A school academy trust has been fined and a man given a suspended prison sentence after a member of the public was hit by a falling tree branch.

Bishop Bewick Catholic Education Trust and gardening services provider Nicolas Thépot (trading as ‘The Green Yem’) both pleaded guilty to health and safety breaches following the incident, which left a 68 year-old with serious injuries.

Gillian Gardner had been walking her dog on the pavement along West Road in Newcastle when she was hit by the falling branch, which, as a result of the impact, knocked her on to the road and into the path of incoming traffic.

The incident took place on 9 August 2022. Thépot had been contracted by the trust to fell two trees in the grounds of St Cuthberts Catholic High School on Gretna Road. He and a young apprentice set about the work and having climbed one of the trees, Thépot was using a chainsaw to remove branches and sections of the trunk. He had been using a rope to tie to the branches to be removed, with his young apprentice tasked with pulling each one inside the school boundary as they fell.

However, it was during this operation that the rope snapped, causing both it and the falling branch to crash into Mrs Gardner and her dog.

In a statement, she said her ordeal had left her unable to leave the house for several weeks, with the injuries sustained including several broken ribs.

“It probably took about a year to totally recover she said.

“I still can’t carry anything heavy.

“I feel like it has all been downhill since my accident and I’ve lost confidence in what I can and can’t do.

“I haven’t been able to return to my weekly swimming I was used to before the accident.

“My dog has been very therapeutic for me and we’re inseparable.”

An investigation by the Health and Safety Executive (HSE) found that Thépot had no training or qualifications in arboriculture or in the use of chainsaws. He was using an unsafe method to fell the tree, by carrying out aerial chainsaw work above the open footpath and road.

The investigation also found Bishop Bewick Catholic Education Trust had made no checks on Thépot’s experience, competence or qualifications. The trust had not checked how he intended to do the work in advance of awarding the contract, made no check on the method used during the work, and did not stop the work after the incident.

In fact, Thépot continued working on the tree the very next day using the same method. The only change made was that some cones and tape were placed on to the pavement. There was no way around the coned off area for pedestrians without stepping into the busy road, nor was there any signage in place to indicate risk. Members of the public were still walking underneath the tree while Thépot was working with a chainsaw – with the risk not immediately obvious to members of the public from the path. The trust did not attempt to stop him working in this manner despite the obvious risks and the incident the previous day.

The work was only stopped when HSE inspectors became aware of the incident, arrived on the scene, and served prohibition notices on both the trust and Thépot.

Bishop Bewick Catholic Education Trust, pleaded guilty to breaching their duty under section 3(1) of the Health and Safety at Work Act 1974 to conduct their undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in their employment are not exposed to risks to their health or safety. It was fined £20,000 and ordered to pay £4,344 in costs at Newcastle Upon Tyne Magistrates Court on 17 April 2025.

Nicolas Thépot, (of Netherwitton Way, Newcastle upon Tyne) as a self-employed person, failed to discharge his duties under section 3(2) of the Health and Safety at Work Act 1974, to ensure persons not being his employees are not exposed to risks to their health or safety. He pleaded guilty at South Tyneside Magistrates Court on 7 May 2025 and was given a 12 week prison sentence, suspended for 12 months. He must also complete 100 hours of unpaid work and ordered to pay £1,000 towards the prosecution costs.

After the hearing, HSE inspector Stephen Garner said: “This incident was completely avoidable had the tree been felled by a safe method with controls put in place to protect members of the public from being struck by falling branches.

“It is particularly concerning that, in this case, the work continued by the same method the very next day, even after a member of the public was injured.

“This prosecution demonstrates HSE will not hesitate to take action against those who put the public at risk through unsafe work methods.”

 

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 can be found here.

• HSE guidance on working at height and safe use of machinery is available

A North Yorkshire company has been fined more than half a million pounds after a night shift worker fell to his death.

Mark Pinder, 51, was working for East Riding Sacks Ltd, a manufacturer of paper sacks, at its site in Stamford Bridge, near York, when the incident happened on 11 February 2023.

