Health and Safety / Corporate Manslaughter Quarterly Update – Q3 2023

This quarterly update provides a summary of a selection of news stories relating to health and safety investigations and prosecutions, as well as key corporate manslaughter cases, from the period July – September 2023.
 

JULY

HSE data reveals 135 workers killed at work last year

On 6 July 2023, the HSE published its findings on the number of work-related fatalities which occurred in 2022/2023.

In that period, 135 workers lost their lives in work-related incidents in the UK, with the construction (45 deaths), agriculture (21) and manufacturing (15) industries recording the highest fatalities. Falls from height, moving object impacts, and moving vehicle accidents were the top causes of fatal injuries. Although the figure is higher than the previous year (when 123 people were killed at work), it is consistent with levels seen before the Covid-19 pandemic.

Public fatalities from work-related incidents decreased by 20 from the previous year. In addition, 2,268 deaths occurred due to mesothelioma in 2021, a drop from the number in 2020.

Although it is encouraging to see some of the key figures decreasing, the numbers remain relatively high when compared with the number of prosecutions brought. According to the HSE’s 2022/23 annual report, it investigated over 230 fatal incidents and completed 216 criminal prosecutions during that time period. Many of these will of course have dated from previous reporting periods (the HSE completed 86% of its fatal investigations within 12 months of receiving “primacy”).

The HSE emphasises ongoing commitment to workplace safety and awareness, including in relation to asbestos risks through the "Asbestos & You" campaign.

Manufacturing company fined £1 million following serious injury to worker

At Swansea Magistrates’ Court on 13 July 2023, Sofidel UK Limited, a Welsh company specialising in the manufacture of kitchen and toilet paper, pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc. Act 1974 following an incident during which an employee lost an eye. The company was fined £1 million and ordered to pay costs of £13,446.50.

The HSE investigation revealed that Sofidel had not conducted an appropriate risk assessment for paper reel hazards. The company lacked control measures and proper instructions for employees in such situations, despite recurrent occurrences.

The injury arose at the company’s premises in Neath, South Wales, on 5 November 2019. While the employee was working to free a large reel of paper from a factory machine, a crane hook hit him in the face, causing the loss of an eye, multiple fractures and the loss of nine of his teeth.

After the court hearing, HSE Inspector Matthew Gray commented on the necessity of proper risk assessment and safety measures to prevent such incidents from occurring.

AUGUST

Company fined after accident involving rotating saw

Mountfield CNC Ltd, a manufacturing company based in Droitwich, West Midlands, has pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc. Act 1974, following an incident where an employee was left with paralysis from the chest down, having becoming entangled in a machine.

On 4 January 2022 the 65-year-old victim, who has not been named, fractured his neck and was left partially paralysed after he become entangled with the machine’s rotating saw at the firm’s manufacturing site. 

An investigation led by the HSE found that the company had inadequately prevented access to hazardous machine parts. Despite having interlocked guards, these were bypassed, allowing the machine to function without safeguards. According to the HSE, the company had not monitored safeguards to ensure machine tampering could not occur.

On 27 July 2023, Kidderminster Magistrates’ Court issued a fine of £18,000 and ordered the company to pay costs of £3,094.

Network Rail given significant fine after fatal depot accident

A £1.2 million fine has been imposed on Network Rail following the company’s prosecution for the death of an employee during maintenance work. Kevin Mauger, 53, was carrying out work at a Hampshire rail depot when a six-ton section of railway track fatally crushed him.

The incident occurred on 30 November 2020 as Mauger was cleaning a rail-welding machine at the Long-Welded Rail Depot, near Dutton Lane in Eastleigh. The machine is designed to weld two sections of rail track together and houses a conveyor which moves sections of track. According to the HSE, the machine’s conveyor was misconfigured. This meant that a section of track entered the machine whilst Mauger was inside, leading to the fatal accident.

An HSE investigation found Network Rail at fault for insufficient safety measures and an inadequate risk assessment. This was in breach of section 2(1) of the Health and Safety at Work etc. Act 1974. After Network Rail entered a guilty plea, West Hampshire Magistrates’ Court issued a £1.2 million fine and ordered payment of £11,410 in costs, stating the accident could have been prevented with proper safety protocols.

