England | Company fined after load falls and kills cyclist

HSE | A road haulage company in Nuneaton has been fined £90,000 after a metal heat exchanger fell from its lorry killing a cyclist.

A Heavy Goods Vehicle (HGV), operated by JW Morley Transport Ltd, was driving down College Street, Nuneaton on 18 June 2021 carrying four heat exchangers weighing over 10,000kg, when as it went round a bend, the load shifted in the vehicle causing one of the straps securing the load to snap.

This resulted in one of the heat exchangers falling from the lorry, killing 70-year-old Christopher Baker, who was cycling alongside the vehicle.

The HSE’s investigation found that the heat exchangers were inadequately secured on the vehicle, which made the load prone to toppling, and the ratchet straps used to secure the load were in poor condition.

Nina Day, Senior Policy Advisor in the Transport and Public Services Unit of HSE said: “The lorry should not have entered the public road network. At the point it did there was an immediate and likely risk of harm to other road users, pedestrians, and the driver himself. The fatal load shift was due to the grossly inadequate manner of loading and securing the load, and was both foreseeable and entirely preventable.

“If the heat exchangers had each been placed inside a metal or wooden transport frame and secured with a minimum of three webbing straps each, with friction matting between the transport frame and the load bed, the load would not have shifted under normal driving conditions.”

The investigation also found that although the driver was trained in driving Heavy Goods category C he had not received training in load security, which would have equipped him with the means to devise a suitable securing scheme for an unusual and high-risk load like the heat exchangers , nor had he been provided with a securing scheme by JW Morley Transport Ltd.

JW Morley Transport Ltd whose business is based at Sole End Farm Industrial Estate, Astley Lane, Bedworth, pleaded guilty to breaching section 3(1) of the Health and Safety at Work etc Act 1974. They were fined £90,000 and ordered to pay £8,047.55 in costs.

Mr Baker’s widow Rose made a victim personal statement to HSE. She said “June 18 2021 is a date that will forever live in our memories. That was the day we lost my Chris, my husband of over 54 years, my best friend and my soulmate. We did everything together both as a couple and as a family. We have always been a very close family, and it feels that the very heart of it has been ripped out.

“Chris and I had plans for our retirement after working so hard for so many years. Our children and grandchildren were our priority and now that precious time has been taken from them. No amount of words will ever express how we all feel. We are heartbroken, devastated and really don’t think we will ever be the same again”.

This prosecution was brought by HSE enforcement lawyer Edward Parton and paralegal officer Helen Hugo.

— Accurate at time of publication | April 2025

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England | Business owner fined over £12,000 for fire safety violations

Fire Industry Authority | A hospitality business owner has been fined over £12,000 after serious fire safety breaches were discovered during inspections in 2023.

 

Simon Floyd, the owner of The Tree Inn located in Stratton, Bude, has been fined a total of £12,775 after being found guilty of multiple fire safety breaches. The Cornwall Fire and Rescue Service discovered these breaches during inspections of the guest accommodations at his establishment in May and September of 2023.

During their inspections, officials noted several serious violations, including inadequate fire detectors and smoke alarms, and a blocked escape route impeded by an air conditioning unit. Additionally, the premises lacked properly installed fire doors where they were crucially needed.

Following these findings, Floyd faced legal proceedings and admitted guilt to four charges under the Regulatory Reform (Fire Safety) Order 2005 at Bodmin Magistrates’ Court.

The court handed down an £8,000 fine and ordered Floyd to cover full costs of £2,755 along with a £2,000 victim surcharge. Since the initial inspections, all identified issues have been corrected.

— Accurate at time of publication | April 2025

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England | Council fined £6m for multiple failures on Guided Busway

HSE | Cambridgeshire County Council has been fined £6 million after pleading guilty to serious safety failings on its Guided Busway that led to three deaths and multiple injuries over a ten-year period.

The prosecution follows a long and complex HSE investigation, where incidents continued to happen despite regular enforcement action from the regulator.

A guided busway is purpose-built track exclusively for buses to bypass traffic congestion. Three people died after being hit by buses on the network. Jennifer Taylor, 81, died in darkness at an unlit crossing in November 2015. Three years later Steve Moir, 50, was killed after his bike struck a kerb, causing him to fall into the path of an oncoming bus. Kathleen Pitts, 52, lost her life in October 2021. Two young people also suffered serious injuries in separate incidents.

Despite the first fatality in 2015, the council didn’t conduct its first risk assessment until August 2016 – five years after the Guided Busway first opened.