Mr Pinder, from York, had been operating one of the production lines when a blockage occurred on the upper deck of the machinery. After identifying the cause, he attempted to remove the blockage. He had been standing on the stationery metal rollers when his colleagues witnessed part of the machine being activated. Mr Pinder was struck by the machine which caused him to lose his footing.

He fell approximately three metres from the unguarded edge of the metal rollers to the factory floor below.

Although paramedics were called to the factory, he died at the scene as a result of his injuries.

An investigation by the Health and Safety Executive (HSE) found that East Riding Sacks Ltd failed to provide a robust safe system of work. This related to the isolation of the sack making line and the removal of blockages. They also failed to identify the risk from a fall from height and implement appropriate measures.

Falls from height remains one of the leading causes of workplace injury and death and HSE has detailed guidance on working safely at height.

The HSE investigation also found that workers routinely cleared blockages themselves, relying solely on the interlock guarding to stop the machine, even though they had not been adequately trained in isolation or blockage removal procedures. In addition, workers were using the conveyor belt as a shortcut between gantries, often climbing over the handrails onto the equipment rather than down the stairs and walking around. Management were unaware of this practice.

HSE guidance states employers must take effective measures to prevent access to dangerous parts of machinery and to avoid work at height where possible. Where routine access is required to components, suitable measures should be taken to stop the movement of dangerous parts before a person can reach a danger zone. Further guidance can be found here: https://www.hse.gov.uk/work-equipment-machinery/puwer-overview.htm

East Riding Sacks Ltd, of Full Sutton Industrial Estate, Stamford Bridge, Full Sutton, York, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 . The company was fined £533,000 and ordered to pay £6,066 in costs at Hull Magistrates Court on 30 April 2025.

HSE inspector Elliot Archer said: “Every year, a significant proportion of accidents, many of them serious and often fatal, occur as a result of people accessing dangerous parts of machinery and working at height.

“Where access beyond machinery guarding and safety devices is required for the removal of blockages, robust isolation procedures to remove all sources of power should be implemented alongside a suitable safe systems of work.

“Had these been in place, and the recognition of work at height being undertaken been flagged by the company, with appropriate controls implemented, this incident would have been avoidable”

This HSE prosecution was brought by HSE enforcement lawyer Karen Park and paralegal officer Lucy Gallagher.

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. Guidance on the provision and use of work equipment can be found here: https://www.hse.gov.uk/work-equipment-machinery/puwer-overview.htm
5. 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 can be found here and those for Scotland here.

April saw a number of significant stories from the Health and Safety Executive (HSE), with multiple major prosecutions, including the workplace regulator bringing one of its most complex and lengthy investigations to a conclusion resulting in a £6million fine.

We also prosecuted a health board in Wales, a large chemical manufacturing company, as well as a local council after a man was seriously injured installing a Christmas tree.

And HSE was involved in the prosecution of a former police officer, who was jailed for more than ten years after the deaths of four paddleboarders.

Council fined for multiple failures on Guided Busway

Cambridgeshire County Council was fined £6 million after pleading guilty to serious safety failings on its Guided Busway that led to three deaths and multiple injuries over a ten-year period.

The prosecution follows a long and complex Health and Safety Executive (HSE) investigation, where incidents continued to happen despite regular enforcement action from the regulator.

The council chose to appeal enforcement action instead of acting on concerns.

You can read more here: Council fined for multiple failures on Guided Busway – HSE Media Centre

Health Board fined for failing to manage patients risk of falling

We started off the month by prosecuting Betsi Cadwaladr University Health Board, who was fined £250,000 following failures relating to patient falls in its hospitals.

Three elderly patients sustained falls in 2022 and 2023, all of which resulted in fatalities. The cause of death of two of them was identified as being as a direct result of falling.

Richard Hughes, 84 and Gwilym Williams, 74, fell at Ysybty Gwynedd in Bangor in January and June 2022 respectively, while Nancy Read, who was 93, fell at Wrexham Maelor Hospital in January 2023.

