Scotland | Company fined after worker dies at wind farm construction site

An engineering company has been fined after a labourer died during the construction of a wind farm on the Shetland Islands.

Liam MacDonald, from Tain, Ross-shire, lost his life on the morning of 5th June 2022 while removing dried concrete from a skip at the Viking site on Upper Kergord.

Mr. MacDonald, an agency worker who had started working on the site just over a month earlier on 4 May 2022, had been using a hammer to chip away the concrete when the skip’s bale arm fell on top of him.

The 23-year-old was found motionless with the skip’s bale arm pinned against his chest, which led to an alarm being raised at the site.

Colleagues subsequently performed CPR on Mr. MacDonald, before administering a defibrillator, but he was sadly pronounced dead at the scene by the emergency services.

Jackie Randell, the investigating inspector from the HSE, found the principal contractor BAM Nuttall failed to secure the bale arm from falling.

The HSE investigation found the company had failed to identify the risks of the bale arm falling and failed to put in place a safe system of work to ensure that anyone using, maintaining or cleaning the skip would be protected from harm

BAM Nuttall Limited, of Knoll Road, Camberley, Surrey, pleaded guilty to breaching Section 2(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974. The company was fined £800k with a £60k victim surcharge at Inverness Sheriff Court on 18 December 2024.

Jackie Randell said: “This was a tragic incident which led to the death of a young man. Our thoughts remain with Mr MacDonald’s friends and family at this time.

“BAM Nuttall had failed in its duty to ensure the safety of their workforce. This prosecution should serve as a reminder for all contractors to implement suitable risk assessments and safe systems of work.

“We thoroughly investigated this incident, with our findings identifying that BAM Nuttall had failed in its duty to ensure the safety of their workforce. This prosecution should serve as a reminder for all contractors to implement suitable risk assessments and safe systems of work.

“Up to date safety information provided by manufacturers of work equipment must be reviewed as part of this risk assessment process. It is of crucial importance that safety information from manufacturers is highlighted to the workforce and rigorous monitoring is carried out to ensure that everyone is kept safe.”

Wendy Robson, Mr. MacDonald’s mother, said: “Liam loved life, his family and friends. He was just at the start of his adult life, still finding who he was, and full of hopes and dreams.

“We have been robbed of having Liam here today, and in all our tomorrows, and in sharing those dreams with him. We will never meet the children he so wanted to have one day.

“We can’t adequately describe who Liam was, and what he means to us. We love and miss him beyond words.”

Debbie Carroll, who leads on health and safety investigations for the Crown Office and Procurator Fiscal Service (COPFS) said: “The death of Liam MacDonald could have been prevented if BAM Nuttall Limited had suitably and sufficiently assessed the risks involved in the maintenance and cleaning of the concrete column skip at the site.

“Their failure to identify the hazards represented by the skip’s bale arm and ensuring that it was secured prior to the cleaning operation beginning led to Mr MacDonald’s death.

“My thoughts are with his family and friends at this difficult time.”


— Accurate at time of publication | January 2025

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United States | Crane company to pay $42.6 million for Clean Air Act violations

The Environmental Protection Agency (EPA) and Department of Justice have announced a settlement agreement with Manitowoc Company, Inc., and two of its subsidiaries, Grove U.S. L.L.C., and Manitowoc Crane Group Germany GmbH (collectively, “Manitowoc”) for violations of the Clean Air Act’s mobile source emission standards regulations.

The settlement agreement requires Manitowoc to pay a civil penalty of $42.6 million and resolves allegations that the company imported and sold heavy non-road cranes with diesel engines that were not certified to meet applicable Clean Air Act emission standards, and violated related Clean Air Act regulatory requirements, which resulted in the release of excess carcinogenic diesel exhaust containing nitrogen oxides (NOx) and particulate matter.

