CCTV has captured the moment a welder was crushed while working at a shipyard in Sunderland.

David Vinsome sustained multiple rib fractures as well as internal injuries, including an abdominal wall burst, following the incident at Pallion Shipyard on 18 October 2022.

The 37-year-old from North Shields was crushed between an excavation bucket and a fabrication table. Following an investigation by the Health and Safety Executive (HSE), Midland Steel Traders Ltd has been fined £100,000.

At the time of the incident, welders had been using an overhead gantry crane and a fork lift truck in tandem to rotate a large excavator bucket. David Vinsome was crushed as he attempted to attach the chains from the overhead crane to the bucket, and a fork lift truck started the lifting operation, unaware of his position behind it.

In a victim personal statement, the father-of-one, recalls how he spent nine days in hospital, before returning home.

“When I did come home, I was in bed for about a month before I tried to get down the stairs,” he said.

“My partner is a NHS nurse, so she helped a lot.

“I am still suffering a lot of pain with my shoulder. I have a daughter and I cannot do the school run anymore or take her out for meals or ice cream.

“I am worried about getting back to work. I don’t know when that will be or how I will manage.

“I don’t think I will go back to welding.”

The investigation by the Health and Safety Executive (HSE) found Midland Steel Traders Ltd had failed to ensure that the lifting activity was properly planned by a competent person, or carried out in a safe manner. They also failed to produce a lifting plan, and to establish a safe system of work for this activity – leading to a breakdown of communication between the multiple operators involved.

HSE inspector Matthew Dundas said: “Lifting operations can often put people at great risk, as well as incurring great costs when they go wrong.

“It is therefore important to properly resource, plan and organise lifting operations so they are carried out in a safe manner.

“Had that been done in this case then Mr Vinsome wouldn’t have been so seriously injured.

“HSE provides detailed guidance on lifting operations including the importance on how they should be properly resourced, planned and organised, to enable them to be carried out in a safe manner.”

Midland Steel Traders Ltd, Portobello Ind Est, Shadon Way, Chester le Street, pleaded guilty to breaching the Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £100,000 and told to pay £4,916 costs at Newcastle Magistrates Court on 13 February 2025.

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. HSE guidance on lifting operations including the importance on how they should be properly resourced, planned and organised, to enable them to be carried out in a safe manner, is available.

A multi-national company that manufactures wood-based products has been fined more than £1 million after two workers were injured in separate incidents.

West Fraser (Europe) Ltd, formerly known as Norbord pleaded guilty to several health and safety breaches related to two incidents that took place at its plant in Cowie within six months of each other in 2020.

In the first  Sean Gallagher, 29, a utility operator, suffered serious injuries after his leg became entangled in moving parts at the bottom of a storage bunker in January 2020.

In July of the same year, David McMillan, 39, a scaffolder, plunged more than 13 feet to the ground after a rusty plate gave way on a rooftop gantry.

Both incidents led to investigations by the Health and Safety Executive (HSE). The same company had  been fined more than £2million in 2022 after another employee died after suffering serious burns at the same plant.

Stirling Sheriff Court heard that Mr Gallagher had been employed by the firm for a period of five years, spending the last two of which working at its biomass plant. On 20 January, he noticed a fault on a bunker at the plant.  He initially entered the bunker to carry out an inspection, and did so in accordance with the company’s safe system of work procedure.

However, when he identified further issues later into his shift, he entered the bunker again, but this time had not turned off the power. He became entangled in the machinery and had to use his own phone to alert a control room operator. He was eventually extracted from the machine and taken to hospital, with injuries including compound fractures to the tibia and fibula of his right leg.

As a result of the incident, the company installed a mesh guard across the bunker hatch, which is padlocked shut. It can only be unlocked by the supervisor once the system has been isolated.

The second incident happened on 21 July and resulted in David McMillan suffering multiple fractures to his body, including his neck and ankle. He had been working at height when a plate on the steel gantry gave way causing him to fall to the ground. He spent 20 days in hospital. The subsequent HSE investigation found there was no maintenance schedule or system of checks for the gantry structure. The steel flooring to the gantry was found to have been corroded in places, while some of the welds holding the plates in place were at the point of failure. Following the incident, the gantry was immediately placed out of bounds before it was dismantled and removed from the site.