You can read more about this case here: Health Board fined for failing to manage patients risk of falling – HSE Media Centre.

Paddleboard tour leader jailed over deaths of four people

A paddleboard business owner was jailed for 10 years and six months for gross negligence manslaughter following the deaths of four people in 2021.

Nerys Lloyd, 39, from Aberavon, who was the owner and sole director of Salty Dog Co Ltd, was charged with the gross negligence manslaughter of Paul O’Dwyer, 42, Andrea Powell, 41, Morgan Rogers, 24, and Nicola Wheatley, 40, following their tragic deaths following the incident in Haverfordwest Town Weir on 30 October 2021.

A joint investigation by Dyfed-Powys Police and HSE found that Lloyd was not correctly qualified to lead a stand-up paddle board river tour.

You can read more here: Paddleboard tour leader jailed over deaths of four people – HSE Media Centre

Council fined after man falls while installing town’s Christmas tree

Bury Metropolitan Borough Council was fined £200,000 after a man was injured while installing the town’s Christmas tree.

Council employee James Lyth was using a scissor lift to straighten the 20-foot tall Christmas tree when it toppled over with him still in the basket.

Working at height remains one of the leading causes of workplace injury and death and HSE has detailed guidance on working safely at height.

You can read more about the case here: Council fined after man falls while installing town’s Christmas tree – HSE Media Centre

Company fined £2.5m following uncontrolled acid releases

A chemical manufacturing company was fined £2.5m following two incidents of uncontrolled releases of highly corrosive acids at its site in West Thurrock, Essex.

Industrial Chemicals Ltd pleaded guilty following the incidents in 2020, one of which caused the release of a hydrogen chloride gas cloud that resulted in schools in the area to close.

That incident saw the release of three hundred thousand litres of hydrochloric acid via poorly maintained pipework. As it came into contact with the atmosphere, this created a hydrogen chloride gas cloud which spread to nearby towns.

You can read more here: Company fined £2.5m following uncontrolled acid releases – HSE Media Centre

Defence company fined £800,000 after man shot on MoD range

A defence technology company was fined £800,000 after an employee was shot during testing of ammunition at a Ministry of Defence (MoD) range in South Wales.

The father-of-two was left paralysed below the shoulders after being shot by a 5.56mm bullet fired from a gun, 570 metres away.

The incident happened on 25 March 2021 during a NATO ammunition quality assurance trial at the MoD Ranges in Pendine.

You can read the full story here: Defence company fined £800,000 after man shot on MoD range – HSE Media Centre

Builder sentenced for unlicensed asbestos removal

A builder was fined after carrying out unlicensed asbestos removal work at a house in Cheadle, Manchester.

Gavin Mutch, trading as G Mutch Developments, had been contracted to carry out renovations at the property including roofing work.

Despite being warned by the customer that asbestos was potentially present in the fascia boards, Mr Mutch proceeded to remove the asbestos-containing materials on 8 September 2022.

Our investigation found Mr Mutch had carried out unlicensed and therefore illegal asbestos removal work. This type of work should only be undertaken by a licensed asbestos contractor with appropriate safety controls in place.

You can read more here: Builder sentenced for unlicensed asbestos removal – HSE Media Centre

April is Stress Awareness Month: tackle stress in the workplace with five steps in five weeks

During April, Britain’s bosses were invited to follow five simple steps to prevent and reduce stress in their workplace.

Over the course of the month, employers were encouraged to focus on one of the campaign’s 5 Rs for each of the five weeks. They are: to Reach out and have conversations, Recognise the signs and causes of stress, Respond to any risks you’ve identified, Reflect on actions you’ve agreed and taken, and make it Routine.

You can read more here: April is Stress Awareness Month: tackle stress in the workplace with five steps in five weeks – HSE Media Centre

 

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. Further details on the latest HSE news releases is available.
3. 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 construction company has been fined after a kitchen fitter was crushed to death by a pack of concrete blocks at a site in the Cotswolds.

