Company fined after ‘loving’ grandad dies from fall
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.
Cooper and Westgate had removed the room’s floorboards, but left an unguarded hole in the floor
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.
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:
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.
More information about the legislation referred to in this case is available.
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
Construction firm fined as worker loses life and another injured
A company has been sentenced after a 62-year-old worker fell 10 metres to the ground and died during the construction of a new university facility.
The Health and Safety Executive (HSE) investigated the fall and subsequently prosecuted Balfour Beatty, with the firm fined £285,000 on Monday 16 September.
Igor Malka and a second contractor, Edmund Vispulskis, had been in a scissor lift while installing cladding during the construction of a new engineering hall at the University of Birmingham on 7 January 2020.
The pair, from Lithuania, fell approximately 10 metres when their scissor lift was pushed over by a nearby crane.
This led to Mr Malka losing his life while Mr Vispulskis sustained injuries to his spine and broken ribs, before spending seven weeks in a neck brace. Mr Vispulskis also required pins to be inserted in his pelvis and thigh.
Balfour Beatty had been the principal contractor while the National Buried Infrastructure Facility was being built at the university.
The incident occurred during the construction of a new facility at the University of Birmingham
The crane was being used to move hydraulic equipment that had been delivered by a lorry. The equipment was set to be installed at the facility.
The HSE investigation found the incident could have been prevented had Balfour Beatty implemented better controls and put in place better communication between contractors. There were contractors at the site that were moving the hydraulic units into place with the overhead travelling gantry crane, and another team who were installing internal cladding. Balfour Beatty, as principal contractor on site, had a duty to ensure communication and co-operation between these contractors. There was also no lift supervisor present at the time of the incident.
The incident occurred during the construction of a new facility at the University of Birmingham
The University of Birmingham was not prosecuted by HSE.
Balfour Beatty, of Churchill Place, Canary Wharf, London, pleaded guilty to breaching Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulations 1998. The company was fined £285,000 and ordered to pay £21,768.88 in costs at Birmingham Crown Court on 16 September 2024.
HSE inspector Gareth Langston said: “This was a tragic incident that led to the death of a worker with another being seriously injured and still experiencing difficulties today as a result.
“Lifting operations must be properly controlled – they must be planned, with plans adhered to.”
This HSE prosecution was brought by HSE enforcement lawyer Andy Siddall and supported by HSE paralegal officer Helen Jacob.
Notes to editors:
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.
More information about the legislation referred to in this case is available.
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.
Woodworking company fined following collision death
A wood recycling company has been fined after an employee was killed when he was struck by a wheel loader.
On 29 April 2019, Thomas Brooke was walking across the yard at John Brooke (Timber Treatments) Limited in Nottingham. A wheel loader, with its bucket raised, was operating in the yard along with other vehicles, but as the shovel moved forward, it collided with Tom who died from his injuries.
Thomas Brooke
Tragically, Tom was working for the family company. At the time of the incident, Tom’s son Rupert was aged four. His wife, Jessica Brooke described Tom as a kind and caring person who was dedicated to his family and was loved by everyone who knew him.
In a statement, she said: “Our hearts are broken. The pain and suffering of his loss has been immense, and no words can describe the impact that his loss has had; both Rupert and I have been forever changed.
“We were partners in crime, soulmates and best friends and together took on whatever challenges life threw in our direction.”
Describing the relationship Tom had with Rupert, who is now nine, Jessica said: “From the moment that Rupert was born Tom was a natural father and Rupert and Tom had a very special bond. They were as thick as thieves, both being at their happiest when in the other’s company. Tom was a brilliant role model to Rupert in every respect; he was Rupert’s favourite person in the whole world and Rupert couldn’t have wished for a better father.
“I grieve the future that we will never have but also, and particularly, that Tom will never see Rupert’s future.”
Family photo with Jessica and Rupert.
The family have asked for their privacy to be respected at this difficult time.
