A Cheshire-based electrical transmission company has been fined £240,000 after a man was left paralysed from the chest down after a fall at work.

Gavin Pugh, from Bangor in North Wales, was 35 at the time of the incident and employed as a linesman by Wood Transmission and Distribution Limited. He had been demolishing and replacing electricity pylons in East Staffordshire when he fell more than 30 feet on 6 April 2022.

Birmingham Magistrates Court was told how Mr Pugh and his colleagues began working on a pylon known as Tower AE11 in preparation for its demolition. They were unaware there had been previous work to loosen the bolts on the tower, known as “bolt cracking”, undertaken by another team of linesmen. This work had not been risk assessed and there were no systems in place to effectively record and communicate what they had actually done.

In addition, the team that was sent to site that day was also under-staffed for the work being carried out. As the job progressed, Mr Pugh unknowingly attached his fall protection lanyard to a diagonal steel section that was only securely bolted in place at its uppermost fixing. As he moved around the tower, the steel section he was attached to dropped into a vertical position, causing his lanyard to fall loose, resulting in him falling to the ground. He spent six months in hospital and has been left unable to work as a result of his extensive injuries.

An investigation by the Health and Safety Executive (HSE) found that Wood Transmission and Distribution Limited failed to ensure that the work at height was properly planned, appropriately supervised, and carried out in a manner that was, so far as was reasonably practicable, safe. The company had not considered the work at height hierarchy as part of its planning and had not assessed the risks associated with bolt cracking. Furthermore, it had not adequately resourced the task in line with its own safety documentation, and had failed to put in place a process for transferring work between teams and ensuring safety critical information was recorded and communicated effectively.

On 12 April 2024, Wood Transmission and Distribution Limited, of Booths Park, Chelford Road in Knutsford pleaded guilty at Birmingham Magistrates Court to breaching regulation 4(1) of the Work at Height Regulation 2005. At a hearing on 17 July 2024 they were subsequently fined £240,000 and ordered to pay costs of £14,142.

HSE Inspector Robert Gidman said: “This tragic incident could have been prevented had Wood Transmission and Distribution Limited put in place adequate arrangements to protect its workers from harm.

“Proper assessment of the risks and consideration of work methods, adequate staffing, and clear procedures for transferring towers between teams could have enabled this work to go ahead without incident.

“Instead, because of the company’s shortcomings, a worker has sadly and unnecessarily been left paralysed.

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

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 manufacturer of military explosives has been fined £670,000 after an employee was killed and another seriously injured in an explosion at its factory near Salisbury.

The two men were working on the production of MTV – an explosive substance used in military flares – at the premises of Chemring Countermeasures Limited in High Post on 10 August 2018. They were cleaning a vessel used in the production and were removing residual explosive material in preparation for the next day’s shift.

Piotr Zukowski, 29 of Southampton was partially inside the vessel when the remaining material exploded, killing him instantly. Another worker, Jake West, 32 was caught in the resulting fireball and sustained substantial burns.

Piotr’s mother Elżbieta, said her life ‘stopped’ on the day her son was killed.

“At the time, I was on holiday in Greece with my younger, 13-year-old son Maks.

“Then, my son Piotr died at Chemring. That’s when my heart stopped.

“I don’t know how we got back, I don’t know how I survived the next weeks. It was and still is a nightmare.

“Piotr went to work, as usual, and never came back.

“I could give all my money, my life, only for my son Piotr, at least for a moment, to appear in this world, so that I could hug him, to see his smile, to hear his voice.”

An investigation by the Health and Safety Executive (HSE) found that Chemring Countermeasures Limited of Romsey, Hampshire, had failed to carry out a suitable and sufficient risk assessment. They had also failed to identify that explosive material was building up within work equipment, or to identify the sensitiveness of these explosives and had not put in place controls to ensure that this build-up of material did not present a serious risk to workers. Furthermore, workers were poorly supervised, allowing routine non-compliance with process instructions to take place.