Martin Dunford, who was 33, was ‘very much loved’ by his family who say they miss him ‘every day’ since the incident on 23 January 2020. Martin, from Pocklington in Yorkshire, was killed after being pinned against the side of a lorry loader as two stacks of concrete blocks fell onto him.

Martin’s sister, Tracey Hunter, provided a statement on behalf of his family.

She said: “Martin went to work and never came home. His life was unjustly cut short.

“Little did he know on that date that he was going to work on a site that had ongoing issues and was not following HSE guidelines for working safely on a construction site.

“Martin was very much loved by his family and friends. He is missed every day and nothing can ever fill the hole that is left by him no longer being here.

“We, his family, and friends are still all navigating throughout this endless period of grief and today’s verdict is the start of some sense of justice towards his senseless death.”

Martin had been working at Ebrington Rise, near Chipping Campden – a development of 16 three, four and five bedroomed houses being built by Piper Homes Construction Limited.

An investigation by the Health and Safety Executive (HSE) found that Martin had walked around a lorry loader to talk to a driver about how long he would be on site, as he needed access to one of the properties being built.  A stack of concrete blocks which had been placed on top of another stack of blocks, which was also supported by a wooden pallet, toppled over onto him, pinning him against the side of the lorry. He sustained severe internal and head injuries and died on site.

Piper Homes Construction Limited, who were the principal contractor on the site, had failed to ensure that a suitable, level storage area was provided for the safe offloading of construction materials.  The company had also failed to ensure that wooden pallets in a suitable condition were used for the storage of construction materials and that persons were excluded from delivery areas. HSE guidance on pallet safety is available.

Piper Homes Construction Limited, which is currently in liquidation, of Lace Market Square, Nottingham, pleaded guilty to breaching Regulation 13(1) of the Construction (Design & Management) Regulations 2015. The company was fined £300,000 and ordered to pay £5,236 in costs at Cheltenham Magistrates Court on 29 April 2025.

HSE inspector James Lucas said: “This was an entirely avoidable incident and our thoughts remain with Martin’s family.

“Storage of construction materials should be properly planned and managed, to ensure that if materials are stored at height the necessary measures are in place to prevent them from falling and potentially injuring persons.

“Storage areas should be level and accessories such as wooden pallets should be regularly inspected to ensure that they are in suitable condition to be used to store materials.

“Had this been done on this particular site, Martin would have returned home safely to his family.”

This HSE prosecution was brought by HSE enforcement lawyer Arfaq Nabi and 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 guidance on pallet safety is available.
5. 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 paddleboard business owner has been jailed for 10 years and six months for gross negligence manslaughter following the deaths of four people in 2021.

Nerys Lloyd, 39, from Aberavon, who was the owner and sole director of Salty Dog Co Ltd, was charged with the gross negligence manslaughter of Paul O’Dwyer, 42, Andrea Powell, 41, Morgan Rogers, 24, and Nicola Wheatley, 40, following their tragic deaths following the incident in Haverfordwest Town Weir on 30 October 2021.

She admitted all four charges on Wednesday, March 5, 2025, along with one count under the Health and Safety at Work Act.

At her sentencing, the court heard how on 30 October 2021, Lloyd with the assistance of Paul O’Dwyer planned a trip organised through Lloyd’s business.

However, there had been heavy flooding, and severe weather warnings were in place, which were not heeded by Lloyd. The river was running fast, and the weir was in an extremely hazardous condition.  Lloyd did not check the weir or provide a safety briefing to the participants nor inform them of the presence of the weir.  Despite this, Lloyd facilitated the paddleboarders entering the water and she led the group along the river.

As the group approached the weir, apart from Lloyd, all the participants were pulled over the top into its base and became trapped before being ejected from the weir.  Four of the participants survived.

Instructor Mr O’Dwyer, who initially exited the river safely, re-entered the water in an attempt to rescue the others, but was immediately dragged over the top. The four victims died as a result of drowning/immersion.

A joint investigation by Dyfed-Powys Police and HSE found that Lloyd was not correctly qualified to lead a stand-up paddle board river tour.