An investigation by the Health and Safety Executive (HSE) found that John Brooke (Timber Treatments) Limited did not properly organise its workplace to keep pedestrians safe. There were no control measures, such as physical barriers, to prevent pedestrians accessing areas where loading shovels, lorries, forklift trucks and 360 grabs operated. It failed to properly assess the risks from operating machinery with reduced visibility and did not properly train, instruct and monitor employees.
Every workplace must be safe for the people and vehicles using it and traffic routes must be suitable for the people and vehicles using them. HSE has guidance on workplace transport with advice on keeping traffic routes safe and separating people from vehicles.
On 20 August 2024, John Brooke (Timber Treatments) Limited of Fosse Way, Widmerpool, Nottingham pleaded guilty to breaching regulation 17(1) of the Workplace (Health, Safety and Welfare) Regulations 1992 and section 33(1)(c) of the Health and Safety at Work etc. Act 1974 at Nottingham Crown Court. They were fined £22,500 and agreed to pay costs of £44,227.28.
Speaking after the sentencing, HSE inspector Lindsay Bentley said: “This has been a very difficult case for all concerned. However, those in control of work have a responsibility to implement safe methods of working. Had simple measures been taken, this tragedy could have been prevented. “
This HSE prosecution was brought by HSE enforcement lawyer Kate Harney and supported by HSE paralegal officer Rebecca Forman.
Notes to Editors:
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.
More information about the legislation referred to in this case is available.
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.
Companies fined after dad crushed to death by machine
Two companies have been fined after a father-of-three was crushed to death by a machine.
The Health and Safety Executive (HSE) investigation found the incident was entirely avoidable and Russell Hartley would still be alive had this work been planned, managed and monitored to a sufficient standard.
Mr Hartley, was a self-employed engineer from Sheffield who had been hired by Premier Engineering Projects Ltd to replace machinery at a materials recycling facility on Twelvetrees Crescent, Bow, London.
Russell Hartley
The 48-year-old led a group of four engineers tasked with replacing a Trisomat screen, known colloquially as a ‘flip-flop’, on 24 February 2020, when the incident occurred.
The flip-flop, a machine that sorts different sizes of waste, was fixed within a metal structure at height in a bay at the site.
The crane, supplied by M&M Mobile Crane Hire Ltd, was first used to lower the flip-flop from its position at the site.
Mr Hartley, who also had three grandchildren, then took over using a telehandler. With the flip-flop resting on the telehandler’s forks, the machine began to go further down the bay.
The flip-flop became jammed in the bay when Mr Hartley attempted to reverse the telehandler.
The crane was then used again to lift the flip-flop off the telehandler, which unknown to the workers, had its forks slightly raised above ground level.
Mr Hartley was crushed to death by a Trisomat screen (pictured here)
As the crane moved towards the telehandler, the flip-flop toppled forwards off the forks and crushed Mr Hartley. Another worker, who was standing on the flip-flop at the time, was thrown off the machine but escaped serious injury.
The HSE investigation found that two contractors, Premier Engineering Projects Ltd and M&M Mobile Crane Hire Ltd, failed to ensure the safety of those involved in carrying out the replacement of the Trisomat screen. The work being undertaken was not properly planned, supervised or carried out safely, and the assessment of the risks arising from the work was both unsuitable and insufficient. Mr Hartley was working with nine other engineers, also hired by Premier Engineering Projects, as well as three workers from M&M Mobile Crane Hire Ltd at the site.
Mr Hartley’s wife, Debbie, said in her victim personal statement: “Russell was everything to us. He was funny and one of the nicest guys you could ever meet. Nothing was ever too much. If it needed doing, he got it done. He was a fantastic father and husband. He worshipped his grandkids and all his family.
“I feel like sometimes I am just waiting for him to come home. I can’t accept that he has gone as I couldn’t say goodbye. Nothing prepared me for that moment. I thought he would be here and live on forever.
“All he ever wanted was to keep his family happy and looked after and I will try to keep that dream alive.”
