Community order for builder after man fell through barn roof
A self-employed builder has been told to complete 200 hours unpaid work after a man fell more than 13 feet through a barn roof in Lancashire.
James Dargan-Cole, 25, of Todmorden, had failed to put arrangements in place to either avoid the working at height completely or prevent a fall while doing so.
Twenty-nine-year-old Jacob Thomas, who was a self-employed labourer, suffered serious injuries at Great House Farm, Great House Road, on 13 April 2023. The incident happened during his first day on the job, when he had been removing wooden boarding behind the roof of a lower barn structure. Mr Thomas took a step and fell through one of the skylights to the floor below. His horrific injuries included a brain haemorrhage as well as multiple fracturs including to his skull, the sternum, the spine and the shoulder.
- Working at height remains one of the leading causes of workplace injury and death. The Health and Safety Executive (HSE) has detailed guidance on working safely at height.
An investigation by HSE found that as well as failing to consider the work at height, the roof in question also contained asbestos fibres. Dargan-Cole lacked the understanding of the risks and the associated controls to manage the risks whilst dismantling the lower barn structure.
Health Board fined for failing to manage patients risk of falling
Betsi Cadwaladr University Health Board has been fined £250,000 following failures relating to patient falls in its hospitals.
Three elderly patients sustained falls in 2022 and 2023 and they all sadly died. The cause of death of two of them was identified as being as a direct result of falling.
Richard Hughes, 84 and Gwilym Williams, 74, fell at Ysybty Gwynedd in Bangor in January and June 2022 respectively, while Nancy Read, who was 93, fell at Wrexham Maelor Hospital in January 2023.
Betsi Cadwaladr University Health Board (BCUHB) was initially investigated by the Health and Safety Executive (HSE) following two other patient falls in 2020, one of which resulted in fatal injuries.
As a result, HSE took enforcement action against BCUHB that required it to implement an effective patient fall management system, including:
- ensuring patients had appropriate falls risk assessments (with clear risk controls detailed);
- that the risk assessments were reviewed and updated accordingly in the event of a patient’s health deteriorating;
- that staff received training on patient falls.
The enforcement action also required BCUHB to review the patient falls policy and to ensure the entire system worked effectively. A follow-on inspection made in November 2021 identified that BCUHB were still not managing patient falls and this resulted in a further action being taken.
However, over the next two years, the three patients died and BCUHB had not implemented a system to identify and manage patient falls quickly, or provide staff with updated training.
Fine for waste firm after man run over on his first day of work
A waste and recycling company in Oldham has been fined £250,000 after a man was run over on his first day on the job.
The then 40-year-old was hand picking waste when he was hit from behind by a moving shovel loader. The digger drove over the man and had to reverse when the alarm was raised by nearby colleagues.
CCTV footage of the incident, at the Mossdown Road site of Wheeldon Brothers Waste Limited, has been released.
The man, now 44, suffered a bone fracture, as well as muscle and nerve damage to his leg after being struck by the vehicle in the yard on 28 July 2021. The incident happened on his first day in employment as a waste picker.
An investigation by the Health and Safety Executive (HSE) found that he had been hand picking waste after the conveyor belt they used had been removed from use after it was significantly damaged in a fire a few months earlier.
Employees were therefore required to work directly on the ground, near moving vehicles with no separation between them, putting the workers in considerable danger. There was no risk assessment and a lack of supervision for picking and sorting waste on the ground.
- HSE guidance states that pedestrians and moving vehicles should be segregated when waste is being manually sorted. A safety bulletin was also issued a few months after this incident with specific guidance on the use of wheeled loading shovels.
After the incident the man spent one week in hospital because of his injuries. He has now returned to work with a different company.
The HSE investigation also found the company had failed to ensure there were adequate measures in place for the safe segregation of vehicles and pedestrians. There was no risk assessment for this altered work activity after the fire and supervision and monitoring was inadequate.
Council fined after man falls while installing town’s Christmas tree
Bury Metropolitan Borough Council has been fined £200,000 after a man was injured while installing the town’s Christmas tree.
The council employee was using a scissor lift to straighten the 20-foot tall Christmas tree when it toppled over with him still in the basket.
The tree was being installed by an external company at Bury Market on 21 November 2022, in time for the town’s annual festivities at the Christmas shopping destination.