Guidance and training for water sports instructors and participants is available from national sport governing bodies including the British Stand-Up Paddle Association, British Canoeing and the British Kite Surfing Association.  Anyone organising adventure activities for under-18s must be licenced by the Adventure Activities Licencing Authority.

HSE Inspector Helen Turner said: “I would like to express our sincere sympathy to the families of those who died, and to the survivors whose lives are indelibly affected.

“Four lives were needlessly lost and survivors traumatised by their experience at Haverfordwest weir.

“Nerys Lloyd was solely responsible for the decision to enter the water while the river was in flood, and for the attempt to take even inexperienced paddlers over the weir. This was completely reckless and the risk of death was foreseeable.

“The victims placed their trust in Lloyd to deliver a safe and enjoyable paddle, but through her incompetence, carelessness and complacency she failed to plan or assess the obvious risk at the weir or to take even basic safety measures.  By not discussing the hazards on the route Lloyd robbed the participants of the opportunity to make a reasoned decision on their own participation on the day.

“Health and safety law is not a barrier to adventurous activities, which are enjoyed by people every day in safety. Organisers must take proportionate action to recognise and manage real risks.”

Senior Investigating Officer Detective Superintendent Cameron Ritchie, of Dyfed-Powys Police, said: “Firstly, I would like to reiterate my heartfelt sympathies to the families of Paul, Andrea, Morgan and Nicola.

“The incident that took place in Haverfordwest on October 30, 2021, was an extremely tragic case resulting in the completely avoidable deaths of four people. We heard in court how this incident devastated four families, and we hope that lessons will be learned that prevent this from ever happening again.

“This has been a complex and extensive investigation and I’d like to thank my colleagues at Dyfed-Powys Police, The Health and Safety Executive and the Crown Prosecution Service for their professionalism and diligence to secure this outcome.”

The HSE investigation and enforcement was supported by HSE enforcement lawyer Kate Harney and 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 guidance on managing health and safety for leisure and sporting activities can be found at Basics for leisure activities.
5. Guidance on Adventure Activities Licensing can be found at Adventure activities licensing – HSE.
6. 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.

 

• Two employees diagnosed with Hand Arm Vibration Syndrome (HAVS) in July 2023, following repeated exposure to vibration.
• One estimated he used vibrating equipment for 90% of his working day.

A social housing provider has been fined £140,000 following a prosecution by the Health and Safety Executive (HSE).

Stonewater Limited employed two men as estate assistants who worked at various sites near Tanyard Farm in Coventry.

Between 2018 and 2023, their roles required them to undertake ground maintenance activities, including grass cutting, hedge trimming, litter picking and weeding. The extensive use of lawn mowers, leaf blowers, strimmers and hedge cutters exposed both men to vibration. One of the men estimated that he used this equipment for 90% of his working day.

Prolonged and regular exposure to vibration can affect a worker’s health resulting in painful and disabling disorders of the nerves, blood supply, joints and muscles of the hands and arms. These disorders are collectively known as Hand-Arm Vibration Syndrome (HAVS). The risk of onset or worsening of HAVS increases with daily exposure and varies widely between individuals. HSE guidance can be found here.

One of the affected, Christopher Smith, aged 60 from Coventry, said: “I have lost my fine motor skills and experience significant difficulty in picking up small objects, using a knife and fork, or even doing up buttons.

“The pain keeps me up at night.

“I am unable to pick up my younger grandchildren to hold them. It is not only not having the ability to do this, but I am terrified I will drop them, and I don’t trust myself.”

An investigation by HSE found that Stonewater Limited had failed to undertake a risk assessment in relation to vibration. The company did not ensure that vibration exposure was regularly and accurately recorded  to reduce the risks from vibration to as low as practicable. There was also no information, instruction or training provided to the employees on vibration, nor had the company implemented a suitable system of health surveillance.

Stonewater Limited of Enderby Road, Whetstone, Leicester, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £140,000 and ordered to pay costs of £3,742 at Birmingham Magistrates’ Court on 14 April 2025.