The company holds an explosive licence, granted by HSE, which permits the manufacture and storage of explosives. Activities carried out in the corridor compromised the route of access and egress from the building and were contrary to the conditions of the licence. It was also custom and practice to have the doors to all of the bays in the building open during the working day, also contrary to the conditions of the licence.

When the initiation occurred, because explosive waste was processed and stored in the corridor, it was allowed to communicate to other parts of the building thus increasing the severity of the event. Mr West was injured, receiving serious burns, whilst working in the corridor.

Chemring Countermeasures Limited pleaded guilty to breaching Regulation 2(1) of the Health and Safety at Work etc Act 1974. They were fined £670,000 and was ordered to pay £12,835 costs at a hearing at Swindon Magistrates’ Court on 27 June 2024. The prosecution was supported by HSE enforcement lawyer Alan Hughes and paralegal officer Ellen Garbutt.

After the hearing HSE inspector David Myrtle said: “This tragic incident led to the avoidable death of a young man. It could easily have been prevented.

“The failure to properly recognise the hazards posed by MTV throughout the production process, the unchecked build-up of waste MTV and a general lack of knowledge of good explosives practice meant the control measures in place were inadequate.”

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. Guidance for working safely with explosives is available.

Two companies have been fined after a teenage worker was exposed to asbestos.

The 16-year-old had been working for P Turnbull Joinery and Building Services Ltd on an outbuilding of a domestic property after the firm had been hired by Alt Berg Holding Limited to refurbish the property in Richmond, North Yorkshire.

He had been breaking up cement sheets taken from the roof of the property and putting them into a skip on 7 June 2021. Asbestos was later found to be in the cement sheets, exposing the worker to asbestos fibres.

A Health and Safety Executive (HSE) investigation found that Alt Berg Holdings Limited had failed to carry out an asbestos refurbishment and demolition survey of the property, which would have identified the asbestos. P Turnbull Joinery and Building Services Ltd had not properly assessed the work and failed to prevent the worker being exposed to asbestos.

P Turnbull Joinery and Building Services Ltd, of Attwood Terrace, Wolsingham, Durham, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £2,000 and ordered to pay £500 in costs at Peterlee Magistrates’ Court on 20 June 2024.

Alt Berg Holdings Limited, of Moor Road, Melsonby, Richmond, North Yorkshire, pleaded guilty to breaching Regulation 4(4) of the Construction (Design and Management) Regulations 2015. The company was fined £6,000 and ordered to pay £1,950 in costs at Peterlee Magistrates’ Court on 20 June 2024.

HSE Principal Inspector Chris Tilley commented: “A suitable and sufficient asbestos refurbishment and demolition survey of the building undertaken by the client and provided to the contractor before work started would have identified the presence of asbestos in the roofing materials. The contractor could have ensured that suitable controls were put in place and the asbestos removed safely before further work was undertaken.

“This incident could so easily have been avoided by the provision of suitable and sufficient pre-construction information, effective communication between the parties and the use of correct control measures and safe working practices.”

This prosecution was brought by HSE enforcement lawyer Chloe Ward and supported by HSE paralegal officer Rebecca Withell.

Notes to editors:

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

A company in Berkshire has been fined £30,000 after a father-of-four was electrocuted.

Levi Alleyne (known as ‘Chunky’) lost his life while delivering crushed concrete at a construction site on Swallowfield Road, Reading, on 16 November 2020.

Chunky was killed after the crane arm of his lorry came into close contact with an overhead power line, which then created an electrical charge.

The 41-year-old later passed away from his injuries.

A Health and Safety Executive (HSE) investigation found BBM Contracts Limited, the principal contractor, ordered the delivery and chose the area where the crushed concrete would be delivered. However, the delivery area was located below an 11kv overhead powerline. The company was aware of the presence of overhead powerlines but did not consider whether there was an alternative way of working which avoided them, nor did it put in place demarcations or warnings. An alternative delivery route was subsequently used following the incident.

