A manufacturing company based in Wolverhampton has been fined £30,000 after a welder sustained serious injuries when he was struck by a forklift truck.

David Lucas was working for Fablink UK Limited at its weld shop site on Stafford Road when he was hit by the reversing forklift on 12 January 2023.

The forklift driver was moving large jigs in and out of a welding pen when it struck 45-year-old Mr Lucas. He sustained injuries including a fractured ankle and a broken elbow, and spent several days in hospital.

An investigation by the Health and Safety Executive (HSE) revealed that there were inadequate measures to segregate pedestrians and vehicles at the site, including the weld shop where the accident happened. It was commonplace for forklifts to enter the welding areas and pens whilst pedestrians were in close proximity.

Arrangements for monitoring the condition of vehicles was also inadequate and poor maintenance regimes were in place. The forklift truck involved in the accident was in a poor state of repair, including a broken horn and excessively worn tyres. The risk assessment for workplace transport was not suitable and sufficient, and the company had received previous HSE advice in relation to workplace transport and in particular about vehicle and pedestrian segregation.

Fablink UK Limited of Stafford Road, Wolverhampton pleaded guilty at Dudley Magistrates Court to breaching Section 2 (1) of the Health and Safety at Work etc. Act 1974. They were fined £30,000 and ordered to pay costs of £6,104.

HSE inspector Heather Campbell commented “This case emphasises the dangers to safety from poorly managed workplace transport and plant maintenance.

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

The prosecution was brought by HSE enforcement lawyer Edward Parton and 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 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. Guidance for working safely with vehicles is available.

A company has been fined £160,000 after an employee lost both legs whilst working at its site near Warrington.

On June 2022, Andrew McAuley, from Runcorn, an employee of William Stobart & Son Limited was picking orders at the firm’s warehouse in Appleton Thorn.

The 64-year-old was working in close proximity to a forklift truck (FLT) which was being used to load pallets of slate tiles onto a waiting truck. The FLT was carrying two pallets, one on top of the other. The top pallet was not secured to the one below, and when the driver turned the vehicle, both pallets became detached from the forks, with the upper pallet striking Mr McAuley, crushing his legs.

Mr McAuley had to have both legs amputated below the knee. He has been left dependent upon a wheelchair and unable to drive or climb stairs, leading to the need for extensive adaptations to the family home.

An investigation by the Health and Safety Executive (HSE) found that William Stobart & Son Limited failed to ensure this area of the warehouse was organised so that vehicles and pedestrians were segregated and circulated in a safe manner and loads were secured so far as was reasonably practicable.

William Stobart & Son Limited, of Ashville Way Industrial Estate, Sutton Weaver, Runcorn, Cheshire pleaded guilty to breaching regulation 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £160,000 and ordered to pay £4,478 costs at a hearing at Warrington Magistrates Court on 30 July 2024.

The prosecution was supported by HSE enforcement lawyer Sam Tiger and paralegal Sarah Thomas.

After the hearing HSE Inspector Lorna Sherlock said: “Mr McAuley has been left with devastating and life changing injuries.

“The company failed to implement a safe system of work for loading and unloading activities, thereby exposing employees, and others, to the risk of being struck by loads or workplace vehicles. This case illustrates the consequences of failing to segregate vehicles and pedestrians, and to properly secure loads.

“This injury could easily have been prevented. Employers should make sure they assess work activities sufficiently and apply effective control measures to minimise the risk from workplace transport.”

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. Guidance for working safely with vehicles and securing loads is available.

The Health and Safety Executive (HSE) is now leading the investigation into a ride malfunction at the Lambeth Country Show.

On 8 June 2024, four people were injured as a result of the incident which occurred at Brockwell Park in London.

The ride involved in this incident is now being forensically examined by specialists at HSE’s Buxton Science and Research Centre.

HSE inspector Stacey Gamwell said: “We will continue to thoroughly investigate what happened and determine whether there were any breaches of health and safety law at the time of this incident. Once we have finished our investigation, a decision will then be made on whether formal enforcement is required in line with our enforcement policy. We remain in contact with those affected by the ride’s malfunction and will keep them updated throughout out investigation.”