Lead HSE inspector Charlie Rowe said: “This is a tragic case and the fine imposed on Stonewater Limited underlines that the courts, and HSE, take a failure to follow health and safety regulations extremely seriously.

“HAVS is a serious and disabling health condition and we will not hesitate to take action against employers that fall below the required standard.”

This prosecution was brought by HSE enforcement lawyers Julian White and Edward Parton, supported by 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 can be found here.
5. HAVS is an occupational disease reportable under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

A defence technology company has been fined £800,000 after an employee was shot during testing of ammunition at a Ministry of Defence (MoD) range in South Wales.

The father-of-two was left paralysed below the shoulders after being shot by a 5.56mm bullet fired from a gun, 570 metres away. The incident happened on 25 March 2021 during a NATO ammunition quality assurance trial at the MoD Ranges in Pendine.

The now 42-year-old’s role had been to check the impact of bullets on a metal target and was in front of the target when the bullet was fired.

An investigation by the Health and Safety Executive (HSE) found QinetiQ Limited had failed to adequately risk assess the trial activity. As a result they did not have adequate precautions in place to ensure that no one was near the target when the rounds were fired.

• Employers are required by law to protect both their employees and others from harm and assessing the risk is just one part of the overall process and HSE guidance is available to explain what steps should be taken.

QinetiQ Limited of, Cody Technology Park, Ively Road, Farnborough, Hampshire pleaded guilty to breaching Section 2(1) of the Health and Safety At Work etc Act 1974.  The company was fined £800,000 and ordered to pay £8,365 in costs at Llanelli Magistrates Court on 3 April 2025.

HSE principal specialist inspector Stuart Charles said of the employee: “His life and those of his wife and two children have been devastated by the severe injuries he has suffered.

“Simple and inexpensive steps could have been taken which would have prevented this incident.

“This case shows employers the importance of continually assessing the way they work and not just accepting historical practices.”

The HSE prosecution was brought by HSE enforcement Lawyer Julian White and paralegal officer Imogen Isaac.

 

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. HSE guidance about managing and assessing risksis available.

• Schools were closed following hydrochloric acid release  

• Joint investigation and prosecution by HSE and the Environment Agency 

• Guidance is available on maintaining equipment in large chemical plants 

A chemical manufacturing company has been fined £2.5m following two incidents of uncontrolled releases of highly corrosive acids at its site in West Thurrock, Essex.  

Industrial Chemicals Ltd pleaded guilty following the incidents in 2020, one of which caused the release of a hydrogen chloride gas cloud that resulted in schools in the area to close.  

The first incident on 6 January 2020 resulted in an uncontrolled release of hydrochloric acid from three chemical storage tanks. 

Three hundred thousand litres of the substance was released via poorly maintained pipework. As it came into contact with the atmosphere, this created a hydrogen chloride gas cloud which spread to nearby towns. Nearby CCTV footage shows the atmosphere being engulfed in the cloud within 60 seconds.  

Local businesses were affected and schools in West Thurrock and Chafford Hundred were advised to close. Due to the risk to local residents of exposure to the migrating fumes, advice was provided by emergency responders to close windows and doors.  

Hydrochloric acid is highly corrosive and hydrogen chloride is a toxic gas. The incident lasted approximately 24 hours. 

On 29 August 2020 another uncontrolled release, this time of sulphuric acid, occurred due to a crack in a pipe. This resulted in the release of 87 cubic metres of sulphuric acid being released into the atmosphere. The valve that was designed to control leaks in the event of cracks did not operate as intended, leading to the uncontrolled release, increasing the risks to operators and delivery drivers.   

Sulphuric acid is highly corrosive and can cause lung damage if high levels are breathed in. 

A joint investigation by the Health and Safety Executive (HSE) and Environment Agency (EA) into the release of the hydrochloric acid in January 2020 found that pipework had not been installed, maintained and inspected sufficiently which led to several smaller pipe failures before the more serious loss of containment. The investigation found that pipework had not been properly maintained, and a protective chemical-resistant coating had not been applied to the full height of containment walls. 