The 32-year-old operations manager suffered concussion and severe injuries to his right-hand side, including bruising to his ribs. He needed an operation to his leg and was left using a wheelchair and crutches after sustaining a large cut to his leg. He was off work for two months and was subsequently only able to return on restricted hours and duties as he continued his recovery.
Working at height remains one of the leading causes of workplace injury and death and HSE has detailed guidance on working safely at height.
An investigation by the Health and Safety Executive (HSE) found that Bury Metropolitan Borough Council had failed to provide the injured man with any training in the safe operation of the scissor lift and had failed carry out a sufficient risk assessment for this work activity.
The investigation also found that a suitable risk assessment of the work would have identified the dangers involved and the need to restrict the use of scissor lifts to those with appropriate training.
Company fined after death of man whose life was ‘unjustly cut short’
A construction company has been fined after a kitchen fitter was crushed to death by a pack of concrete blocks at a site in the Cotswolds.
Martin Dunford, who was 33, was ‘very much loved’ by his family who say they miss him ‘every day’ since the incident on 23 January 2020. Martin, from Pocklington in Yorkshire, was killed after being pinned against the side of a lorry loader as two stacks of concrete blocks fell onto him.
Martin’s sister, Tracey Hunter, provided a statement on behalf of his family.
She said: “Martin went to work and never came home. His life was unjustly cut short.
“Little did he know on that date that he was going to work on a site that had ongoing issues and was not following HSE guidelines for working safely on a construction site.
“Martin was very much loved by his family and friends. He is missed every day and nothing can ever fill the hole that is left by him no longer being here.
“We, his family, and friends are still all navigating throughout this endless period of grief and today’s verdict is the start of some sense of justice towards his senseless death.”
Martin had been working at Ebrington Rise, near Chipping Campden – a development of 16 three, four and five bedroomed houses being built by Piper Homes Construction Limited.
An investigation by the Health and Safety Executive (HSE) found that Martin had walked around a lorry loader to talk to a driver about how long he would be on site, as he needed access to one of the properties being built. A stack of concrete blocks which had been placed on top of another stack of blocks, which was also supported by a wooden pallet, toppled over onto him, pinning him against the side of the lorry. He sustained severe internal and head injuries and died on site.
Piper Homes Construction Limited, who were the principal contractor on the site, had failed to ensure that a suitable, level storage area was provided for the safe offloading of construction materials. The company had also failed to ensure that wooden pallets in a suitable condition were used for the storage of construction materials and that persons were excluded from delivery areas. HSE guidance on pallet safety (PDF) is available.
Paddleboard tour leader jailed over deaths of four people
A paddleboard business owner has been jailed for 10 years and six months for gross negligence manslaughter following the deaths of four people in 2021.
Nerys Lloyd, 39, from Aberavon, who was the owner and sole director of Salty Dog Co Ltd, was charged with the gross negligence manslaughter of Paul O’Dwyer, 42, Andrea Powell, 41, Morgan Rogers, 24, and Nicola Wheatley, 40, following their tragic deaths following the incident in Haverfordwest Town Weir on 30 October 2021.
She admitted all four charges on Wednesday, March 5, 2025, along with one count under the Health and Safety at Work Act.
At her sentencing, the court heard how on 30 October 2021, Lloyd with the assistance of Paul O’Dwyer planned a trip organised through Lloyd’s business.
However, there had been heavy flooding, and severe weather warnings were in place, which were not heeded by Lloyd. The river was running fast, and the weir was in an extremely hazardous condition. Lloyd did not check the weir or provide a safety briefing to the participants nor inform them of the presence of the weir. Despite this, Lloyd facilitated the paddleboarders entering the water and she led the group along the river.
As the group approached the weir, apart from Lloyd, all the participants were pulled over the top into its base and became trapped before being ejected from the weir. Four of the participants survived.
Instructor Mr O’Dwyer, who initially exited the river safely, re-entered the water in an attempt to rescue the others, but was immediately dragged over the top. The four victims died as a result of drowning/immersion.
A joint investigation by Dyfed-Powys Police and HSE found that Lloyd was not correctly qualified to lead a stand-up paddle board river tour.
Guidance and training for water sports instructors and participants is available from national sport governing bodies including the British Stand-Up Paddle Association, British Canoeing and the British Kite Surfing Association. Anyone organising adventure activities for under-18s must be licenced by the Adventure Activities Licencing Authority.
HSE Inspector Helen Turner said: “I would like to express our sincere sympathy to the families of those who died, and to the survivors whose lives are indelibly affected.
