- Private Jethro Watson-Pickering was killed during an exercise on Salisbury Plain
- 23-year-old died from head injuries after gun barrel of his armoured vehicle struck a tree on 15 October 2021
- MOD issued with Crown Censure by Health and Safety Executive
The Ministry of Defence (MOD) has been issued with a Crown Censure by the Health and Safety Executive (HSE) after a British Army soldier died during a routine training exercise on Salisbury Plain.
The censure follows an investigation by HSE inspectors into the incident in 2021, which concluded the MoD had not met its duties under the Health and Safety at Work Act, and found inadequacies with the risk assessment, instructions and training for the exercise.
The incident
Private Jethro Watson-Pickering, of the 1st Battalion of the Yorkshire Regiment, was taking part in an exercise known as Iron Storm at the British Army’s Salisbury Plain training area in Wiltshire on 15 October 2021. The 23-year-old had been driving a Scimitar-variant Combat Vehicle Reconnaissance (Tracked) (CVR(T)) armoured fighting vehicle. Their role in the exercise was to drive armoured vehicles and act as the enemy for another Army regiment.
At around 11:50am the incident vehicle was escaping ‘attack’, when the gun barrel, protruding beyond the side of the vehicle, struck a tree. On impact, the turret rotated very quickly, and the rear storage bin attached to the it struck Private Watson-Pickering’s head, causing fatal injuries. He died at the scene.
HSE investigation
An investigation by the HSE found there was no safe system of work for driving the CVR(T) Scimitar during the exercise.
Risk assessments failed to identify the danger to the driver from the turret rotating without warning. As a result, no control measures were put in place to stop the driver’s head being struck by a storage box if the barrel was accidentally hit and the turret turned.
The investigation also found that risk assessments were not properly reviewed after similar incidents in previous years. Instruction and training were also inadequate, particularly on the risk of the turret rotating unintentionally and on driving with the head up.
Crown Censure
Following the investigation, a file was passed to HSE’s legal services division, which concluded there was sufficient evidence to pursue a Crown Censure.
A Crown Censure is the maximum sanction available to HSE against a Crown body. It acts as an official reprimand and provides a lasting, public record of a Crown body’s failure to comply with the law.
By accepting the Crown Censure, the MoD admitted breaching its duty under Section 2(1) of the Health and Safety at Work etc. Act 1974.
HSE inspector Emma O’Hara said:
“Our thoughts are first and foremost with the family and friends of Private Jethro Watson-Pickering, who must live with his loss.
“Just like any other employer, the MOD has a responsibility to take all reasonably practicable steps to control the risks to the safety of its employees. In this case, it failed to do so, which has cost a young man his life.
“While realistic exercises are an essential component of military training, this does not mean employees should face uncontrolled or inadequately controlled risks.
“Training exercises must be properly planned, with risks identified and mitigated, to prevent future tragic incidents like this one.”
The HSE Crown Censure was brought by HSE enforcement lawyers Rebecca Schwartz and Tom Ledden-Rocks, and paralegal officer Helen Jacob.
Further information:
- The Health and safety Executive (HSE) is Britain’s national regulator for workplace health and safety.
- The breach of law the Censure is being issued over is: Section 2(1) of the Health and Safety at Work etc. Act 1974, which states that: “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees”.
- There is no financial penalty associated with Crown Censure, but once accepted is an official record of a failing to meet the standards set out in law.
- Crown Censure is the process by which HSE holds Crown bodies to account for serious breaches of health and safety law. You can find a record of Crown Censures issued by HSE at: Crown Censures taken by HSE since 1 April 1999
- More information on Crown Censures can be found here: http://www.hse.gov.uk/enforce/enforcementguide/investigation/approving-enforcement.htm .
- The Code for Crown Prosecutors sets out the principles for prosecutors to follow when they make enforcement decisions. HSE’s approach to Crown Censure is set out in its enforcement policy statement.