The Metropolitan Police had previously been the lead agency, with primacy officially signed over to HSE on 16 July.

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.

The director of a Halifax-based recycling company has been given a community order after a worker lost part of his left leg when it was crushed by machinery.

Daisy Ning Bai, 43, the director of BW Recycling Limited, was told she must complete 160 hours of unpaid work after pleading guilty to health and safety breaches. They related to an incident on 26 November 2019 at the company’s Cinderhall Works site on Sidall Top Lane.

The incident saw Nathan Bland, who was just 20 years of age at the time, have the lower part of his left leg instantly amputated. He also lost several toes from his right foot after his legs were crushed inside a waste baler – a piece of equipment used to compress waste products into a form that’s easy to manage for recycling or disposal.

In a victim personal statement, Mr Bland, who is now 25, said ‘every day was a struggle’ and that returning to work had proved to be very difficult due to the prosthetic leg he now has to wear.

“I can still have flashbacks,” he said.

“I also struggle as my stump has issues fitting on my prosthetic leg.

“The incident has also affected my social life as it has given me PTSD and depression.

“I have had to get a support worker to help with my daily activities to help me with daily activities such as shopping and going to appointments.”

An investigation by the Health and Safety Executive (HSE) found that Daisy Ning Bai, introduced a working platform in front of the baler to make the job of filling the hopper easier for the operatives. The introduction of the platform in front of the hopper permitted easy access to the baling chamber including access to the dangerous moving parts of the baler itself.

Daisy Ning Bai, director of BW Recycling Limited of Ridge View Drive, Huddersfield, West Yorkshire pleaded guilty to breaching Section 37(1) of the Health & Safety at Work etc Act 1974. She was given a 12-month community order and must complete 160 hours of unpaid work. She was also ordered to pay £5,843 in costs.

• BW Recycling Limited was not prosecuted by HSE after it was dissolved via compulsory strike off on 5 December 2023.

After the hearing, HSE inspector Sarah Lee commented: “A young man has had his life changed forever as a result of this incident.

“Companies and individuals that use balers should not install working platforms or other devices in front of the hoppers on balers as it permits access to dangerous moving parts of the baler.

“This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices”

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.

Britain’s offshore oil and gas installations are held to high regulatory standards, but human error can still lead to a major incident.

That’s the message from the Health and Safety Executive (HSE), who are urging offshore companies to take a closer look at what’s widely known in the sector as human factors.

HSE inspects human factors on offshore installations, with a particular focus on safety critical tasks.

Safety critical tasks have the potential to initiate or escalate a major accident on an installation.

HSE recently issued oil firm Apache with an enforcement notice after inspectors formed the opinion that the company failed to fully consider human factors as part of its plans to prevent a fire and explosion on its Forties Delta platform in the North Sea.

Mary Marshall, a principal specialist inspector at HSE, says it is necessary offshore firms like Apache identify safety critical tasks carried out on their offshore installations.

Mary said: “Offshore companies need to understand and evaluate where and how these safety critical tasks might be vulnerable to human error. Safety Critical Task Analysis (SCTA) is an established, structured process that will help companies demonstrate that these tasks can be carried out safely, reliably and that the risks are managed to as low as reasonably practicable. This will include consideration of the design of the equipment, details of the tasks and the factors which support task performance.”

HSE has noted a number of offshore firms have launched SCTA programmes with varying degrees of success.

Common failings that HSE has identified with these SCTA programmes include a lack of sustained commitment and progress with the work, and inconsistencies in the quality of assessments.

HSE’s inspection of its Forties Delta platform found the company had failed to take appropriate measures to prevent the uncontrolled release of flammable or explosive substances during main oil line pig launcher operations.

Apache currently has until 9 November to comply with the Improvement Notice. It has not appealed against the notice.

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 releases is available.
3. The HSE Improvement Notice issued to Apache can be found here: Notices served – Enforcement notices public (hse.gov.uk)
4. Guidance for offshore companies on what to expect from a HSE inspection can be found here: The Offshore Management of Human Factors Inspection Guide (hse.gov.uk)