BBM Contracts Limited, of Aldbourne Avenue, Earley, Reading, pleaded guilty to breaching Regulation 13(1) of the Construction (Design and Management) Regulations 2015. The company was fined £30,000 at Reading Magistrates’ Court on 20 June 2024.

HSE principal inspector Georgina Symons said: “This tragic incident led to the death of a father-of-four. This death might have been prevented if the contractor had correctly identified and managed the risks involved.

“The dangers associated with overhead power lines are well-known and a wealth of advice and guidance is freely available from HSE and other organisations.”

This prosecution was brought by HSE enforcement lawyer Samantha Tiger and supported by HSE paralegal officer Helen Jacob.

Notes to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We 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. BBM Contracts Limited has also been ordered to pay £11,613.50 in compensation to the family of Levi Alleyne.

A housing company has been 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 Avant Homes (Scotland) Limited, 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.

The Health and Safety Executive (HSE) investigated and found that Avant Homes (Scotland) Limited as the principal contractor on site should have ensured there was a safe system of work for the unloading of the delivery vehicle driven by Mr Morgan. It also found Regen Waste Ltd had not carried out a suitable and sufficient assessment of risk for the drivers delivering to remote sites not under its control.

On 19 June at Hamilton Sheriff Court, Avant Homes (Scotland) Limited of Edinburgh Park, Edinburgh pleaded guilty to a breach of Section 3(1) of the Health and Safety at Work etc. Act 1974 and were fined £333,000. Regen Waste Limited of Newry, County Down pleaded guilty to breaching Regulation 3(1)a of the Management of Health and Safety at Work Regulations 1999 and were fined £23,000.

Speaking after the case HSE principal inspector Graeme McMinn said: “This was a tragic and wholly avoidable incident, caused by a failure of the principal contractor to implement a safe system of work.  The employer also failed to carry out a suitable and sufficient assessment of risk.”

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

HSE website has guidance on the safe loading and unloading of vehicles at Loading/Unloading activities – Workplace transport checklist – Section 6 (hse.gov.uk)

Notes to Editors:

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

A man has been given a suspended sentence after he carried out unsafe work on an extension to his own home in Manchester.

Abdul Rehman engaged operatives to help him build an extension to the property on Kings Crescent in Old Trafford – which was in addition to replacing the roof on the existing semi-detached house.

The Health and Safety Executive (HSE) served enforcement notices in relation to work being carried out from an unsafe scaffold at the property in August 2020. The scaffold was subsequently dismantled, and work put on hold.

However, in November 2021 the same inspector found that Mr Rehman was in control of and instructing operatives to re-roof his property. The work was being carried out without any form of fixed scaffolding or other equally effective measures to prevent the risk of a fall from height from the unprotected two storey roof.

A further prohibition notice was issued to prevent the unsafe work, but Mr Rehman continued to instruct, supervise and assist it. This went on for several weeks and included work during the hours of darkness and in breach of the prohibition notice while continuing to put the lives of the workers at risk.

A fixed safe scaffold could and should have been erected around the perimeter of the roof, but Mr Rehman chose to put cost cutting at the expense of safety to ensure the replacement roof to his property was completed. cost-cutting at the expense of safety.

An investigation by the Health and Safety Executive (HSE) found that Abdul Rehman, from Manchester, chose to ignore the issue of an enforcement notice and continue to instruct operatives to work on the roof without any form of fall protection under the hours of darkness.

He pleaded guilty to breaching regulations 4(1) and 6(3) of the Work at Height Regulations 2005, and section 33 1(g) of the Health and Safety at Work Act 1974. He was given a custodial sentence of 12 months, but this was suspended for 18 months. During that time he must also complete 180 hours of unpaid work. He must also pay £6,450 in costs at a hearing at Manchester Magistrates’ Court on 18 June 2024.

