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

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.

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

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

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

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

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

The company failed to comply with the notice.

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

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

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

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

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

Further information:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Notes to editors:

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

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.

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.

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.

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.

A company has been fined following an outbreak of legionella at its sheltered housing accommodation in Birkenhead, putting vulnerable residents at risk of contracting Legionnaires’ disease.

The deadly bacteria was detected at Vincent Naughton Court following the sampling of its water systems in the communal areas and flats in July and August 2018.

With all 44 samples testing positive for legionella, the residents were then evacuated from the Sanctuary Housing premises in August 2018, before returning in October and November 2018 after the water system was remedied through the installation of a chlorination unit.

A Health and Safety Executive (HSE) investigation found Sanctuary Housing poorly managed the risk of legionella in the water system of Vincent Naughton Court, with staff inadequately trained and supervised. The residents were a particularly vulnerable group due to their age and underlying health issues, putting them at a higher risk of contracting Legionnaires’ disease.

The HSE investigation found that legionella was detected during testing on 16 and 31 July, which prompted a letter being written by Sanctuary Housing to residents, advising that work would be carried out on the water system on 6 August.

The letter, dated 3 August, misleadingly stated that the contaminated tap water could be stored in sinks and boiled in kettles. More importantly, the letter failed to inform residents that they should avoid using their showers, which would lead to residents being exposed to the risk of Legionnaires’ disease.

Further testing on 8 and 15 August confirmed legionella was still present as work to fix the water system was carried out. The residents were later evacuated on 24 August.

HSE guidance can be found at: Legionella and legionnaires’ disease – HSE

Sanctuary Housing Association, of Castle Street, Worcester pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £900,000 and ordered to pay £11,480.60 in costs at Liverpool Crown Court on 22 October 2024.

HSE inspector Rose Leese-Weller said: “Sanctuary Housing failed to protect vulnerable residents living at Vincent Naughton Court through its mismanagement of the site’s water system. It is very fortunate that none of the residents became ill as they were allowed, without any proper warnings, to continue to use the grossly contaminated water for a large period of time. Not only was there a failure by Sanctuary Housing to manage the risk of contamination in its water systems, but the company had not provided its staff with adequate instruction and training.”

This HSE prosecution was brought by HSE enforcement lawyer Kate Harney and supported by HSE paralegal officer Lucy Gallagher.

Notes to editors:

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

A farmer from Hampshire has received a suspended prison sentence after a worker fell to his death.

Phillip France lost his life after falling from the roof of a cow shed at Tickner Bros in Hampshire.

The self-employer labourer had been dismantling the cow shed with two other workers when he fell through a rooflight, landing on the concrete floor below on 7 June 2021.

He died from his injuries on 13 June 2021.

The team of workers had been working under the control of Philip Tickner.

An investigation by the Health and Safety Executive (HSE) and Hampshire Constabulary found Mr Tickner failed to put arrangements in place to either avoid working at height, prevent a fall or mitigate the consequences of a fall. None of the team of workers were competent enough to work at height as they lacked the understanding of the risks and the associated controls to manage the risks while working at height.

The joint investigation found Mr France had been removing bolt heads from the roof panels with his two colleagues who were walking along the roof with the removed panels, before loading them onto a telehandler. Mr France’s colleagues largely continued this working practice the day after the 57-year-old fell.

HSE guidance can be found here.

Philip Tickner, of Upper Lanham, Old Alresford, Alresford, Hampshire, pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974. He was handed a six-month custodial sentence, suspended for 18 Months, and ordered to pay £2,000 in costs at Winchester Crown Court on 18 October 2024.

HSE inspector Nicola Pinckney said: “Mr France was a well-known and liked man who lived in the local area and worked on different farms. He regularly visited and helped his elderly mother. He also leaves behind a sister and two brothers.

“This was a tragic incident that could so easily have been avoided. Readily available work at height equipment, and well known safe systems of work could have been created and implemented, using workers who were trained and competent to work at height, none of which happened in this case. I hope this case serves as an example and a reminder to others in the industry of the deadly risks they often undertake and how they should be approached.”

Notes to editors:

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

A company has been fined after a crane collapsed at its site on Falmouth Docks, putting more than 250 people at risk.

Emergency services declared a major incident following the collapse at A&P Falmouth on 10 May 2017 with the surrounding area being evacuated and cordoned off.

The crane had been operating above Royal Fleet Auxiliary (RFA) ship, Tidespring, when the driver noticed the jib was descending uncontrollably.

The driver managed to move the crane away from RFA Tidespring and over the dockside before it collapsed, with the jib landing on a cage of acetylene cylinders.