The HSE investigation also found that basic safety measures were missing across the busway including lighting of some crossing points, appropriate speed limits for buses, sufficient measures to separate pedestrians and other users including cyclists from passing buses, and adequate signage warning of dangers.

In a statement, Mrs Taylor’s family: “Jenny was deeply loved by all of us, and we dearly miss her. As a family we would like to thank the HSE for their tireless efforts in bringing this case to court. We hope that the lessons learned will lead to sustained safety improvements and help avoid tragedy, injury and suffering in the future.”

Mr Moir, an active cyclist who coached local youth football and served as a school governor, was thrown into the path of a bus travelling at 56mph after losing control on the narrow maintenance path running alongside the busway.

Mr Moir’s family said: “The loss of Steve has left us devastated and there is now a big hole in our lives that cannot be filled. Steve was a loving, caring family man with a great sense of humour and a zest for life who brought laughter and joy to our lives every day and his presence is deeply missed by us all.”

Following his death, the council reduced the speed limit to 30mph in the area in question, but this failed to prevent the subsequent fatal incident involving Kathleen Pitts in October 2021. Just three weeks after Ms Pitts’ death, a 16-year-old cyclist suffered life-changing injuries at a designated crossing point.

After the hearing, HSE principal inspector Graham Tompkins said: “This is a truly tragic case where three people lost their lives and others suffered serious injuries in incidents that were completely preventable.

“Had Cambridgeshire County Council properly assessed and managed the risks on the Guided Busway from the outset, these deaths simply would not have happened. Even after the first fatality in 2015, the council failed to take adequate action to protect the public. They chose to appeal our enforcement action instead of acting on our concerns and incidents continued to happen.

“Simple measures could have saved lives and life changing injuries. Instead, the council operated this major transport system for almost a decade without many of the basic safety measures we see in every village, town and city being in place.

“The families of those who died have shown remarkable courage throughout this process, and I hope this prosecution brings some measure of closure for them, though nothing can make up for the loss of their loved ones.

“Our risk assessment guidance may be more commonly used for workplaces such as factories and construction sites, but the same principles apply for busy spaces such as major transport infrastructure. The possible risks to people and the movement of passengers, pedestrians and others needs to be thought through.”

Cambridgeshire County Council of New Shire Hall, Emery Crescent, Enterprise Campus, Alconbury Weald, Huntingdon pleaded guilty to two offences under section 3(1) of the Health and Safety at Work etc. Act 1974. The charges related to failing to protect the public both at crossing points and while travelling alongside the busway. The council was ordered to pay a fine of £6 million plus costs.

Summary of key incidents

  • After dark on 17 November 2015, Jennifer Taylor and her husband stepped off a bus at Fen Drayton Lakes and attempted to cross the track to get on another bus towards Cambridge. They did so at the designated crossing. As they crossed the Busway, a guided bus was on the approach. There was no lighting in this area so Mrs Taylor was not visible to the bus driver, who was travelling within the speed limit which was at the time 56mph. By the time Mrs Taylor was in sight of the bus driver, it was too late. She died at the scene.
  • On 13 September 2018, Steve Moir, an experienced cyclist, was cycling along the access road that facilitates maintenance of the guided busway. The space was opened up to the public as a pedestrian pathway and cycle route by Cambridge County Council. Mr Moir was near Clare College’s sports ground when he lost control of his bicycle in busy cyclist and pedestrian traffic. His front wheel struck the raised kerb that separates the guided track and access road. He was flown over his handlebars into the path of an oncoming bus. The bus was travelling within the speed limit set by Cambridgeshire County Council, which was at this time, 56mph. The bus was unable to stop in time to avoid Mr Moir. Mr Moir died at the scene.
  • On 1 May 2019, a then 12-year-old cyclist, was attempting to cross the Busway between Ring Fort Road and King’s Hedges Road when she was struck by a bus and sustained injuries requiring hospital treatment.
  • On 26 October 2021, Kathleen Pitts was walking along the pathway a few hundred meters south Mr Moir’s accident near Clare College’s sports ground. She was next to the southern guided section of the Busway when she was struck by a passing bus and killed. The oncoming northbound bus which hit her had been travelling at the 30mph speed limit which was the revised limit for the that section set by Cambridge County Council after Mr Moir’s death.
  • After dark on 9 November 2021 a then 16-year-old cyclist, was struck and the designated Buchan Street crossing. This left the cyclist with life changing injuries.

