Health and Safety / Corporate Manslaughter – Q4 2023

This quarterly update provides a summary of a selection of news stories relating to health and safety law investigations and prosecutions in the period October 2023 – December 2023.

OCTOBER

Electrocution of engineer in hospital results in three companies being fined

In December 2017, engineer Craig Stocker tragically lost his life due to electrocution while repairing a macerator at Bishops Wood Hospital in Northwood, Middlesex. The macerator, responsible for food waste disposal in the hospital kitchen, lacked essential safety features, namely an earth wire and a residual current device (RCD) to prevent exposure to electrical current. According to the HSE, the macerator's flawed design by Imperial Machine Company allowed the earthing wire to be ineffective, rendering the equipment permanently live.

An investigation by the HSE further revealed that when McFarlane Telfer installed the macerator in 2013, the company neglected to follow the manufacturer’s instructions, which mandated the fitting of an RCD. BMI Healthcare, operating the hospital, failed to identify the absence of the RCD during routine checks, allowing the machine to operate without this crucial safety component for several years.

After a trial at Southwark Crown Court in October 2023, Circle Health Group Limited (formerly BMI Healthcare) was found guilty of breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £450,000. McFarlane Telfer Limited received a fine of £70,000 after being found guilty of the same breaches. Imperial Machine Company Limited, having pleaded guilty on 2 March 2022 to breaching Section 6(1) of the Act, was sentenced on 3 October 2023 and fined £80,000. AFE Group Limited (trading as Serviceline), Mr Stocker’s employer, was found not guilty.

 

Child suffers fractured skull, resulting in three companies being fined

Three companies have collectively been fined £420,000 following an incident in which a three-year-old girl sustained a fractured skull from a falling slate tile at the Moonfleet Manor hotel in Weymouth, Dorset, on 13 June 2019.

The hotel roof was under renovation by Rocare Building Services Limited at the time. New slates had been hazardously stacked around the roof and had not been properly secured. As a result, a slate fell approximately five meters and struck the child, who was leaving the building after a swimming lesson.

The HSE found that Quadra Built Environmental Consultancy Limited, appointed as the principal designer for the renovation, neglected to assess and manage the risk of falling objects during the planning and design stage. Inadequate collaboration among duty holders further exacerbated the situation. Furthermore, the scaffolding was insufficient, lacking protective measures.

Moonfleet Manor was accused of prioritising guest convenience over safety, ignoring requests to implement safety measures. At Bournemouth Crown Court on 24 October 2023, Rocare Building Services Limited was fined £160,000 and ordered to pay costs of more than £15,000 for breaching Regulation 13(1) of the Construction (Design and Management) Regulations 2015.

Quadra Built Environmental Consultancy Limited was fined £60,000 for breaching Regulation 11(1) of the Regulations, while LFH (Moonfleet Manor) Limited was fined £200,000 and ordered to pay costs of more than £143,000 for breaching Section 3(1) of the Health and Safety at Work etc. Act 1974.

 

Gas safety failures result in suspended prison sentence

Builder Thomas Murray, trading as Kerbgold Design and Construction Ltd, received an eight-month suspended prison sentence for carrying out unqualified gas work during a renovation project in Maidenhead, Berkshire. The project involved substantial gas-related tasks, such as installing a gas boiler and relocating a gas meter. Delays in the project meant it was unfinished when the homeowners to returned in January 2019. Soon after their return, they reported a smell of gas; Mr Murray conducted a test, which showed no leak.

A Gas Safe Registered engineer, called in by the homeowners due to persistent concerns, discovered a gas leak and other faults. Cadent Gas, the property’s gas supplier, had not been informed about the meter relocation. An HSE investigation revealed that although Mr Murray had initially arranged for a Gas Safe engineer to install the boiler, the engineer had left the site prematurely and, in an attempt to provide temporary hot water and heating, Mr Murray took it upon himself to complete some of the tasks. He made a number of errors, including laying external pipework leading to the gas meter to the incorrect depth and using fittings which were suitable only for water pipework.