Premier Engineering Projects Ltd, of Industry Road, Carlton, Barnsley, South Yorkshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £28,000 and ordered to pay £9,277.48 in costs at the Old Bailey on 1 August 2024.
M&M Mobile Crane Hire Ltd, of David Road, Colnbrook, Slough, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £48,000 and ordered to pay £9,500 in costs at the Old Bailey on 1 August 2024.
HSE inspector Mark Slater, who investigated this incident alongside HSE inspector David Beaton, said: “Had this work been planned, managed and monitored to a sufficient standard, this incident was entirely avoidable and Mr Hartley’s family would still have him in their lives. Risks arising from the lifting and moving of equipment of this size and nature are entirely foreseeable, and work of this nature should be afforded the utmost respect and care.”
This prosecution was brought by HSE enforcement lawyer Kate Harney, who was supported by HSE enforcement lawyer James Towey and HSE paralegal officer David Shore.
Notes to editors:
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.
More information about the legislation referred to in this case is available.
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.
Ten HSE stories you might have missed this summer
It has been a busy start to the summer for HSE with many prosecutions throughout June and July.
Here are TEN prosecution cases you might have missed during that time:
Tata Chemicals fined following young father’s death
On 5 June, Tata Chemicals Europe Limited was fined more than £1 million at Chester Crown Court.
The case was brought against the firm following the death of a young father who died while erecting a scaffold tower in a chemical plant in Northwich.
Michael Densmore, from Halewood in Merseyside, died following complications to the wound he sustained after his right foot slipped into a trough containing a liquid chemical calcium hydroxide – more commonly known as ‘milk of lime’ – causing chemical and thermal burns.
Michael alongside his sons Billy and Mikey
The 37-year-old father-of-four was one of a number of scaffolders employed by Altrad NSG to erect scaffolding at Tata’s Lostock Hall site.
On 30 November 2016, during the course of this work, Mr Densmore stepped over a trough which contained milk of lime – which had been heated to approximately 90 degrees centigrade. His right foot slipped on an unfastened lid covering the trough, resulting in him sustaining chemical and thermal burns to his foot and ankle.
Telecommunications giant Openreach was given a £1.34 million fine after an engineer died while trying to repair a telephone line in Wales.
Alun Owen, from Bethesda, died after he slipped and fell into the River Aber in Abergwyngregyn and was swept away on 6 October 2020.
A joint investigation by HSE and North Wales Police found that a number of Openreach engineers had been attempting to repair the telephone lines, which ran across the river, over a period of two months. They had been working both near and in the river. At the time of the incident, there had been flooding in the area which meant the river was much higher and faster flowing than usual.
Alun Owen
Mr Owen, 32, entered the water and made his way to an island in the middle of the river in order to try and throw a new telephone cable across to the other side by taping it to a hammer and then throwing the hammer. As he attempted to cross the remaining section of the river, he slipped in a deeper part and the force of the river swept him away.
He was described by his family as a ‘loving and selfless character’.
Construction company fined £2.345m after worker drowned in river
Construction company BAM Nuttall Ltd was fined following the death of worker Gary Webster, who lost his life two days after drowning in the River Aire on 30 October 2017.
Mr Webster and another worker had been on a boat removing debris at the bottom of the weir gates at Knostrop Weir when it capsized. The boat had been pulled into turbulent water, caused by the considerable flow of water flowing over the top of the weir.
The 60-year-old was repeatedly pulled under the water and was eventually recovered by a diver 14 minutes later. The other worker managed to swim to safety.
Mr Webster was pronounced dead on 1 November 2017 at Leeds General Infirmary.
Housing company fined after worker killed by concrete blocks
On 19 June, Avant Homes (Scotland) Ltd was fined more than £300,000 after a driver was crushed to death by falling concrete blocks at a construction site in South Lanarkshire.
Conor Joseph Morgan had been delivering materials to Shott Farm in High Blantrye, a construction site being operated by the firm, when the incident happened on 19 April 2017.