As part of the agreement, Manitowoc will undertake a project to mitigate harm from the alleged unlawful emissions by retrofitting a short-line locomotive currently in service in the Sparrows Point, Maryland, area. This area is near the Port of Baltimore where Manitowoc had imported cranes with the illegal engines. The pathway of the 70 miles of track includes areas with underserved and overburdened communities. Reducing NOx and particulate matter emissions around the track will improve surrounding air quality.

Retrofitting of the locomotive includes removing, destroying, and replacing the locomotive’s old engine, which was manufactured before locomotive emission standards were in place, with a new engine equipped with present-day emission controls.

The complaint alleges that between 2014 and 2018, Manitowoc imported or introduced into U.S. commerce and sold non-road cranes with at least 1,032 diesel engines that were not covered by EPA-issued certificates of conformity. Many of the engines also did not qualify for a limited exemption. Manitowoc also failed to comply with Clean Air Act labeling, bonding, and reporting requirements.

The proposed consent decree, lodged in the U.S. District Court for the Eastern District of Wisconsin, is subject to a 30-day public comment period and final court approval.


Accurate at time of publication | January 2025

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Canada | Tightening workplace harassment laws

Recent legislative changes across Canada are raising the bar for workplace harassment and violence prevention, calling for immediate action from employers.

Speaking at the OHS Law Masterclass, labor and employment lawyer Justine Abtosway highlighted key updates and their implications for safety professionals.

Key changes by province include:

  • Quebec – Bill 42 requires employers to implement detailed psychological harassment prevention policies, addressing risks, confidentiality, and training. Employers in Quebec have an expanded obligation to stop harassment from any source, including clients and third parties.
  • Saskatchewan – Bill 91 mandates workplace violence prevention policies and post-incident counseling. Employers must now identify risks, provide training, and document all incidents.
  • Nova Scotia – Bill 464 broadens workplace safety to include psychological health. All employers must have harassment prevention policies by September 2025.
  • Ontario – Bill 190 expands harassment definitions to include virtual interactions, like those occurring via email or social media.

Safety professionals are advised that they should act now to:

  • Revise policies – ensure harassment policies include digital interactions and telework.
  • Train employees – equip staff with tools to recognise and respond to harassment.
  • Investigate diligently – employers have a duty to investigate incidents, even without formal complaints.
Canadian Occupational Safety
Accurate at time of publication | January 2025

Recent legislative changes across Canada are raising the bar for workplace harassment and violence prevention, calling for immediate action from employers.

Speaking at the OHS Law Masterclass, labor and employment lawyer Justine Abtosway highlighted key updates and their implications for safety professionals.

Key changes by province include:

  • Quebec – Bill 42 requires employers to implement detailed psychological harassment prevention policies, addressing risks, confidentiality, and training. Employers in Quebec have an expanded obligation to stop harassment from any source, including clients and third parties.
  • Saskatchewan – Bill 91 mandates workplace violence prevention policies and post-incident counseling. Employers must now identify risks, provide training, and document all incidents.
  • Nova Scotia – Bill 464 broadens workplace safety to include psychological health. All employers must have harassment prevention policies by September 2025.
  • Ontario – Bill 190 expands harassment definitions to include virtual interactions, like those occurring via email or social media.

Safety professionals are advised that they should act now to:

  • Revise policies – ensure harassment policies include digital interactions and telework.
  • Train employees – equip staff with tools to recognise and respond to harassment.
  • Investigate diligently – employers have a duty to investigate incidents, even without formal complaints.
Canadian Occupational Safety
Accurate at time of publication | January 2025

United States | Utility company ordered to pay $61 million to mitigate effects of illegal emissions at power plant

The U.S. District Court for the Eastern District of Missouri has entered an order requiring Ameren Missouri to spend $61 million on projects intended to mitigate violations of the federal Clean Air Act (CAA), including 14 years of unpermitted excess emissions of sulfur dioxide (SO2). This order resolves years-long litigation between the parties.