Murray pleaded guilty to violating Section 3(2) of the Health and Safety at Work etc. Act 1974, receiving a suspended prison sentence of eight months and 250 hours of unpaid work.

 

Fine for bird farm after employee suffers serious burns

Leeds-based Yorkshire Game Farm has been fined £26,680 following a fire in a pheasant rearing shed that caused serious injuries to an employee on 6 May 2020. Leeds Magistrates' Court heard that the worker, installing gas heaters for a new batch of birds, suffered second and third-degree burns when the shed erupted in flames upon lighting the heaters. The employee spent five days in an induced coma and 12 days in the hospital.

An HSE investigation revealed that it was very likely that a gas leak had occurred, and this had led to the fire upon the commissioning of the heaters. The cause of the leak could not be pinpointed due to the destruction of all gas piping within the building, but external gas equipment showed signs of poor maintenance.

Yorkshire Game Farm pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £26,680 and ordered to pay almost £6,500 in costs. The district judge, in sentencing, stated that the accident was waiting to happen and underscored the importance of proper equipment maintenance and operation in preventing such incidents.

 

Country hotel prosecuted following serious accident

Barnsdale Hall Hotel (Resorts) Ltd has been fined £146,700 and ordered to pay £50,000 for costs following a local authority prosecution.

On 24 May 2021, two employees at Barnsdale Hall Hotel were working to remove a loose tree branch using a non-integrated working platform attached to a JCB. The vehicle was parked across a slope. Upon raising the platform, the vehicle tipped over, damaging a car and causing serious injuries to one of the workers, Andrew Veasey.

An investigation carried out by Peterborough City Council on behalf of Rutland County Council found significant deficiencies in the risk assessments, level of training and instruction, safe use of machinery and systems of work implemented by the business.

The company pleaded guilty to a breach of Section 2 of the Health and Safety at Work etc, Act 1974 at Leicester Magistrates Court on 19 September 2023.

 

NOVEMBER

Funfair manager jailed following death of three-year-old girl

An operations manager at funfair company Johnsons Funfair Limited, trading as Bounce About, has been sentenced to six months in jail and disqualified as a director for five years after a three-year-old girl died on a Norfolk beach.

In July 2018, an inflatable trampoline, set up by Bounce About, exploded while two children were playing on it. The younger child suffered fatal head injuries as a result.

An investigation jointly conducted by the HSE and Great Yarmouth Borough Council found that Curt Johnson, on behalf of the company, had imported the inflatable trampoline from China without conducting required testing and certification. The trampoline was put into use without proper review, verification, or testing by a suitable expert. Additionally, there were no proper risk assessments, work procedures or trained staff, some of whom were underage. The company also allowed its inflatables, including the trampoline, to operate without seeking operating instructions from the manufacturer and without proper annual checks and certification under the independent ADIPS scheme.

At Chelmsford Magistrates’ Court on 10 November 2023, Johnsons Funfair Limited pleaded guilty to breaching Sections 6(1A)(a) and 3(1) of the Health and Safety at Work etc. Act 1974 and was fined £20,000 with costs of more than £288,000. Mr Johnson pleaded guilty to offences related to the company’s breaches and received concurrent six-month sentences.

 

Private health provider faces criminal charges

The Priory Healthcare Group has been charged with two criminal offences under the Health and Safety Act 2008 following an investigation by the Care Quality Commission (CQC).

The investigations and charges relate to the death of a mental health patient, Matthew Caseby, who absconded from one of the providers hospitals in Birmingham in September 2020 following his detention by the police under the Mental Health Act. An inquest was carried out and the jury found that Mr Caseby had been inappropriately unattended for several minutes and concluded that his death was contributed to by neglect. According to media reports, the senior coroner “said she remained concerned at record-keeping quality, how risk assessments were completed and the safety of the fence at the hospital.”

The prosecution was brought by the CQC which, according to a Memorandum of Understanding with the HSE, is the lead inspection and enforcement body under the Health and Social Care Act 2008 for safety and quality issues.

The charges faced by the Priory Group are failing to take all reasonable steps to stop a patient from being exposed to avoidable harm, and exposing a patient to a significant risk of harm. Details of the requirements which a service provider must follow in these regards are found in the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, at Regulations 12 and 22(2)(b), respectively.