The 45-year-old, who was employed as a HGV driver for Regen Waste Limited, was crushed as the concrete blocks were being unloaded from the articulated flatbed trailer using an excavator with pallet fork attachment. However, the length of the pallet forks fitted to the excavator exceeded the width of the pallet being unloaded.
As the pallet was being lifted the forks caught a second pallet of concrete blocks causing them to topple from the edge of the trailer and onto Mr Morgan.
Livestock auctioneers fined after man, 75, killed by cow
Llanelli Magistrates fined the operators of a livestock market on 20 June after a cow being auctioned managed to escape and kill a pensioner.
Father-of-two Huw Evans was knocked down and trampled by the cow in the Welsh town of Whitland on 19 November 2022.
Huw Evans
A worker at J.J. Morris Limited was also injured in an unsuccessful attempt to capture the cow, which later ran towards Whitland Rugby Club and a railway line before being captured and put down by Dyfed-Powys Police.
Charitable trust fined following death of volunteer
Wilts & Berks Canal Trust was fined £30,000 after 62-year-old volunteer was killed while carrying out restoration work on 24 August 2016.
Peter Konitzer was fatally crushed when a section of a wall collapsed onto him in an excavation at Pewsham locks. He had been inside the excavation removing temporary propping that was supporting the wall when a section of it collapsed.
A section of the wall collapsed while Mr Konitzer was inside the excavation
The trust had been carrying out the restoration work as part of its project to preserve, conserve and improve the route of the Wilts and Berks Canal. However, it failed to ensure the safety of its volunteers working on it.
A joint HSE and Wiltshire Police investigation found the temporary propping to be inadequate and there was no clear method for the safe installation or removal of props during the work.
Explosives manufacturer fined £670,000 after worker dies
At a hearing at Swindon Magistrates’ Court on 27 June, a manufacturer of military explosives was fined following the death of a 29-year-old.
Piotr Zukowski was killed in an explosion at a factory in Salisbury being operated by Chemring Countermeasures Limited. Another man was seriously injured following the blast on 10 August 2018.
Piotr Zukowski was killed following an explosion in 2018
The pair had been cleaning a vessel used in the production of MTV – an explosive substance used in military flares.
Piotr’s mother Elżbieta, said her life ‘stopped’ on the day her son was killed.
Engineering firm fined after employee sustains serious injuries at HS2 site
On 15 July, St Albans Magistrates fined an engineering firm after a worker sustained multiple injuries while working at a HS2 construction site in Hertfordshire.
The mechanical engineer had been employed by EMC Elite Engineering Services Ltd when he fell more than 30 feet on 20 November 2022.
The man, who was 57 at the time, fell through a gap in a conveyor’s stairway and landed on the concrete floor below. He sustained a fractured pelvis, skull, hip, jaw and two broken wrists.
He spent two months in hospital following the incident, undergoing surgery requiring him to have six plates inserted into his face.
A still of the CCTV which captured the moment the man fell
£240,000 fine for company after fall left man paralysed
A Cheshire-based electrical transmission company was fined more than £200,000 after a man was left paralysed following a fall from height.
North Wales man Gavin Pugh had been demolishing and replacing electricity pylons in East Staffordshire when the incident happened on 6 April 2022.
Gavin Pugh fell more than 30 feet during work to demolish electricity pylons in East Staffordshire
Birmingham Magistrates Court heard how Mr Pugh and his colleagues were unaware of previous work already undertaken to loosen bolts on the tower. This caused him to fall more than 30 feet.
He spent six months in hospital and has been left unable to work as a result of his extensive injuries.
Recycling company fined £3m after one man died and another seriously injured
A national recycling firm was fined £3 million after one man died and another was seriously injured as they decommissioned an old North Sea gas rig.
Stephen Picken, 62, and Mark Kumar were working for Veolia ES (UK) Limited at an onshore facility in Great Yarmouth when the incident happened on 17 October 2019.