Farm operating company fined after electrocution

On 13 May 2021, Paddy Rice, a father-of-three, was fatally electrocuted by an 11 kV overhead power line while driving a tipper lorry, delivering stone intended to repair farm tracks, at Littlecombe Farm in Crediton, Devon.

An HSE investigation found that VB Farms LLP, which operated the farm, was liable for the accident. According to the HSE, the farm failed to assess the work’s safety and neglected the hazards of working near power lines. This meant that the incident causing Mr Rice’s death, in which the hydraulic arm of the lorry came into contact with the power line, was preventable.

VB Farms was found guilty of breaching Regulations 3(1) and 4(3) of the Electricity at Work Regulations 1989 following a trial at Exeter Magistrates’ Court. On 17 August 2023, the company was fined £60,000 and ordered to pay costs of £11,715.

The HSE says that it is concerned about the UK-wide trend of larger farm machinery being used, which increases the risk of power line contact.

Accident on North Sea oil platform leads to censure and fine

An incident on the Fulmer Alpha North Sea oil platform in September 2017 has resulted in a fine for operator Repsol Sinopec Resources UK Limited.

According to an HSE investigation two contracted employees, Greig Philip Harwood and John Divers, sustained severe injuries when the boom of a 13-tonne crane underwent an uncontrolled collapse. Harwood suffered a fractured jaw, chest lacerations, and psychological trauma, leaving him unable to work in the offshore industry. Divers required counselling after the incident. In addition, the crane reportedly missed crucial oil and gas lines by a small margin, narrowly avoiding a potentially disastrous hydrocarbon release.

The HSE investigation revealed Repsol Sinopec's failure to assess risks, maintain crane systems, and adhere to safe practices. The company pleaded guilty to violating section 3(1) and section 2(1) of the Health and Safety at Work Act 1974, leading to a substantial fine of £535,000. The HSE emphasised that the incident could have been prevented with proper planning and maintenance.

SEPTEMBER

Commercial printer fined after laminating machine incident

Celloglas Ltd, a commercial printing company, pleaded guilty to health and safety breaches which led to an employee's hand being crushed by a laminating machine.

The workplace accident occurred on 25 November 2020 at the company's Leeds site. The worker was attempting to repair the machine when his hand got caught between two rollers. This resulted in soft tissue crush injuries, nerve damage and contact burns to his right wrist. The injuries prevented him from driving for seven months and caused anxiety and PTSD.

An investigation by the HSE found that the machine lacked adequate guarding. In addition, the company had failed to review existing risk assessments or establish a safe work system.

Celloglas admitted breaching section 2(1) of the Health & Safety at Work etc. Act 1974. On 30 August 2023 at Leeds Magistrates’ Court it received a £100,000 fine and an order to pay costs of £5,165.09.

Corporate manslaughter charges laid following the death of a hospital patient

North East London NHS Foundation Trust (NELFT) has been charged with corporate manslaughter following a Metropolitan Police investigation into the death of a 22-year-old patient at Goodmayes Hospital in Redbridge, East London.

NELFT was also charged with breaching section 3 of the Health and Safety at Work etc. Act 1974 (HSWA), which imposes a general duty on employers to ensure, so far as is reasonably practicable, that non-employees are not exposed to risks to their health and safety.

At the same time, Benjamin Aninakwa, who was working as a ward manager at the hospital at the time, was charged with gross negligence manslaughter and an offence under section 7 of the HSWA in connection with the same investigation. Section 7 imposes a duty for all employees, while at work, to take reasonable care for the health and safety of themselves and others who may be affected by their act or omissions at work.

As discussed in more detail in our recent blog post, corporate manslaughter prosecutions are relatively rarely brought, and often difficult to prove. It is even more rare for these prosecutions to be brought against health authorities due to the quantity and quality of evidence required.

Furnace explosion leads to prosecution and £200k fine

On 25 February 2020, an explosion occurred at a commercial furnace in Todmorden, West Yorkshire. Three workers sustained extensive burns while operating the furnace at the site, owned by Weir Minerals Europe Limited, a manufacturing company.

The explosion occurred as the workers were melting steel, likely due to water entering the furnace when adding scrap metal. The workers were burnt on their faces, heads, and backs, with equipment damage also occurring.

The HSE investigated, and concluded that the company was aware of the risks associated with adding wet scrap metal to the furnace. Nevertheless, the company had not adequately implemented and maintained rain protection measures.