Under the terms of the order, which were jointly proposed by Ameren, the Sierra Club, and the U.S. Department of Justice (DOJ) on behalf of the U.S. Environmental Protection Agency (EPA), the electric utility will spend $25 million to provide vouchers for approximately 125,000 predominantly low-income, eastern Missouri households to purchase high efficiency particulate air (HEPA) filters designed to improve household air quality.

The remaining $36 million will be spent on helping St. Louis school districts switch to zero-emission, all-electric school buses. In the event that certain benchmarks are not met when implementing the filter and electric school bus projects, Ameren will implement a third project funding weatherisation and energy efficiency upgrades in the St. Louis metro area.

EPA alleged that Ameren, the largest coal-fired power producer in Missouri, operated in violation of the CAA for years when it failed to install air emission controls at its Rush Island power plant, southeast of Festus, Missouri. In 2011, DOJ filed a complaint against Ameren in the Eastern District of Missouri. In 2017, the Court ruled in favor of the United States, finding that Ameren had violated the CAA.

In 2019, the Court ordered Ameren to come into compliance with the CAA at the Rush Island plant by installing controls to lower SO2 emissions and to mitigate its years of illegal pollution by installing emissions controls at another Ameren plant in nearby Labadie, Missouri.

On appeal, the 8th Circuit Court of Appeals upheld the order to install controls at the Rush Island plant but remanded the decision regarding mitigation at Labadie to the District Court. However, instead of installing the controls at Rush Island, Ameren announced it would shutter the plant and did so by court order in October 2024.

This agreement represents the resolution of the case on remand from the 8th Circuit and addresses the outstanding mitigation owed by Ameren to the public from its CAA violations and 14 years of illegal excess emissions from the Rush Island plant.

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USA | Chemical manufacturer to pay $1.3 million penalty after 2019 plant explosion

Chemical products manufacturer AB Specialty Silicones LLC will pay $1.3 million in penalties after an explosion and fire at its Waukegan plant in May 2019 claimed the lives of four workers.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) reached a settlement agreement with the company after an investigation revealed AB Specialty Silicones failed to ensure electrical equipment complied with OSHA standards.

The company also used propane-powered forklifts to transport flammable liquids in areas where employees handled flammable liquids and gases.

As part of the agreement, the company has temporarily ceased production and use of silicon-hydride emulsions at all facilities until a new process area for production is designed by an engineering firm.

The Administrative Law Judge overseeing the case before the Occupational Safety and Health Review Commission accepted the parties’ notification of settlement and terminated proceedings.

As part of the agreement, AB Specialty Silicones agreed to do the following:

  • Develop a company-wide safety and health management system, implement an emergency action plan, and conduct evacuation drills.
  • Provide safety training to employees and offer it in all languages understood by employees.
  • Require specialty training for management on handling flammable materials.
  • Purchase industrial trucks properly rated for handling flammable materials for all facilities.
  • Perform comprehensive audits of its occupational health and safety management system certification and maintain at all facilities.
  • Hire third-party consultants to assist with the analysis of electrical classification and hazards for any future or rebuilt facilities and audit those facilities six months after the start of operations.
  • Allow OSHA to periodically inspect facilities without requiring a warrant.

AB Specialty Silicones will pay the penalty in 12 quarterly installments through 1 September 2027. If a payment is missed, the entire penalty becomes due immediately.

This is valid as of the 14th October 2024.

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USA | Company to pay $5.5 million penalty and upgrade facilities in Utah to resolve Clean Air Act violations

The U.S. Environmental Protection Agency (EPA) and the Department of Justice have announced a more than $16 million settlement with Ovintiv USA Inc. resolving Clean Air Act violations at the company’s oil and gas production facilities on the Uintah and Ouray Reservation in Utah and Utah state lands.

The settlement requires Ovintiv to pay the United States and the state of Utah a civil penalty of $5.5 million.

It also requires Ovintiv to implement extensive compliance measures to achieve major reductions in pollutants emitted from 139 of its facilities across the state.