The pair had been removing an overhanging piece of metal pipework (known as a skirt pile), weighing in excess of 27 tonnes, from a jacket (a structure placed in the sea, designed to support oil and gas rig platforms), when it gave way. The pile struck the mobile elevating work platform (MEWP) containing the men, throwing them to the ground about 12 metres below.
The aftermath of the incident in Great Yarmouth.
Mr Picken died at the scene and Mr Kumar suffered serious life-changing injuries.
A HSE investigation identified serious failures including shortcomings in terms of supervision.
Recycling company fined £3m after one man died and another seriously injured
A recycling company has been fined after a man died and another was seriously injured while decommissioning a North Sea gas rig.
Stephen Picken, 62, and Mark Kumar were working for Veolia ES (UK) Limited at an onshore facility in Great Yarmouth.
Both men were working as demolition operatives also known as “Top Men”, undertaking the decommissioning and dismantlement of offshore structures.
On 17 October 2019, the two workers were removing an overhanging piece of metal pipework (known as a skirt pile), weighing in excess of 27 tonnes, from a jacket (a structure placed in the sea, designed to support oil and gas rig platforms), when it gave way. The pile struck the mobile elevating work platform (MEWP) containing the men, throwing them to the ground about 12 metres below.
The incident claimed the life of Stephen Picken
Stephen Picken died at the scene and Mark Kumar suffered serious life-changing injuries.
An investigation by the Health and Safety Executive (HSE) identified serious failings with the planning and the risk assessment which did not adequately cover the planned works. Shortcomings in supervision of the incident were also identified. The company did not risk assess the skirt pile being removed as it was considered low risk. As a result there was no cutting plan or safe system of work for the skirt pile.
The skirt pile gave way and struck a mobile elevating work platform
Demolition, dismantling and structural alteration work must be carefully planned and carried out – HSE has guidance on this.
Veolia ES (UK) Limited of Pentonville Road, London, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. At a sentencing hearing at Ipswich Crown Court, on 22 July 2024, the company was fined £3,000,000 and ordered to pay £60,000 in costs.
After the hearing, HSE inspector David King said: “This incident, in an emerging industry, highlights the level of controls required to safely demolish what are large, dangerous structures. Veolia did not meet these standards and tragically one life was lost, and another forever changed.
The emergency services attended the scene following the incident
“The Health and Safety Executive’s mission is to protect people and places. Organisations that endanger their employees by failing to meet the required standards, should be aware that we will not hesitate to take appropriate enforcement action.”
This HSE prosecution was brought by HSE inspector Prentiss Clarke-Jones, HSE enforcement lawyer Samantha Tiger and supported by HSE paralegal officer David Shore.
Notes to editors:
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.
More information about the legislation referred to in this case is available.
Recycling company fined after workers exposed to wood dust
The long-term health of workers at a wood waste recycling centre was put in danger due to excessive exposure to the dust their work created, a Health and Safety Executive (HSE) prosecution has found.
Esken Renewables Limited, a waste and recycling company that specialises in generating biofuel from renewable waste, ran a wood waste recycling centre in Middlesborough that processed mixed wood waste, hardwood and softwood into biofuel.
Breathing in wood dust excessively can cause asthma and nasal cancer. In particular, dust from softwood wood dust is a known asthmagen while particles from hardwood are a known carcinogen.
A HSE inspector visited the site in April 2022 to investigate the dust exposures on the site. A few weeks earlier, concerns had been raised about wood dust spreading to the surrounding area. The inspector wrote in detail to Esken Renewables with evidence demonstrating the extent of the wood dust exposure to staff, so that the right action could be taken by the company to control the risks.
The company provided a detailed response, and it was accepted that exposures to the surrounding area was in large part due to four storms in quick succession.
However, the HSE investigation found that the control of wood dust to protect employees working on and around the site was not adequate and fell short of the expected benchmark.