After the hearing, HSE inspector Phil Redman said: “This was a serious breach of the law, and it is fortunate nobody was seriously injured or killed as a result of Mr Rehman choosing to ignore the repeated requests of the inspector to provide a safe means for work from height.

“The case highlights the importance of following industry guidance by ensuring a suitable and sufficient safe scaffold was provided by a competent contractor.”

The prosecution was brought by HSE enforcement lawyers James Towey and Sam Crockett.

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. Guidance on scaffolding is available.

A car wash firm in Devon has been fined £40,000 after it repeatedly failed to protect workers and members of the public from electrical safety risks.

Investigators from the Health and Safety Executive (HSE) carried out multiple visits to Best Car Wash Ltd in Tavistock between July 2021 and November 2022. They found employees were carrying out car washing outdoors, using electrical appliances such as pressure washers and vacuum cleaners. However, the company had failed to ensure the installation had been constructed or maintained to prevent danger to both the employees and members of the public. As a result of the electrical hazards identified, the company was issued with five enforcement notices.

Despite the notices, subsequent visits found they had not been complied with and it wasn’t until April 2023 that a competent person inspected, tested and repaired the installation.

The HSE investigation found the failure of the employer to comply with the initial notice resulted in electrical safety risks to the vulnerable workers persisting for longer.

Best Car Wash Ltd of Plymouth Road, Tavistock, Devon did not provide representation at Plymouth Magistrates’ Court and were found guilty in their absence of breaching Section 3(1) of the Electricity at Work Regs and Reg 33 (1)(g) of the Health & Safety at Work Act 1974.  They were fined £40,000 and ordered to pay costs of £3,164 on 6 June 2024.

Speaking after the hearing, HSE Principal Inspector Helena Allum said: “We can and will prosecute if companies fail to comply with enforcement notices.

“Those in control of work have a responsibility to ensure safe methods of working. The dangers associated with electricity in a work environment are well known and a wealth of advice and guidance is freely available from HSE.”

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 legislationreferred to in this case is available.
3. Further details on the latest HSE news releasesis available.

A Nottinghamshire-based engineering and groundworks contractor has been fined £233,000 for safety breaches after a 52-year old HGV driver was struck and killed by the mast of a piling rig at a house build site in Annan, Dumfries and Galloway.

On 21 January 2021, Gary Dobinson, who was employed by another company, visited the Hallmeadow development off Elm Road with his lorry to collect and transfer the piling rig owned by Van Elle Limited.

Tragically, as the mast of the rig was being lowered in preparation for its transportation, it suddenly collapsed and struck Mr Dobinson. Site workers and the emergency services raced to the scene to try to help him, but he sadly died from his injuries.

An investigation by Police Scotland and the Health and Safety Executive (HSE) found that insufficient measures had been taken to maintain the piling rig in a safe condition prior to the incident. Specifically, the securing lug for one of the mast’s retaining pins was badly corroded and failed, allowing the pin to displace, causing the mast to topple.

HSE guidance on maintaining and inspecting plant can be found here: The safe use of vehicles on construction sites: A guide for clients, designers, contractors, managers and workers involved with construction transport – HSG144 (hse.gov.uk)

Van Elle Limited, of Southwell Lane, Kirkby-in-Ashfield, Nottinghamshire pleaded guilty to breaching Regulation 5 of the Provision and Use of Work Equipment Regulations 1998. The company was fined £233,000 at Dumfries Sheriff Court on 4 June 2024.

HSE inspector James Caren said: “All work equipment should be subject to suitable inspection and maintenance to ensure that it can be used without risk to the safety of those using it and those in the vicinity. Construction plant are exposed to harsh conditions and require effective inspection and maintenance regimes to avoid safety defects developing.

“The company should have had robust measures in place to maintain the piling rig so that it was structurally sound and could be operated safely.”

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 guidance on protecting the public can be found here: Public protection – construction industry health & safety (hse.gov.uk)

Britain’s workplace regulator, is calling on farmers to do all they can to make sure those visiting their farms are kept safe and healthy.