The settlement resolves a civil suit, filed jointly by the United States and the state of Utah, alleging that Ovintiv failed to comply with federal and state requirements to capture and control air emissions and comply with inspection, monitoring, and recordkeeping requirements from 22 of its oil and gas production facilities in the Uinta Basin.

These violations resulted in illegal emissions of volatile organic compounds (VOCs), which contribute to asthma and increase susceptibility to respiratory illnesses. Additionally, greenhouse gases, including methane, were released in large quantities, contributing to climate change.

Along with the civil penalty, the settlement requires Ovintiv to take corrective action and mitigation projects estimated to cost over $10 million at 139 of its facilities that will eliminate over 2,000 tonnes of VOC emissions annually. It will also eliminate methane emissions equivalent to a reduction of over 50,000 tonnes of carbon dioxide emissions annually, a reduction similar to taking nearly 13,000 gas powered cars off the road each year.

The settlement requires Ovintiv to invest in extensive compliance measures for the proper design of Ovintiv’s oil and gas facilities to capture all VOC emissions and send the emissions to an appropriate control device. Compliance measures also include periodic infrared camera inspections, enhanced maintenance requirements, and installation of storage tank pressure monitors at many facilities.

The settlement is part of EPA’s National Enforcement and Compliance Initiative, Mitigating Climate Change. This initiative focuses, in part, on reducing methane emissions from oil and gas and landfill sources. Like all of EPA’s national enforcement initiatives, this initiative prioritises communities already overburdened by pollution and other potential environmental justice concerns.

The complaint and proposed consent decree were filed in the U.S. District Court for the District of Utah. The consent decree is subject to a 30-day comment period.

This is valid as of the 7th October 2024.

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USA | Animal food plant found to have exposed workers to explosion, fire, and respiratory hazards

Federal workplace safety inspectors found a Wisconsin animal food producer exposed employees to the risks of explosions, fires, and long-term respiratory illnesses from excessive amounts of airborne dust, among two dozen safety and health violations they identified.

The findings follow an inspection by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) at Strauss Feeds LLC of Watertown in February 2024 after the agency received complaints of unsafe working conditions.

OSHA inspectors found the company’s poor housekeeping, its failure to evaluate spaces for dust hazards, and an absence of engineering controls to reduce dust, created serious combustible and airborne dust hazards. The agency also determined Strauss Feeds did not develop a written respiratory protection programme that includes medical evaluations, fit-testing, monitoring, and training workers to recognise dust hazards.

OSHA also noted workers were exposed to hazards from walking and working surfaces, falls, confined space, and the operation of industrial trucks and forklifts when combustible dust hazards were present, increasing the risks of fire and explosion.

Inspectors cited Strauss Feeds for 19 serious and five other-than-serious safety and health violations. OSHA has assessed the company $161,332 in proposed penalties.

This is valid as of the 23rd September 2024.

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England | Construction company fined after fatal fall

A grandfather died after falling through a hole in his own bathroom that had been left by workers. Kenneth Armitage landed on the kitchen floor below, in an incident his daughter Suzy said “should never have happened.”

The bathroom in Mr Armitage’s house on Whitestone Drive in Huntington, York had been getting converted into a wet room by construction company Cooper and Westgate.

The company had removed the room’s floorboards as it accessed pipework but left an unguarded hole in the floor on 8 February 2019. The 81-year-old later fell through the hole and was found dead by his son-in-law the following evening on 9 February.

Investigating, the HSE found Cooper and Westgate failed to adequately secure the hole as its employees were not properly trained. The company had also failed to undertake a suitable and sufficient risk assessment, nor a method statement for the work involved.

Cooper and Westgate Co. Ltd, of Navigation Court, Calder Park, Wakefield, West Yorkshire 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 £150,000 and ordered to pay £50,000 in costs.