The company failed to design and operate processes and activities to minimise emission, release and spread of wood dust. One solution would be through the use of local exhaust ventilation, the enclosure of machinery or the designing of the processes such as using vacuum systems as opposed to compressed air for cleaning and maintenance.
Esken Renewables Limited, who operated the site at Port Clarence Road, Port Clarence, Middlesbrough, pleaded guilty of breaching Regulation 7(1) of the Control of Substances Hazardous to Health (COSHH) Regulations 2002 and were fined £160,000 and ordered to pay £5,310.35 in costs at Teesside Magistrates’ Court on 23 May 2024.
Speaking after the hearing, HSE inspector Matthew Dundas said: “The expected standard is to control exposure to as low a level as is reasonably practicable.
“We hope this serves to raise industry awareness for the expectation of control of hazardous substances, namely wood dust, in the wood waste and recycling industry.”
This prosecution was brought by HSE enforcement lawyer Iain Jordan and supported by HSE paralegal officer Rebecca Forman.
Notes to editors
The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice, promoting training; new or revised regulations and codes of practice, and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
Companies fined as worker injured at Pirelli factory
Three companies have been fined after a lift truck engineer was seriously injured while working at Pirelli Tyres’ factory in Carlisle.
Ivan Weightman sustained fractures to his back and leg when two heavy metal skips fell on top of him, trapping the 47-year-old against the ground on 14 November 2019.
Pirelli, International Rubber and Tyre Recycling Limited and DCS Multiserve Limited were all prosecuted by the Health and Safety Executive (HSE) following the incident on Dalston Road. Workers from DCS Multiserve Limited moved materials at the site whereas staff from International Rubber and Tyre Recycling Limited removed waste.
Mr Weightman was servicing a fork lift truck that was parked up against a stack of waste tyres on a stillage. Two metal skips were positioned on top of the stack.
Pirelli’s site on Dalston Road, Carlisle.
In order to work on the truck, Mr Weightman moved the vehicle a short distance away from the stack.
As he then walked to the front of the truck, which was leased by International Rubber and Tyre Recycling Limited, both skips fell from the stack and trapped him against the floor.
He fractured four lumbar vertebrae, his left femur and was hospitalised for several weeks as a result of the incident.
Pirelli’s site on Dalston Road, Carlisle.
A HSE investigation found the skips were routinely placed on the tyres so they will be reduced in size prior to them being transported off site. The truck was positioned to stabilise the skips. This improvised working method was approved by Pirelli, and carried out by workers at International Rubber and Tyre Recycling Limited and DCS Multiserve Limited . There had been no effective control over access to the truck and the ignition key was routinely left in the cab. There was a lack of clarity over which contractor was responsible for this activity and as a result no risk assessment had been made and no safe system of work existed.
Mr Weightman said in his victim personal statement: “I used to enjoy going camping, going for walks with my partner and doing a bit of DIY. I had to get rid of my tent, I couldn’t put it up. With all the pain, I struggled to do it.
“I can’t go for walks like I used to. It starts to get uncomfortable and painful.
“I struggle coming down the stairs with my left knee. I struggle to get comfortable in bed or when sat on the sofa. My left knee gives way sometimes, like when I am carrying a heavy shopping bag.
“I can’t play with my grandson, who is five, and I won’t be able to play with my great nephew when he is older.”
Pirelli Tyres Limited, of Derby Road, Burton-On-Trent, Staffordshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and Regulation 11(1) of the Management of Health and Safety at Work Regulations 1999. The company was fined £280,000 and ordered to pay £4,703.43 in costs at Carlisle Crown Court on 10 May 2024.
International Rubber and Tyre Recycling Limited, of Moorhead Lane, Shipley, West Yorkshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and Regulation 11(1) of the Management of Health and Safety at Work Regulations 1999. The company was fined £9,000 and ordered to pay £4,566.13 in costs at Carlisle Crown Court on 10 May 2024.