It is the time of year when some farmers consider hosting “open farm” events, perhaps as part of Open Farm Sunday, happening on Sunday 9 June 2024. Open farm events allow members of the public to visit participating farms and witness farming first hand.

Both visitors and farmers can find these open days  informative, engaging and rewarding, however farmers also have a legal duty to make sure visitors are kept safe and well.

Wayne Owen, an inspector from the Health and Safety Executive (HSE) says  many of the measures farmers must put in place are easy to apply.

“Events like Open Farm Sunday provide the chance for the public to get an insight into this really important industry,” he said.

“However, it is important that farmers understand the risks on their farm and ensure that visitors are protected from them.

“As well as safety risks from things such as moving vehicles and animals, there are also potential health risks that the farmers will need to control.

“By following some simple steps, both farmers and the public can get as much out of these visits as possible.”

In a bid to assist in identifying and controlling risks to visitors, the Access to Farms industry group has produced an Industry Code of Practice (ICOP) which is available to download free from the Access To Farms website. As well as guidance on how to control risk, the ICOP includes a useful checklist for farmers to use. There is also a shorter summary guide, and a guide for schools planning to take pupils to farm events.

HSE was consulted in the production of the ICOP. It provides sensible, proportionate and balanced advice to farms on how to comply with health and safety law and keep visitors safe and well.

Key components of a well-managed open farm event include:

• Making sure the event is risk assessed and well planned.
• Ensuring that the farm and farm staff understand the risks on site, including zoonotic risk (i.e. risks from diseases or bugs carried by animals).
• Providing visitors with enough information on the risks and the controls in place (e.g. the importance of properly washing hands after touching animals, before eating or drinking, and before leaving site).
• Controlling visitor access to animals.
• Supervising visitor contact with animals. Providing separate clean areas for petting of animals. Preventing visitors going into the pens with animals.
• Providing suitable facilities for washing hands (normally this will be hot and cold water, liquid soap and paper towels) and directing visitors to use them after petting animals, before eating food, before and after using any play equipment, and before leaving site.
• Hand washing gels are not an acceptable substitute for washing facilities.
• If visitors are allowed to consume food or drink on site, providing separate clean eating areas, near hand washing facilities.
• Good prominent signage on site giving important information to visitors (but don’t rely on signage alone to give those important messages).
• Ensuring that visitors are not exposed to other risks on the farm e.g. by fencing off high risk areas or activities and keeping people away from traffic routes and moving vehicles.

By following these principles farms can hold safe and enjoyable open farm events.

Notes to Editors:

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

A family run and owned skip hire, waste and recycling business in Scotland has been fined £24,000 after a worker sustained serious injuries to his left hand and forearm on the blades of a machine.

Barry Edward Pae, formerly known as Barry Edward Vaughan, an employee of W M Russell & Sons Limited was injured while he attempted to change the blades of a rapid granulator machine. He sustained serious and irreversible injuries which included complete amputation of his left index, middle and ring fingers, and an open fracture to his left wrist following the incident on 9 April 2021.

An investigation by the Health and Safety Executive (HSE) found that the company failed to provide a safe system of work for changing the cutter blades. This included a failure to provide sufficient information, instruction, and training on how to isolate the granulator when changing the cutter blades or carrying out other maintenance.

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

At Dunfermline Sheriff Court on 30 May 2024, WM. Russell & Sons Limited of Lilliehill, Dunfermline pleaded guilty to breaching the Health and Safety at Work etc Act 1974, Section 2(1), and 33(1)(a) between 2 April and 9 April 2021, both dates inclusive. and were fined £24,000.

Speaking after the case HSE inspector Laura Dempster said: “Those in control of work have a responsibility to provide a safe system of work for their employees and to provide the necessary information, instruction and training on that system.

“If a safe system of work had been in place prior to the incident, the life changing injuries sustained by the employee could have been prevented.”

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.