An engineering firm has been fined after an employee suffered a fractured skull, hip, jaw and pelvis, while working at a HS2 construction site in Hertfordshire.

The man, employed as a mechanical engineer by EMC Elite Engineering Services Ltd, had been repairing a conveyor at the site on Chalfont Lane, West Hyde when he fell 11 metres on 20 November 2022.

Stair treads had been removed in the conveyor’s stairway to ensure it could be supported by a crane during the reparation work, resulting in a gap in the stairway.

The man, who was 57 at the time, fell through this gap and landed on the concrete floor below, sustaining 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 Health and Safety Executive (HSE) investigation found that EMC Elite Engineering Services Ltd failed to ensure the work at height was properly planned, appropriately supervised, and carried out in a manner that was as safe as reasonably practicable.

The worker said in his victim personal statement: “The injuries I sustained have had a massive impact on my life and some of these will be permanent. The impact on my family relationships has been massive. My wife has become my carer.

“My own behaviours have changed. I am quicker to anger and get easily frustrated. I get very impatient too. My focus has been affected and I struggle to keep up with a task or maintain a conversation.”

EMC Elite Engineering Services Ltd, of Heronsgate Trading Estate, Paycocke Road, Basildon, Essex pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. The company was fined £52,500 and ordered to pay £6,871.12 in costs at St Albans Magistrates’ Court on 15 July 2024.

HSE inspector Martin Paren said: “This incident led to an employee suffering multiple injuries that will affect him for the rest of his life. If his employer had properly planned, instructed and supervised the work then this incident could have easily been prevented.”

This prosecution was brought by HSE enforcement lawyer Sam Wells and supported by HSE 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.

A company and its director have been fined after an employee was struck by an object while manufacturing large steel cable drums for the offshore industry.

The man, who is now 54, had been working for Code-A-Weld (Great Yarmouth) Ltd when the incident happened on 19 November 2022. Although the company had manufactured steel drums previously they had never manufactured drums of this size – with these ones weighing in excess of seven tonnes.

However, during the process, the jacking set-up failed at the company’s site in Harfreys Industrial Estate in Great Yarmouth which resulted in a catalogue of serious injuries including fractures to the man’s face and skull, and him losing the sight in one eye.

He was airlifted to hospital, placed into an induced coma and spent just under three weeks in hospital whereby he needed facial reconstruction surgery.

A Health and Safety Executive (HSE) investigation found that Code-A-Weld (Great Yarmouth) Ltd failed to carry out a suitable and sufficient risk assessment; control risks from welding in confined spaces; and to provide the  full training required.

The investigation also found that company director, David Fowler, failed to provide safe systems of work in relation to metal fabrication work, despite previous HSE interventions regarding failure to risk assess activities in the fabrication workshop.

Had the company put in place correct measures, such as suitable risk assessment, safe systems of work and planning for jacking activity, the incident could have been prevented.

HSE guidance can be found at: Health and Safety in engineering workshops.

Following a sentencing hearing at Chelmsford Magistrates’ Court on 20 June 2024, DJ Williams issued their written judgment on 5 July:

• Code-A-Weld (Great Yarmouth) Ltd, of Harfreys Industrial Estate, Bessemer Way, Great Yarmouth, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £24,000 and ordered to pay £3,500 in costs.
• David Fowler, of Harfreys Industrial Estate, Bessemer Way, Great Yarmouth, pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc. Act 1974. He was fined £2,000 and ordered to pay £1,500 in costs.

HSE inspector Natalie Prince said: “Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers in the safe system of working.

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

This prosecution was brought by HSE enforcement lawyer Robert James.

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 local authority has been sentenced after a worker lost his finger while operating a machine.

Adi Soday, a technician at The Forest School in Horsham, lost his right index finger when it was sliced off by a circular bench saw on 13 June 2022.

The 29-year-old, who worked in the design and technology (DT) department, had been operating the saw to cut pieces of wood that were set to be used for a DT lesson.

While pushing one of the sheets of wood through the saw, Mr Soday, who was 27 at the time, felt a pain in his right index finger and immediately turned off the machine.

As he looked down, he saw his finger lying on the bench.

A Health and Safety Executive (HSE) investigation found West Sussex County Council, the local authority in charge of the school, failed to ensure Mr Soday was trained to use the bench circular saw. Mr Soday had used the saw many times but had not been trained on how to use it safely.

West Sussex County Council pleaded guilty to breaching Regulation 9 of the Provision and Use of Work Equipment Regulations 1998. The local authority was fined £16,000, ordered to pay £4,294.60 in costs and a victim surcharge of £190 at Brighton Magistrates’ Court on 3 July 2024.

HSE inspector Russell Beckett said: “Workers must be trained properly when using high risk woodworking such as bench circular saws. This incident could have been prevented had West Sussex County Council provided Mr Soday with proper training.”

This prosecution was brought by HSE enforcement lawyer Iain Jordan and supported by HSE 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 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 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.

A charitable trust has been fined after a volunteer lost his life during restoration work on the Wilts and Berks Canal.

Peter Konitzer was fatally crushed when a section of a wall collapsed onto him in an excavation at Pewsham locks on 24 August 2016.

The 62-year-old had been inside the excavation removing temporary propping that was supporting the wall when the section collapsed.

Wilts & Berks Canal Trust undertook the restoration work as part of its project to preserve, conserve and improve the route of the Wilts and Berks Canal.

A joint investigation by the Health and Safety Executive (HSE) and Wiltshire Police investigation found Wilts & Berks Canal Trust had failed to ensure the safety of volunteers who were working within the excavation. The temporary propping was inadequate and there was no clear method for the safe installation or removal of props during this renovation work.

The trust routinely used volunteers to assist in work to undertake tasks including clearing rubbish and overgrowth from various canal sites and general gardening type duties but had increasingly used volunteers for light construction works.

Wilts & Berks Canal Trust, of Dauntsey Lock, Chippenham, Wiltshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The trust was fined £30,000 and ordered to pay £10,822 in costs at Swindon Magistrates’ Court on 24 June 2024.

HSE inspector James Lucas said: “This was a tragic and wholly avoidable incident. The situation which led to Peter’s death would not have arisen had the temporary structural works been properly planned and implemented to ensure a suitable safe system of work prior to the incident.

“It is essential that those in control of work of this nature devise safe methods of working and to provide the necessary information, instruction, and training to their workers to ensure their safety.”

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

Notes to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We 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. Wilts & Berks Canal Trust will also pay £6,043.16 in compensation.