DCS Multiserve Limited, of Mylord Crescent, Camperdown Industrial Estate, Newcastle, pleaded guilty to breaching Regulation 11(1) of the Management of Health and Safety at Work Regulations 1999. The company was fined £2,600 and ordered to pay £15,000 in costs at Carlisle Crown Court on 10 May 2024.
HSE inspector Matthew Tinsley said: “The fines imposed on these companies should be a warning to those responsible for the effective management of contractors and effective supervision of employees that the courts, and HSE, take a failure to follow the regulations extremely seriously. It also highlights the risks of improvised work methods using unsuitable equipment. HSE will not hesitate to take action against companies which do not do all that they should to keep people safe.”
This HSE prosecution was brought by HSE enforcement lawyer Nathan Cook and supported by HSE paralegal officer Louisa Shaw.
Notes to Editors:
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.
More information about the legislation referred to in this case is available.
Individuals and company sentenced after mother catapulted from fairground ride
Three individuals and a company have been sentenced after a mother-of-eight was catapulted from a fairground ride in Hillingdon, London.
Mrs Khadra Ali spent four months in hospital after she was ejected from the Xcelerator ride at the Funderpark funfair in Yiewsley on 10 April 2018. Her family continue to provide her with the support she needs after suffering multiple fractures to her back, hips, pelvis, ribs, both collarbones as well as internal bleeding and a significant head injury.
Mrs Ali, who was 45 at the time, went on the fast motion ride alongside her daughter but was not suitably restrained in her seat.
As the ride picked up speed, Mrs Ali, now 51, screamed for help and clung on for some time before being ejected.
Funderpark, Yiewsley
She hit the barrier of the next ride and landed on the ground.
She spent the next few weeks in a coma and four months in hospital as a result of her injuries. Mrs Ali can now no longer do chores or activities with her children.
The Health and Safety Executive (HSE) investigation found the ride’s seat restraint system was designed with electrical and mechanical failings by the manufacturer, Perrin Stevens Limited. The ride control system was set up in such a way that it would not have detected all failures. Derek Hackett, the ride owner trading as Hackett Fairs, failed to properly maintain the ride, this was in part due to Perrin Stevens’ operator manual lacking in information on inspection and maintenance of the seat restraint system.
The investigation also found on the day of the incident Mr Hackett’s ride operator had no attendant assisting them despite the operations manual requiring a minimum of two people to operate and monitor the ride. Crucially, the operator did not check each rider’s restraint bar as they should have before starting the ride, and did not notice that Mrs Ali required assistance and stopped the ride.
Funderpark, Yiewsley
DMG Technical Ltd was the appointed inspection body and had overall control of the in-service annual inspection of the ride and responsibility for issuing the declaration of the operation compliance (DOC). David Geary, director at DMG Technical Ltd, completed the annual inspection in 2017 and did not identify any failed switches or maintenance concerns. Mr Geary completed initial tests and signed off the ride for use in 2013. He also completed the required Design Review of the ride but failed to identify the electrical and mechanical design failings. The ride had been in use for a number of months before the design review was signed off by Mr Geary.
In 2023, HSE conducted an inspection campaign of fairgrounds, carrying out safety checks on rides currently in use in Britain. HSE’s long-established guidance can be found at: Health and safety guidance for fairgrounds (hse.gov.uk).
At a hearing at Westminster Magistrates’ Court on 7 May 2024:
Perrin Stevens, of Oakley Green Road, Windsor, Berkshire, pleaded guilty as a director of Perrin Stevens Ltd (dissolved) that their offence under Section 6(1)(a) and Section 6(1a)(d) of the Health and Safety at Work etc. Act 1974 was attributable to his consent, connivance and/or neglect, whereby he was guilty of an offence contrary to Section 33(1)(a) by virtue of Section 37(1) of the Act. He was handed a custodial sentence of 32 weeks, suspended for 18 months, ordered to complete 150 hours of unpaid work and pay £11,444 in costs.
Derek Hackett, of School Street, Radcliffe, Manchester, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974. He was given a custodial sentence of 18 weeks, suspended for 18 months, and ordered to pay £4,800 in costs.
