of times.”

As a result of his injuries, Wayne, who used to play golf and go to the gym prior to the incident, now wears a prosthetic leg and moved from his house to a bungalow which addresses his physical condition.

The biggest impact however came three months later in April 2021, with Wayne unable to be with his dad as he passed away.

He said: “The hardest part for me was my dad had only had six months to live and in the last three months, I only got to see him twice before he died. That was harder for me than losing my leg. I didn’t get to say goodbye to him, which still hurts now.”

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.

Fine for Kent timber firm after worker loses three fingers

A company has been fined after an employee had three fingers severed by a panel saw at work.

David Broadway, 36, had been working at Pemberton Timber Frame Limited, a company that manufactures timber frame structures for the construction industry, at its site in Evelyn Way in Ramsgate on the morning of 4 January 2023.

He was operating a panel saw and asked to cut down the thickness of a length of timber – known as a rip cut. This process involved passing a length of timber through the panel saw multiple times as the timber exceeded the depth the blade could cut in one pass.

CCTV footage shows Mr Broadway successfully completing the cut before flipping the length of timber over, but he soon found the second cut much more difficult. He can been seen attempting to feed the timber through the saw and while receiving it from the cut end, his right hand made contact with the saw blade, instantly amputating his index, middle and ring fingers, also cutting his little finger.

Mr Broadway had been operating a panel saw at the time of the incident

Mr Broadway said the accident has massively impacted in aspects of his life.

“I used to do weight lifting, ride my bike and keep active,” he said.

“I used to work a lot with my hands and I am now getting frustrated as I can’t do these things.

“Even normal activities like cooking or taking a shower are a challenge. It makes me feel stressed as I can’t do the everyday activities I used to do.”

Mr Broadway now also struggles to care for his children, including his young son, born after the accident.

A Health and Safety Executive (HSE) investigation found that Mr Broadway was asked to complete a task that was not suitable for the machine he was using. Pemberton Timber Frame Ltd had also failed to ensure he received sufficient training or instruction on how to use the panel saw safely, which would have included vital information about the limitations of the saw, guarding and other  safety features such as a riving knife and the use of a push stick. The saw riving knife was also absent at the time of the incident.

HSE has clear guidance on safe woodworking which includes how and when a rip cut is carried out – a panel saw with a circular blade must not be used unless the saw blade, at all times, projects through the upper surface of the material being cut.

The investigation also discovered that the company had appropriate machines to undertake this task safely but Mr Broadway was unaware of this due to his lack of training.

On 8 January 2025, Pemberton Timber Frame Ltd of The Strand, Walmer, Kent pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 at Sevenoaks Magistrates’ court. The company was fined £12,000 order to pay full costs of £4,034.

Speaking after the hearing, HSE principal inspector Ross Carter said: “Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers.

“If a suitable safe system of work had been in place prior to the incident, the life changing injuries sustained by Mr Broadway would not have happened.”

The HSE investigation was conducted by HM inspector Simon Asakura-Cornish and the prosecution brought by HSE enforcement lawyer Samantha Wells, support by paralegal officer David Shore.

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.

 

Company fined as worker breaks leg from fall

A company has been fined £120,000 after an employee broke his leg while working on a property in Salisbury.

The man, who was 23 at the time, fell from the roof of the house on Sherfield English Road while working for EE Renewables Limited on 16 December 2022.

He had been adjusting a solar panel when he slid and fell four metres onto the ground below, sustaining a broken femur as a result.

A Health and Safety Executive (HSE) investigation found EE Renewables Limited had not properly planned the work at height and failed to take suitable steps to prevent a fall. The company had been hired by the homeowner to move nine solar panels higher up on the roof.

The company had been hired to move solar panels on the homeowner’s roof

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

EE Renewables Limited, of Salterns Lane, Fareham, Hampshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £120,000 and ordered to pay £4,716 in costs at Swindon Magistrates’ Court on 23 December 2024.

HSE inspector Sam Applebee said: “EE Renewables Limited did not properly plan this work so it could be carried out in a safe manner. There were inadequate means of protecting the workers from falling off the roof, with the company failing to provide edge protection.

The worker fell four metres onto the ground below

“Working at height remains one of the biggest causes of injuries and fatalities in Britain, so it is important that companies ensure they implement the correct control measures and safe working practices.”

This prosecution was brought by HSE enforcement lawyer Karen Park and supported by HSE paralegal officer Rebecca Withell.

Notes to editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We 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.

 

Drinks giant fined after worker sustains serious burns

An international drinks manufacturer has been fined half a million pounds after an employee sustained burns to over 30% of his body.

The mechanical engineer had been repairing a defective pump at Diageo’s Glenlossie Distillery Complex in Elgin on 24 March 2021 when he was burned by pot ale.

The liquid, which had a temperature of 104 degrees Celsius, came out suddenly and unexpectedly from a pipe.

The worker sustained burns to his arms, hands, shoulders, back, chest, lower legs and ankles, before spending two weeks in intensive care where he was placed in an induced coma.

A Health and Safety Executive (HSE) investigation found Diageo failed to do all that was reasonably practicable to ensure maintenance operations could be carried out without a worker being put at risk of injury.

HSE guidance on the safe isolation of plant and equipment is freely available and provides steps to prevent the release of substances that are hazardous including hot, flammable and toxic substances.  The guidance can be found at The safe isolation of plant and equipment – HSG253

The incident took place at Diageo’s Glenlossie Distillery Complex

Diageo Scotland Limited, of Lochside Place, Edinburgh, pleaded guilty to breaching Sections 2(1), 2(2)(a), 2(2)(c), 33(1)(a) and 33(1)(c) of the Health and Safety at Work etc. Act 1974. The company was fined £500,000 at Inverness Sheriff Court on 16 December 2024.

HSE inspector Isabelle Martin said: “This incident could so easily have been avoided by ensuring that procedures were in place to ensure that changes to work equipment installed in the plant were safe.  However, more importantly Diageo should have had procedures in place to ensure that plant could be isolated safely and prevent the release of hazardous and dangerous substances.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that 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.

Company and director sentenced for putting workers at risk

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 workers had been renovating the roof of a property in Surrey.

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.

Workers were observed using the lights from their phones and torches at night.

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

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.

Company fined £1.6m following the death of ‘happy-go-lucky’ 24-year-old

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 Phillips (pictured) was 24 when he lost his life

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.

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

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. 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.