“Four lives were needlessly lost and survivors traumatised by their experience at Haverfordwest weir.
“Nerys Lloyd was solely responsible for the decision to enter the water while the river was in flood, and for the attempt to take even inexperienced paddlers over the weir. This was completely reckless and the risk of death was foreseeable.
“The victims placed their trust in Lloyd to deliver a safe and enjoyable paddle, but through her incompetence, carelessness and complacency she failed to plan or assess the obvious risk at the weir or to take even basic safety measures. By not discussing the hazards on the route Lloyd robbed the participants of the opportunity to make a reasoned decision on their own participation on the day.
“Health and safety law is not a barrier to adventurous activities, which are enjoyed by people every day in safety. Organisers must take proportionate action to recognise and manage real risks.”
Senior Investigating Officer Detective Superintendent Cameron Ritchie, of Dyfed-Powys Police, said: “Firstly, I would like to reiterate my heartfelt sympathies to the families of Paul, Andrea, Morgan and Nicola.
“The incident that took place in Haverfordwest on October 30, 2021, was an extremely tragic case resulting in the completely avoidable deaths of four people. We heard in court how this incident devastated four families, and we hope that lessons will be learned that prevent this from ever happening again.
“This has been a complex and extensive investigation and I’d like to thank my colleagues at Dyfed-Powys Police, The Health and Safety Executive and the Crown Prosecution Service for their professionalism and diligence to secure this outcome.”
The HSE investigation and enforcement was supported by HSE enforcement lawyer Kate Harney and Paralegal Officer Helen Jacob.
Farmer fined following death of worker
A Gloucestershire farmer has been fined after the shepherdess he employed was killed in a quad bike crash.
Laura Simmons, was working alone on 2nd June 2023, spraying weed killer along fence lines, using the all-terrain vehicle (ATV) at a farm in Charlton Abbots near Cheltenham.
The overloaded quad bike overturned. The 22-year-old was found by a jogger several hours later.
Laura, described by her mother as “lively, caring and adventurous,” died from fatal spine injuries. An investigation by the Health and Safety Executive (HSE) found the ATV overturned due to an overloaded front rack, uneven tyre pressure, unstable load from lack of baffles in the spray tank and the potential for the spray lance to be used during movement.
Toby Baxter failed to provide suitable equipment, ensure pre-use checks were conducted, implement a system to fill the spray tank, formally train his employees and properly assess the risks.
Laura’s mother paid tribute to her daughter from Shetland, saying: “She was a lively person who loved animals, was very caring, was a hard worker, was plucky, intelligent, practical, adventurous and she had a beautiful smile.”
HSE guidelines emphasise that safety checks for ATVs must include checking tyre pressures, which are crucial for vehicle stability. Even a small 1 psi difference can cause dangerous control problems. Proper ATV operation requires appropriate training, suitable helmets, and careful route planning. The risk of overturn is significantly higher when carrying loads that destabilise the vehicle, especially on uneven terrain or slopes as these conditions require reduced loads and increased caution.
Guidance on safe use of all-terrain vehicles (ATVs) in agriculture and forestry (PDF) can be found on HSE website.
Fine for company and director after employee dies from fall through roof
A cladding company and its director have been fined following the death of a worker who fell through a fragile roof whilst replacing cladding panels.
The 61-year-old was working for Camclad Contractors Limited, replacing cladding panels on a former abattoir that had been damaged in a storm, when the incident took place at Gaerwen Industrial Estate, Anglesey, on 24 January 2018.
An investigation by the Health and Safety Executive (HSE) found that the work had only been planned from photographs and that no site visit had taken place before starting the work. The dimensions of the building were not known to the contractor. This meant the cherry picker hired to allow safe access to height did not reach all parts of the structure that were to be repaired.
To complete the work, workers had to leave the safety of the cherry picker basket and used boards found on site to work on the fragile roof. It was whilst doing this that slipped and fell through the fragile roof, landing on the concrete floor below.
Employers and those in control of any work at height activity must make sure work is properly planned, supervised and carried out by competent people. HSE has guidance on working at height which includes using the right type of equipment for working at height.
Speaking after the case HSE principal inspector Damian Corbett said: “Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information and instruction to their workers in the safe system of working.
“If the work had been adequately planned, it would have provided a suitable safe system of work and prevented the risk of falls through fragile materials. Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those who fall below the required standards.”