DMG Technical Ltd, of Wenlock Road, Hackney, London, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974. The company was fined £51,000 and ordered to pay £30,000 in costs.
David Geary, of Wenlock Road, Hackney, London, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974. He also pleaded guilty as director of DMG Technical Ltd that their offence as attributable to his consent, connivance and/or neglect, whereby he was guilty of an offence contrary to Section 33(1)(a) by virtue of Section 37(1) of the Health and Safety at Work etc. Act 1974. He was handed a custodial sentence of 44 weeks, suspended for 18 months, and ordered to pay £24,000 in costs.
HSE inspector Helen Donnelly said: “Mrs Ali was simply enjoying a day out with her children in what she expected to be a safe environment. As a result she continues to suffer pain and significant impact to her everyday life.
“Good health and safety management often requires multiple precautions being put in place, and often by different parties. This incident shows that there are serious consequences when we do not fulfil our health and safety duties and become reliant on the actions of others to ensure the safety of workers and the public. Good health and safety is a collective effort and we must all take responsibility for the role we have in keeping people safe.
“While this investigation has been long and complex, we hope Mrs Ali and her family will find some comfort with the sentence and see that justice has now been served.”
A statement from Mrs Ali’s representative said: “The family of Khadra Ali is deeply relieved that the criminal prosecution has concluded following the tragic incident at the Funderpark Fun Fair. They are grateful to everyone who has supported them throughout this challenging process.
“While no outcome can undo the impact of the life-changing injuries on Khadra’s health and well-being, they hope this marks the beginning of their journey to rebuild their lives and provide her with the support she needs moving forward.
“The family remain committed to providing Khadra with the best quality of life possible.
“They respectfully request privacy as they continue to focus on caring for Khadra and facing the challenges ahead.”
Notes to Editors:
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.
More information about the legislation referred to in this case is available.
Recycling company fined £1.2m after worker hit by a wagon
A Yorkshire metals recycling company has been fined £1.2m after a worker was injured after being struck by a wagon at a processing site.
On 10 August 2020 an employee of CF Booth Limited was walking across the site yard in Rotherham when he was struck by a moving 32-tonne skip wagon. The man was not wearing his hi-vis jacket and did not see the wagon approaching. The wagon driver did not see the employee prior to the collision due to concentrating on manoeuvring the vehicle around some low-level skips which had been placed on the corner near where the employee was crossing the yard.
Following the incident, the man sustained a fractured skull and also fractured his collar bone in two places but has since made a full recovery.
The incident took place at CF Booth Limited’s site in Rotherham
A Health and Safety Executive (HSE) investigation found that at the time of the incident the site was not organised in such a way that pedestrians and vehicles could circulate in a safe manner. A suitable and sufficient workplace transport risk assessment was not in place for the segregation of vehicles and pedestrians. The company had failed to take steps to properly assess the risks posed by the movement of vehicles and pedestrians. The incident could have been prevented by adequately assessing the risks and implementing appropriate control measures such as physical barriers and crossing points.
Every workplace must be safe for the people and vehicles using it and traffic routes must be suitable for the people and vehicles using them. HSE has guidance on workplace transport with advice on keeping traffic routes safe and separating people from vehicles.
At Sheffield Magistrates’ Court on April 25 CF Booth Limited of Clarence Metal Works, Armer St, Rotherham, pleaded guilty of breaching Section 2 of the Health and Safety at Work etc. Act 1974. They were fined £1.2million and ordered to pay costs of £5,694.85.
After the hearing, HSE inspector Kirstie Durrans said: “If CF Booth Limited had assessed the risks and ensured vehicles and pedestrians could circulate in a safe manner, this incident could have easily been avoided.
“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
This HSE prosecution was brought by HSE enforcement lawyers Karen Park and Kate Harney, and supported by paralegal officer Rebecca Forman.
Notes to Editors:
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.
More information about the legislation referred to in this case is available.