In relation to the first incident, West Fraser (Europe) Ltd pleaded guilty to failing to comply with regulations 11(1) and (2) of the Provision and Use of Work Equipment Regulations 1998 and section 33(1)(c) of the Health and Safety at Work etc. Act 1974. The company was fined £28,000 at Stirling Sheriff Court on 17 February 2025.

For the second incident, West Fraser (Europe) Ltd pleaded guilty to failing to comply with sections 4(2) and 33(1)(a) of the Health and Safety at Work etc. Act 1974. The company was fined £1,040,000 at Stirling Sheriff Court on 17 February 2025.

Speaking after the hearing, HSE inspector Stuart Easson, said: “This is the second time in five years this company has been handed a large fine for failing to protect workers.

“Although both men sustained very serious injuries in these latest incidents, both are lucky to be alive.

“We hope this outcome demonstrates that repeated failures of this nature are not acceptable.”

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 self-employed roofer has received a suspended prison sentence after a man suffered serious injuries after falling from scaffold in Devon.

Daniel Hooper was given a 16-week custodial sentence, which will be suspended for a period of 12 months, following Iain Smith, 36, falling from a height of more than 25 feet while working for him, on 13 June 2023.

Father of three Mr Smith had been manually carrying old roof slates down a ladder attached to the scaffold platform at a domestic property in Honiton when he fell, suffering serious injury, including five broken vertebrae, as well as skull and rib fractures. Devon Air Ambulance took Mr Smith to Derriford Hospital where he was put into an induced coma for five days. He has since made a remarkable recovery but does still suffer from the effects of his injuries.

An investigation by the Health and Safety Executive (HSE) found that Daniel Hooper, 28, trading as Hooper Roofing, failed to ensure the health, safety and welfare of his employee as he did not undertake any planning or appropriately supervise the work at height or supply suitable equipment to do the task safely.

Falls from height remain a leading cause of workplace death and serious injury and HSE has published guidance about how these incidents can be avoided. It is vital that employers plan work at height on any size building or roof work project. Every employer should take suitable and sufficient measures to prevent any person falling a distance liable to cause personal injury. While ladders can be used for accessing a scaffold platform, HSE guidance is clear that they should only be used for low risk and short duration tasks. Work equipment or other measures must be used to prevent falls where working at height cannot be avoided.

The HSE investigation found that ladders were used to transfer heavy slate tiles to and from the scaffolding platform and this practice was not, so far as reasonably practicable, safe.  There are alternative methods of transferring the slate tiles to and from a scaffolding platform that eliminate the need for ladders to be used for this task. These include the use of a pulley system or use of a mechanical conveyor.

Daniel Hooper, of Brook Road, Cullompton, Devon pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. He was sentenced to 16 weeks imprisonment, suspended for 12 months and ordered to complete 150 hours of unpaid work in the community at Exeter Magistrates Court on 6 February 2025.  He was also ordered to pay costs of £10,875.

HSE inspector Thomas Preston said “Falls from height account for around half of all deaths in the construction industry and Mr Smith is very fortunate to still be alive today.

“The risks of working at height and the control measures are well established, including the need to supervise the work appropriately.  Alternative methods of moving materials up and down from a scaffold platform are available and must be considered when planning roofing projects.”

This HSE prosecution was brought by HSE enforcement lawyer Iain Jordan and paralegal officer Helen Jacob.

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 guidance about working at height safely 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.

New guidance to protect Britain’s midwives from excessive nitrous oxide exposure has been published by the Health and Safety Executive (HSE).

The guidance is aimed at those responsible for ensuring the safety of workers and new mothers on maternity wards.

More commonly known as ‘gas and air’ when mixed with oxygen, nitrous oxide is an invisible gas used widely in healthcare, including for pain relief during childbirth.

Depending on how well exhaled gas from women in labour is controlled, midwives are at greater risk of exposure to higher levels of nitrous oxide due to the extensive time they spend working in labour rooms.

Over time, high levels of exposure can cause serious health effects including neurological problems and anaemia so it is important that levels are properly controlled.