There were approximately 258 workers on site at the time.

A Health and Safety Executive (HSE) investigation found A&P Falmouth had failed to properly maintain the crane. Although the crane had been examined by a third-party, its recommendations regarding defects were not acted on by A&P Falmouth.

HSE guidance can be found at: Lifting Operations and Lifting Equipment Regulations (LOLER) (hse.gov.uk)

A&P Falmouth Limited, of Wagonway Road, Hebburn, Tyne and Wear pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £750,000 and ordered to pay £26,792.30 in costs at Truro Crown Court on 11 October 2024.

HSE inspector Melissa Lai-Hung said: “This was a very serious incident and it is fortunate nobody was injured or killed as a result of this catastrophic failure at Falmouth Docks.

“We thoroughly investigated this incident and found that A&P Falmouth Limited’s system of maintenance was not effective in preventing the collapse of the crane.

“This case not only highlights the importance of regular proactive maintenance but also the inspection of lifting equipment. Companies looking for advice in these areas can find readily-available and free guidance on the HSE website.”

This HSE prosecution was brought by HSE enforcement lawyer Vicki Hanstock and supported by HSE 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 can be found here.

A solvents manufacturer has been fined following an explosion at its factory in the Scottish Borders.

The blast at Rathburn Chemicals in Walkerburn on 10 January 2020 resulted in a laboratory, which was part of the factory, being demolished.

It was likely caused by excessive pentane vapour, generated by the company’s distillation process, overheating and being ignited by the site’s extraction system.

No one was injured by the explosion.

A Health and Safety Executive (HSE) investigation found Rathburn Chemicals had an inadequate system in place which failed to control the amount of steam and heat being generated during its distillation process. The company also failed to adequately detect any signs of overheating which could lead to flammable vapour being ignited.

HSE guidance can be found at: The Dangerous Substances and Explosive Atmospheres Regulations 2002 – Fire and explosion (hse.gov.uk)

Rathburn Chemicals (Manufacturing) Limited, of Caberston Road, Walkerburn, Peeblesshire, pleaded guilty to breaching Section 2(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974. The company was fined £40,000 and ordered to pay a victim surcharge of £3,000 at Lothian and Borders Sheriff Court on 20 September 2024.

HSE inspector Isabelle Martin said: “This was a serious incident and it is fortunate that no one was injured by the blast. The explosion could have been avoided had Rathburn Chemicals simply carried out the correct control measures and safe working practices.

“This case also highlights the risks from distilling flammable substances, the need for reliable control measures and adequate training of employees. Companies looking for further advice on this issue can find readily available guidance on the HSE website.”

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.

A grandfather died after falling through a hole in his own bathroom that had been left by workers.

Kenneth Armitage landed on the kitchen floor below, in an incident his daughter Suzy said “should never have happened.”

The bathroom in Mr Armitage’s house on Whitestone Drive in Huntington, York had been getting converted into a wet room by the construction company Cooper and Westgate.

The company had removed the room’s floorboards as it accessed pipework, but left an unguarded hole in the floor on 8 February 2019.

The 81-year-old later fell through the hole and was found dead by his son-in-law the following evening on 9 February.

A Health and Safety Executive (HSE) investigation found Cooper and Westgate failed to adequately secure the hole as its employees were not properly trained. The company had also failed to undertake a suitable and sufficient risk assessment, nor a method statement for the work involved.

HSE guidance can be found at: Working at height: A brief guide (hse.gov.uk)

Kenneth’s daughter, Suzy, said: “Our dad, who was sadly taken away from us, was everything to us. He was the kindest person you could ever meet.

“He was a fantastic dad to me, my brother and a loving grandad to all our children.

“I can’t believe he has gone, I keep thinking it’s a horrible nightmare and I will wake up and he’ll be there. Our hearts were broken that day and may never heal. It should have never happened.

“We are all still struggling to come to terms with losing him.”

Cooper and Westgate Co. Ltd, of Navigation Court, Calder Park, Wakefield, West Yorkshire was found guilty of breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £150,000 and ordered to pay £50,000 in costs at Leeds Magistrates’ Court on 17 September 2024.

HM inspector of health and safety Yolande Burns-Sleightholme, of HSE, said: “Employers need to fully assess and control the risks from work at height, caused by creating holes in domestic properties and recognise the importance of securing them effectively. They should then pass this knowledge on to their employees through suitable training and guidance.

“This incident could so easily have been avoided had Cooper & Westgate properly assessed the risks, put in place safe working practices and provided the correct training to its employees.”

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