An investigation by HSE into the release of sulphuric acid in August 2020 identified a lack of inspection and maintenance of the pipework and valves. The leak continued for a further two days due to the inability to operate a manual valve to stop the process.  The loss of containment was eventually stopped on 31 August 2020. Fortunately, no one was harmed. 

Both HSE and industry guidance highlight that work equipment must be maintained in efficient working order and in good repair. Work equipment includes the defective valve and pipework at the site. Suitable and sufficient inspection and maintenance regimes for pipework and valves significantly reduces the likelihood of the loss of containment of dangerous substances to protect both employees, other workers and members of the public from potential harm.   

In relation to the January 2020 incident:  

• Industrial Chemicals Limited of Old Power Station site, Stoneness Road, West Thurrock, Grays, Essex, pleaded guilty to breaching Section 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 for the loss of containment of hydrochloric acid. 

• Industrial Chemicals Limited also pleaded guilty to two charges of breaching environmental permit conditions in contravention of regulation 38(2) of the Environmental Permitting (England and Wales) Regulations 2016 in that the company did not take appropriate measures to minimise the risk of unauthorised emissions of hydrochloric acid/acid fumes to air and land with the potential to impact receptors offsite including the local community.  

In relation to the August 2020 incident:  

• Industrial Chemicals Limited pleaded guilty to Section 2(1) of the Health and Safety at Work etc Act 1974.  

In a hearing at Westminster Combined Court last week (Friday 28 March), the company was fined £2.4 million in relation to charges under the Health and Safety at Work Act 1974 and a further £100,000 in relation to charges under the Environmental Permitting (England and Wales) Regulations 2016.  

HSE principal inspector Maria Strangward said: “The uncontrolled release of significant quantities of hazardous substances in these cases was entirely avoidable.  

“An appropriate planned maintenance programme should have been in place to ensure that pipes do not fail, and valves operate. The proactive maintenance of pipework and safety critical valves is extremely important at sites such as these.  

“Industrial Chemicals Limited’s West Thurrock site is classified as an upper tier site under the Control of Major Accident Regulations 2015, so that businesses and communities are protected, and potential major accidents avoided.”  

Adrian Sherman, Environment Agency regulatory officer, said: “The Environment Agency takes its regulatory responsibilities seriously to protect communities and the environment.  

“We expect businesses to comply with their environmental permits and will take appropriate enforcement action when they fail to do so. In this case, an appropriate inspection and maintenance programme could have prevented an environmental and public health risk.”  

The HSE prosecution was brought by enforcement lawyer Samantha Wells, who said: “At the sentencing hearing the judge noted the previous history of poor health and safety standards by this defendant, which included previous incidents relating to poor maintenance of pipework at this site showing a careless attitude to health and safety which was treated as an aggravating factor which uplifted the sentence imposed.”  

The EA prosecution was brought by EA lawyer Laura King. 

 

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. Relevant guidance can be found at: Safe use of work equipment. Provision and Use of Work Equipment Regulations 1998. Approved Code of Practice and guidance – L22 and A guide to the Control of Major Accident Hazards Regulations (COMAH) 2015 – L111 
5. 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.   

 

About the Environment Agency: 

1. The Environment Agency is a non-departmental public body, sponsored by the Department for Environment, Food and Rural Affairs.  
2. We work with businesses to help them comply with environmental regulations. Where businesses fail to meet their obligations, the Environment Agency takes appropriate enforcement action, ranging from guidance and advice to prosecution. Our enforcement work helps ensure a level playing field for legitimate businesses and prevents environmental harm. 
3. Industries with potential to pollute must operate under permits with strict conditions to protect the environment and local communities. 
4. For more information visit www.gov.uk/environment-agency. 

Betsi Cadwaladr University Health Board has been fined £250,000 following failures relating to patient falls in its hospitals.

Three elderly patients sustained falls in 2022 and 2023 and they all sadly died. The cause of death of two of them was identified as being as a direct result of falling.