HM inspector of health and safety Yolande Burns-Sleightholme, of HSE, said: “Employers need to fully assess and control the risks from work at height, caused by creating holes in domestic properties and recognise the importance of securing them effectively. They should then pass this knowledge on to their employees through suitable training and guidance.

“This incident could so easily have been avoided had Cooper and Westgate properly assessed the risks, put in place safe working practices and provided the correct training to its employees.”

Kenneth’s daughter, Suzy, said: “Our dad, who was sadly taken away from us, was everything to us. He was the kindest person you could ever meet.

“He was a fantastic dad to me, my brother and a loving grandad to all our children. I can’t believe he has gone, I keep thinking it’s a horrible nightmare and I will wake up and he’ll be there. Our hearts were broken that day and may never heal. It should have never happened.

“We are all still struggling to come to terms with losing him.”

This is valid as of the 23rd September 2024.

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Firm failed to protect against electrical safety risks

A car wash firm in Devon has been fined £40,000 after it repeatedly failed to protect workers and members of the public from electrical safety risks.

HSE Investigators carried out multiple visits to Best Car Wash Ltd in Tavistock between July 2021 and November 2022. They found employees were carrying out car washing outdoors, using electrical appliances such as pressure washers and vacuum cleaners. However, the company had failed to ensure the installation had been constructed or maintained to prevent danger to both the employees and members of the public. As a result of the electrical hazards identified, the company was issued with five enforcement notices.

Despite the notices, subsequent visits found they had not been complied with and it wasn’t until April 2023 that a competent person inspected, tested and repaired the installation.

The HSE investigation found the failure of the employer to comply with the initial notice resulted in electrical safety risks to the vulnerable workers persisting for longer.

Best Car Wash Ltd of Plymouth Road, Tavistock, Devon did not provide representation at Plymouth Magistrates’ Court and were found guilty in their absence of breaching Section 3(1) of the Electricity at Work Regs and Reg 33 (1)(g) of the Health and Safety at Work etc Act 1974.

They were fined £40,000 and ordered to pay costs of £3,164 on 6 June 2024.

Speaking after the hearing, HSE Principal Inspector Helena Allum said: “We can and will prosecute if companies fail to comply with enforcement notices.

“Those in control of work have a responsibility to ensure safe methods of working. The dangers associated with electricity in a work environment are well known and a wealth of advice and guidance is freely available from HSE.”

This is valid as of the 17th June 2024.

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Construction company fined £2.345m after worker drowned

A construction company has been fined following the death of a worker. Gary Webster lost his life two days after drowning in the River Aire on 30 October 2017.

Mr Webster and another worker had been on a boat removing debris at the bottom of the weir gates at Knostrop Weir when their boat capsized. The boat had been pulled into turbulent water, caused by the considerable flow of water flowing over the top of the weir.

The 60-year-old was repeatedly pulled under the water and was eventually recovered by a diver 14 minutes later. The other worker managed to swim to safety.

Mr Webster was pronounced dead on 1 November 2017 at Leeds General Infirmary.

Investigating, the HSE found BAM Nuttall Ltd had several operatives who were trained and authorised to control the weir gates so that the flow of the water could be slowed down. This would have allowed the debris to float away or be reached safely by boat. However, the company failed to carry out this task.

BAM Nuttall Limited, of Knoll Road, Camberley, Surrey, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £2.345 million and ordered to pay £25,770.48 in costs.

HSE inspector Jayne Towey said: “BAM Nuttall Ltd failed to plan the work. It failed to carry out any assessment of the risks involved with the task. It failed to have any regard to the recognised hierarchy of controls to reduce the risk associated with removing debris from the water. It failed to ensure that suitable safety measures were in place and failed to put in place a safe system of work.

“This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.”

This prosecution was brought by HSE enforcement lawyer Jonathan Bambro and supported by HSE paralegal officer Sarah Thomas.

This is valid as of the 17th June 2024.

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Recycling company fined after workers exposed to wood dust

The long-term health of workers at a wood waste recycling centre was put in danger due to excessive exposure to the dust their work created, a Health and Safety Executive (HSE) prosecution has found.