 

Death of grandfather leads to fines for cider manufacturer

H Weston and Sons Limited, the manufacturer behind Henry Westons Cider, has been fined £1.4 million following the death of Tommy Manns, a grandfather killed on his 65th birthday. Mr Manns, who worked as a farm manager for the company, was driving out of the firm’s site in Ledbury on 28 September 2020, when the end of a security barrier penetrated the van's windshield, fatally crushing him.

An HSE investigation revealed that the company had installed the barrier a month before the incident but failed to conduct a suitable risk assessment. H Weston and Sons also neglected to implement a safe system of work to secure the barrier when open or closed. The company pleaded guilty to breaching Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999 and Section 2(1) of the Health and Safety at Work etc. Act 1974.

As a result, the company was fined £1.4 million at Kidderminster Magistrates’ Court on 30 November 2023.

 

Farmer fined following cow attack

In the summer of 2022, a retired chartered surveyor, Patrick Atherton, faced a life-threatening attack by cows while walking his dog on a public footpath in Devon. Mr Atherton and his dog were walking near Birdcage Farm, Ottery Saint Mary, on 12 June 2022. Though Mr Atherton had kept the dog, a border collie named Lad, on a lead due to the presence of two young calves in the field, a black cow charged at them aggressively, causing Mr Atherton to fear for their lives.

The traumatic incident involved seven cows and only ceased after someone called the cows leading to their retreat to the farm. Mr Atherton suffered cuts and bruises, and Lad, severely injured, required veterinary medication until he died in September 2023.

The HSE’s investigation revealed that cattle with young calves, known for their protectiveness and unpredictability, had been placed in a field with a public right of way, contrary to guidance. Such situations pose risks to walkers, especially those with dogs.

Farmer John Hallett pleaded guilty at Exeter Magistrates’ Court to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974. On 24 November 2023 he was fined £2,000 and ordered to pay £4,500 in costs.

 

Cradle plunge from nine floors injures two

Two construction workers narrowly escaped a fatal accident when a defective cradle, positioned at the ninth level of a residential tower under construction in London, fell about 90 feet on 4 June 2020. Marcel Botnaru and Radu Baracu were in the cradle when it rolled off the end of its support beams, due to incorrectly sized end-stops. The cradle then fell to the ground. Mr Botnaru suffered six broken ribs and a punctured lung, while Mr Baracu was off work for six weeks.

Zarafa Height Solutions Limited, the manufacturer of the support beams, and Giraffe Access Company Limited, responsible for installing the cradle and beams at the site, were fined a total of £240,000 at Croydon Magistrates’ Court on 10 November 2023. The HSE investigation revealed that Zarafa Height Solutions had failed to ensure the safety of the support beams leaving their factory in Grantham. Meanwhile, Giraffe Access Company failed to identify the defects during safety checks before commissioning.

Both companies, part of the Zarafa Group, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act. They were each fined £120,000 plus costs.

 

DECEMBER

£125,000 fine imposed on care home following teenager’s death

A Bristol care home, Alexandra House, has been fined £125,000 following an HSE investigation after the murder of a resident on 12 October 2014.

Jason Conroy strangled 18-year-old fellow-resident Melissa Mathieson, and was jailed for life following a trial in 2015. Mr Conroy had a history of violence, having previously strangled a school staff member.

Although Alexandra House was aware of this history of violence, it did not have suitably trained staff in sufficient numbers or inform them adequately of the risks posed by Conroy, said the HSE. Additionally, Conroy was inadequately monitored, and there were insufficient safety measures in place, particularly at night.

Alexandra Homes (Bristol) Limited, which runs Alexandra House, pleaded guilty at Bristol Crown Court to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999. The company was fined £125,000, and ordered to pay costs of £41,000.

 

Construction company faces fine for neglecting provision of essential facilities

Cheshire-based construction company C.B. Homes Limited has received a £5,000 fine after it neglected to provide adequate welfare facilities for its workers at a site on Bunbury Lane, Alpraham, according to the HSE.