Richard Hughes, 84 and Gwilym Williams, 74, fell at Ysybty Gwynedd in Bangor in January and June 2022 respectively, while Nancy Read, who was 93, fell at Wrexham Maelor Hospital in January 2023.

Betsi Cadwaladr University Health Board (BCUHB) was initially investigated by the Health and Safety Executive (HSE) following two other patient falls in 2020, one of which resulted in fatal injuries.

As a result, HSE took enforcement action against BCUHB that required it to implement an effective patient fall management system, including:

• ensuring patients had appropriate falls risk assessments (with clear risk controls detailed);
• that the risk assessments were reviewed and updated accordingly in the event of a patient’s health deteriorating;
• that staff received training on patient falls.

The enforcement action also required BCUHB to review the patient falls policy and to ensure the entire system worked effectively.  A follow-on inspection made in November 2021 identified that BCUHB were still not managing patient falls and this resulted in a further action being taken.

However, over the next two years, the three patients died and BCUHB had not implemented a system to identify and manage patient falls quickly, or provide staff with updated training.

Betsi Cadwaladr University Health Board pleaded guilty to breaching Section 3 (1) of the Health and Safety at work Act 1974 and have been fined £250,000 and ordered to pay costs of £11,766.

Speaking after the case HSE inspector Sarah Baldwin-Jones said “This is the second time this health board has been prosecuted in less than 18 months.

“These incidents could so easily have been avoided had the BCUHB followed their own adult falls policy. Effective management of patient falls includes thorough risk assessment, effective communication on risk management, monitoring and re-evaluation should the patient condition deteriorate.

“Staff and agency workers need to follow the same training pathway, ensuring those responsible for falls management have the skills to make appropriate decisions.

“Unfortunately, these actions were not always followed and as a result some patients suffered falls, which resulted in two preventable deaths.”

The HSE prosecution was brought by HSE enforcement lawyer Gemma Zakrzewski and paralegal officer Sarah Thomas.

 

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 can be found here.

• Thirteen foot fall caused brain haemorrhage and multiple fractures
• Barn roof also contained asbestos
• HSE guidance is available for working at height

A self-employed builder has been told to complete 200 hours unpaid work after a man fell more than 13 feet through a barn roof in Lancashire.

James Dargan-Cole, 25, of Todmorden, had failed to put arrangements in place to either avoid the working at height completely or prevent a fall while doing so.

Twenty-nine-year-old Jacob Thomas, who was a self-employed labourer, suffered serious injuries at Great House Farm, Great House Road, on 13 April 2023. The incident happened during his first day on the job, when he had been removing wooden boarding behind the roof of a lower barn structure. Mr Thomas took a step and fell through one of the skylights to the floor below. His horrific injuries included a brain haemorrhage as well as multiple fracturs including to his skull, the sternum, the spine and the shoulder.

• Working at height remains one of the leading causes of workplace injury and death. The Health and Safety Executive (HSE) has detailed guidance on working safely at height.

An investigation by HSE found that as well as failing to consider the work at height, the roof in question also contained asbestos fibres. Dargan-Cole lacked the understanding of the risks and the associated controls to manage the risks whilst dismantling the lower barn structure.

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.

James Dargan-Cole, of Eastwood Road, Todmorden, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974. He was handed a 12 month community order with 200 hours unpaid work in the community and ordered to pay £2,500 in costs at Leeds Magistrates’ Court on 1 April 2025.

Principal inspector Paul Thompson from HSE said: “Mr Thomas suffered horrific injuries due to the failure to ensure protective fall prevention or collective fall mitigation measures were in place. These are well known and long standing within the industry.

“This incident came about as a result of poor planning, management and monitoring of activities during work at height. I hope this case serves as an example and a reminder to others about the potential deadly risks they often undertake and how they should be approached.”

This prosecution was brought by HSE enforcement lawyer Matthew Reynolds, who was 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. Guidance on working safely at height and working with asbestos is available.
5. 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.