Esken Renewables Limited, a waste and recycling company that specialises in generating biofuel from renewable waste, ran a wood waste recycling centre in Middlesborough that processed mixed wood waste, hardwood, and softwood into biofuel.

Breathing in wood dust excessively can cause asthma and nasal cancer. In particular, dust from softwood wood dust is a known asthmagen while particles from hardwood are a known carcinogen.

A HSE inspector visited the site in April 2022 to investigate the dust exposures on the site. A few weeks earlier, concerns had been raised about wood dust spreading to the surrounding area. The inspector wrote in detail to Esken Renewables with evidence demonstrating the extent of the wood dust exposure to staff, so that the right action could be taken by the company to control the risks.

The company provided a detailed response, and it was accepted that exposures to the surrounding area was in large part due to four storms in quick succession.

However, the HSE investigation found that the control of wood dust to protect employees working on and around the site was not adequate and fell short of the expected benchmark.

The company failed to design and operate processes and activities to minimise emission, release, and spread of wood dust. One solution would be through the use of local exhaust ventilation, the enclosure of machinery, or the designing of the processes such as using vacuum systems as opposed to compressed air for cleaning and maintenance.

Esken Renewables Limited, who operated the site at Port Clarence Road, Port Clarence, Middlesbrough, pleaded guilty of breaching Regulation 7(1) of the Control of Substances Hazardous to Health (COSHH) Regulations 2002 and were fined £160,000 and ordered to pay £5,310.35 in costs at Teesside Magistrates’ Court on 23 May 2024.

This is valid as of the 3rd June 2024.

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Suspended sentence for illegal dumping on flood plain

A North Yorkshire man has received a suspended prison sentence for the illegal deposit of waste on the River Swale flood plain.

In a case brought by the Environment Agency, Phillip Taylor, 70, of Scornton, near Richmond, appeared at York Magistrates’ Court, where he pleaded guilty to operating an illegal waste activity and an illegal flood risk activity by depositing over 2,400 tonnes of excavation waste within the flood plain.

Taylor was sentenced to 12 weeks in prison, suspended for 12 months, and was served with a court order to remove the waste to reduce flood risk. He was also ordered to pay costs of £9,500 and a victim surcharge of £115.

The court heard that in 2017 and 2018 excavated waste was transported to land known as the Catterick Complex from nearby housing developments, unbeknown to the house builders. The waste was tipped beside the river to form unauthorised flood defences to protect commercial fishing lakes owned by Taylor.

The downstream village of Catterick flooded in 2012 and has since benefitted from a £6 million Environment Agency (EA) flood alleviation scheme.

The EA regulates works near main rivers, and their flood plains, to ensure that any changes do not increase flood risk to others or damage important riverside habitats.

The illegal dumping of excavation waste at the Catterick Complex could displace or deflect flood water elsewhere, increasing flood risk. Taylor refused to remove the waste when directed by the EA.

Paul Glasby, the Environment Agency’s investigating officer, said: “Due to climate change flooding is becoming more frequent and severe and it’s important that landowners and businesses are aware of the legal restrictions for working in or near main rivers. Before doing so they must first gain authorisation from the EA so we can ensure that changes do not increase flood risk to others or damage the environment.

“Taylor showed a blatant disregard for the law and the community around him. Building unauthorised flood defences or conducting unauthorised works in a flood plain is a serious criminal offence and we are determined to take action to protect flood prone communities and the environment.”

During sentencing, Deputy District Judge Garland said Taylor was given repeated warnings and told him: “It’s clear that there was a deliberate disregard for the rules in the way you went about your business, creating a potential risk.”

The company which transported the waste to the Catterick Complex, Greenford Haulage and Aggregates Ltd, has previously been subject to an Enforcement Undertaking, donating £30,000 to Yorkshire Dales Rivers Trust.

This is valid as of 29th January 2024.

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