An HSE inspection on 23 March 2023 revealed a lack of facilities for workers to wash their hands, marking the fourth occasion the company faced enforcement action for such failures. The HSE served an improvement notice, which the company eventually complied with.

C.B. Homes Limited pleaded guilty to breaching Regulation 13(4)(c) of the Construction (Design and Management) Regulations 2015. Chester Magistrates’ Court subsequently imposed the fine along with an order for costs of £1,984.

 

Grandfather injured on North Sea gangway leads to fines for offshore companies

On 14 December 2023, Shell and Ampelmann Operations were fined more than £1.2 million following an HSE prosecution after an offshore worker sustained foot injuries while walking along a gangway over the North Sea.

The incident occurred off the Norfolk coast in October 2017. Worker Martin Hill, who was 63 at the time, was being transferred from the Kroonborg support vessel to Shell’s Galleon PG offshore gas rig in adverse weather conditions, in violation of safety protocols, said the HSE.

A motion-compensated gangway, designed to provide a stable pathway for transfers between ships and rigs, was being used. However, such gangways require proper lighting and telescoping adjustments. The HSE investigation revealed Shell had provided inadequate lighting, and its relevant instructions for staff were inconsistent and confusing. There were also inadequacies in the design and operation of Ampelmann’s gangway, leading to a lack of protection against entrapment risks.

As a result, Mr Hill’s feet became trapped as the gangway telescoped together, resulting in severe and long-lasting injuries.

Shell U.K. Limited was fined £1,031,250, having pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was also ordered to pay costs of £247,000. Ampelmann Operations (UK) pleaded guilty to breaching Section 3(1) of The Health and Safety at Work Act 1974, receiving a fine of £206,250 and an order to pay costs of £247,000.

 

Farm fined following fatal attack by cattle

Another farming business has been penalised following an incident involving cattle on a public right of way.

The incident occurred on 3 April 2016 when Marian Clode was walking with her family on a public bridleway in Northumberland. According to the HSE, J M Nixon & Son, of Swinhoe Farm in Belford, decided to move a large group of cows and calves along the bridlepath. They had not put in place effective precautions including signage and lookouts.

Due to the undulating terrain, the walkers did not see the cattle until they were very close. Ms Clode was unable to escape in time and was attacked by the lead cow, sustaining fatal injuries.

On 15 December 2023, the business pleaded guilty at Newcastle Crown Court to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and was fined £72,500.

 

Offshore drilling firm penalised for crane boom collapse

North Sea offshore drilling company Rowan Drilling (UK) Limited has been fined £130,000 following a catastrophic collapse of the Rowan Gorilla VII’s crane boom.

The incident occurred on 31 March 2016, as staff prepared to recover a faulty submersible pump. The crane boom failed catastrophically, with three of the four boom sections falling into the sea between the rig and a supply vessel, damaging it and causing a hose to rupture.

According to a press release, inspectors from the HSE deemed the incident an “accident waiting to happen” and found that the company had not checked the setting of a limit switch designed to prevent mechanical failure of the crane boom.  

Although no injuries were reported, the HSE highlighted the serious risks involved and emphasised the importance of maintaining and testing safety mechanisms to prevent such incidents.

Rowan Drilling (UK) Limited pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974, and was fined £130,000 by Aberdeen Sheriff Court on 21 December 2023.

 

About the authors

Úna Campbell is a legal apprentice in the Criminal Litigation team at Kingsley Napley. Úna’s is currently in her fourth year at the University of Law, London, where she is working towards a Level 7 Solicitor Apprenticeship. Her apprenticeship at Kingsley Napley has enabled her to work across a range of disciplines and she is now greatly enjoying her work within the criminal litigation practice.

Sophie Wood is a Legal Director in the Criminal Litigation team with extensive experience in advising corporate and individual clients involved in a wide range of internal, criminal and regulatory investigations. Sophie has acted for individuals and companies involved in investigations brought by the Environment Agency, Health and Safety Executive and local authorities, and is a member of the firm’s cross-practice Health, Safety and Environment Group.