The recently published guidance on how gas and air should be used safely has been developed by HSE together with maternity specialists in the NHS and is also relevant for professionals working in other parts of the healthcare sector, outside of maternity wards.

Nitrous oxide is subject to the Control of Substances Hazardous to Health Regulations (COSHH). It has a long-term workplace exposure limit of 100 ppm or 183 mg.m3 8-hour time weighted average.

HSE advises that all hospitals using gas and air should carry out a COSHH risk assessment of each space in which it is used.

Helen Jones, head of HSE’s health and public services sector said: “This is an essential piece of guidance.

“It should be taken on board by those responsible for managing health and safety in maternity units and for controlling the risks faced by staff who work with nitrous oxide. This should include consideration of workers who may be more vulnerable to the effects of exposure, such as those who are pregnant.

“Workers must also be fully consulted when it comes to monitoring how effective the control measures are, including how results are to be used.

“This will include how workers will be managed if results suggest their exposure should be reduced.”

There are three main types of control systems used in maternity wards:

• a demand valve and mouthpiece or facemask used by the patient which captures exhaled breath, ensuring it is not released into the room.
• an associated extraction or scavenging system with an extraction unit located close to the breathing zone of the patient.
• general ventilation.

The demand valve and mouthpiece or facemask system is the most effective method of control. This is because the exhaled air is not released back into the room, as long as the mouthpiece or facemask is not removed before the patient exhales.

General ventilation is least effective because it:

• is located at a distance from the source (exhaled air)
• relies on the effectiveness of the room ventilation

It is important that exposure monitoring for any airborne contaminant includes the relevant contextual information for each sample taken. For nitrous oxide in a maternity department, this would include:

• the time midwives and student midwives, doctors and/or support staff attend to the delivery of a child or children (the actual exposure time, assessed over a representative number of days)
• an estimate of the level of demand by the expectant mother
• any controls present, for example scavenging equipment
• any other information that is likely to affect the exposure levels, such as movement of people or other activities in the room.

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. Guidance on the safe use of nitrous oxide in maternity units is available.

• HSE programme has led to greater collaboration amongst offshore companies
• HSE inspected various North Sea production operators as they determined how PSLP was being adopted
• A report on the PSLP inspection programme was published today (Thursday 6 February 2025)

An inspection programme by Britain’s workplace regulator has led to major safety improvements in the offshore industry.

The Health and Safety Executive (HSE) inspected 13 production operators between January 2022 and May 2024 as part of its Process Safety Leadership Principles (PSLP) programme.

In addition to their inspections, HSE inspectors were also engaging with senior leaders at offshore firms and industry groups as they determined how PSLP was being embedded across the United Kingdom Continental Shelf (UKCS).

The programme was launched by HSE after it noted a stagnating safety record in the offshore industry.

A report on the PSLP programme was published today (Thursday 6 February). To view the report, click here.

Samantha Peace, director of Energy Division at HSE, said: “One of the main successes from our PSLP programme is that offshore companies are now engaging with one another on an unprecedented level. We found that firms were looking at themselves, identifying areas of improvement, engaging with other companies and above all, finding solutions.”

This has led to developments in process safety leadership, Major Accident Hazard (MAH) management and performance, workforce engagement and utilisation of the Elected Safety Representatives.

While there were successes from the programme, HSE found cumulative risk continues to be a challenge amongst offshore companies, with the regulator also noting that the industry is prepared to accept a greater degradation of MAH barriers, rather than fixing them.

The programme also identified that a reduction in headcount has consequently led to a decrease in skills, knowledge and competency in the industry.

“Although the programme has now finished, we will continue to challenge industry,” Samantha added.

“We will continue to question companies on how they are implementing PSLP and whether they are still collaborating with other firms on the same level we witnessed during the programme.

“We will also focus on the challenges we have identified in the industry, such as risk management and risk tolerance. It is not just down to HSE to develop safety standards in these areas however, companies will need to drive their own self-improvement. The PSLP programme shows that this can be done through collaboration, engagement and application – industry now needs to continue along this path.”

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. The PSLP inspection programme report can be found here