The case was heard at Bradford and Keighley Magistrates’ Court. Weir Minerals pleaded guilty to breaching section 2 (1) of the Health & Safety at Work etc. Act 1974, and on 5 September 2023 the company was fined £200,000, with costs of £6,095 to pay.

Waste management company receives total fines of £3m after two fatal accidents

Valencia Waste Management Limited, formerly known as Viridor Waste Management Limited, has been fined £3 million following two separate incidents which resulted in the deaths of two workers, Michael Atkin and Mark Wheatley. The HSE investigated both cases and subsequently brought charges against the waste management firm.

In the first incident, which occurred on 10 October 2019, Michael Atkin died while collecting wastepaper bales, which each weighed 820kg, at the company’s site in Earls Barton, Northamptonshire. He was fatally crushed by falling bales while trying to secure them onto his lorry. The investigation found that proper safety procedures were not followed, as it was not customary for forklift truck operators to load bales onto a lorry at the same time that the lorry driver was securing other bales to the flatbed.

On 17 January 2020, the second incident took place. Mark Wheatley, an agency worker, died at the Dartmoor National Park Conservation Works depot in Devon. He was using a lorry to lift two skips simultaneously, but they were incompatible. This led to a fatal accident when the skips overbalanced and struck him. Valencia Waste Management had failed to conduct a suitable risk assessment and implement safe work practices in this case, according to the HSE.

Both incidents were deemed avoidable by the HSE and it was reported that they had caused immense grief to the victims' families. On 6 September 2023, the waste management company was fined £1 million for the first incident, and £2 million for the second, with combined costs of £21,054. This followed the company pleading guilty to breaches of sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. Both cases were heard at Loughborough Magistrates’ Court.

Company and director fined for putting workers at risk

Associated Metalmasters Limited and its managing director, Darren Spittle, were fined for failing to protect their workers from exposure to welding fumes. The HSE conducted an inspection of the company's former site in Dudley, West Midlands, in October 2021, revealing inadequate precautions in place for controlling the exposure of mild steel welding fumes generated during metal inert gas welding processes. According to the HSE, inhaling fumes of this nature can result in serious health issues such as asthma, pneumonia, and lung cancer.

Despite receiving Improvement Notices from the HSE in 2016 and 2019, which required the company to make improvements to relevant welding process, Associated Metalmasters failed to sustain compliance, reported the HSE. Darren Spittle, who was in charge of the welding process, was aware of these Improvement Notices but failed to implement industry-standard controls, including local exhaust ventilation and respiratory protective equipment, to adequately control the welding fume exposure.

The company pleaded guilty to breaching regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002 and was fined £20,000, along with an order to pay costs of £3,896.30. Darren James Spittle, the managing director, pleaded guilty to breaching section 37(1) of the Health and Safety at Work etc. Act 1974 and was fined £2,000.

HSE takes over investigation into Teeswork double fatality

The HSE has reported that it will be leading the investigation into the double fatality at the Teesworks site which occurred on 19 September 2019.

A joint investigation by the HSE and the Cleveland Police found insufficient evidence to support gross negligence or corporate manslaughter charges; however, the principal inspector at the HSE, John Heslop, made a statement in which he assured the families of the deceased that the criminal investigation into the deaths remains ongoing.

The HSE has also noted that Cleveland Police will continue to support the criminal investigation.

In order for a jury to find a company guilty of corporate manslaughter under the Corporate Manslaughter and Corporate Homicide Act 2007, the prosecutor must have proven that the way in which a company’s activities are managed or organised causes a person's death, and amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.

Gross negligence manslaughter is a common law offence (i.e. it is not found in statute). It is committed where the death of an individual results from a grossly negligent (although otherwise lawful) act or omission on the part of the defendant.

Further Information

For further information on the issues raised in this blog post, please contact Sophie Wood or Úna Campbell.

About the Authors

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.

Úna Campbell is a legal apprentice in the Criminal Litigation team at Kingsley Napley. Úna was the inaugural winner of The Legal Apprentice in 2019, a competition run by Kingsley Napley in association with The Times in which 902 teams from 308 schools and colleges across the UK competed against each other through a series of heats testing pupils’ drafting, negotiation and interpersonal skills.