Investigation findings

The HSE investigation identified safety management failings within Cambridgeshire County Council for the operation of the Busway for a period of just over 10 years.

These failures related to two distinct risks; members of the public seeking to cross the Busway at designated crossing points and risks to members of the public when they were merely in its vicinity, or seeking to travel alongside it. Despite interventions by the HSE which included two Improvement Notices, Cambridgeshire County Council failed to adequately manage safety on the Busway until late 2021.

The Busway opened in 2011, but it was not until August 2016 after one death and several serious injuries on the Busway, that the first risk assessment was undertaken.

This risk assessment did not adequately assess the risk to members of the public crossing, or being alongside, the Busway. For example, in locations where the Busway was more crowded and where the adjacent access pathway was narrow, congestion was more likely. This would lead to people being jostled or unknowingly deliberately moving into the path of a bus, as in some sections there were no separators such as grass verges, physical barriers or fences to keep them to the access pathway.

Furthermore, Cambridgeshire County Council did not consider other measures to reduce the risk to members of the public, such as speed limits and the provision of lighting and suitable signage.

— Accurate at time of publication | April 2025

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England | Fine handed to power company for unsafe street works

Construction Enquirer | UK Power Networks has been fined £40,000 for carrying out unguarded work on excavations in west London.

 

The prosecution was bought by Kensington and Chelsea Council after officials visited sites in the area.

Council officers visited Adam and Eve Mews and Queen’s Gate Mews in May 2024 to inspect works being carried out by UK Power Networks.

During the inspections officers found operatives working on site with an open excavation and a mini digger and works on a large excavation with an open trench were happening partly outside of a residential property.

On both occasions UK Power Networks Operatives had failed to fully enclose the works area with a continuous barrier system to keep members of the public safe from harm.

The company pleaded guilty at an earlier hearing to charges under the New Roads and Street Works Act and was subsequently sentenced at Westminster Magistrates Court.

— Accurate at time of publication | April 2025

Construction Enquirer | UK Power Networks has been fined £40,000 for carrying out unguarded work on excavations in west London.

 

The prosecution was bought by Kensington and Chelsea Council after officials visited sites in the area.

Council officers visited Adam and Eve Mews and Queen’s Gate Mews in May 2024 to inspect works being carried out by UK Power Networks.

During the inspections officers found operatives working on site with an open excavation and a mini digger and works on a large excavation with an open trench were happening partly outside of a residential property.

On both occasions UK Power Networks Operatives had failed to fully enclose the works area with a continuous barrier system to keep members of the public safe from harm.

The company pleaded guilty at an earlier hearing to charges under the New Roads and Street Works Act and was subsequently sentenced at Westminster Magistrates Court.

— Accurate at time of publication | April 2025

Canada | Chatham constructor fined $85,000 after worker fatality

Ministry of Labour, Immigration, Training and Skills Development | Following a guilty plea in the Provincial Offences Court in Sarnia, John Harris Concrete Ltd. has been fined $85,000 over an October 2022 incident which resulted in a worker being fatally injured while cutting down a tree at a construction project.

The Court heard how one of the company’s five workers was clearing brush and felling trees from the area around a drainage ditch when they were fatally injured by a tree.

An investigation by the Ministry of Labour, Immigration, Training and Skills Development found that while the worker had been trained to operate a chainsaw safely, they were not trained on tree felling.

John Harris Concrete Ltd. failed, as an employer, to provide training on how to safely fell trees to the worker, as required by section 25(2)(a) of the Occupational Health and Safety Act.

— Accurate at time of publication | April 2025

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Australia | Workplace manslaughter fine more than doubled to $3 million on appeal

WorkSafe Victoria | A stonemasonry company which was the first to be convicted under Victoria’s workplace manslaughter laws has been fined $3 million over the death of a worker fatally crushed at a Somerton warehouse.

 

In February 2024, LH Holding Management Pty Ltd, trading as Universal Stone and Marble, was fined $1.3 million with conviction in the Victorian Supreme Court after pleading guilty to a single charge of engaging in negligent conduct that constituted a breach of a duty owed to another person and caused their death.

The company’s sole director Laith Hanna, 48, was also convicted and placed on a two-year Community Corrections Order after pleading guilty to a single charge of being an officer of a company that committed workplace manslaughter, a contravention solely attributable to his failure to take reasonable care.

Following an appeal, the Victorian Supreme Court has set aside the company’s original fine and ordered it to pay a fine of $3 million. An appeal against Hanna’s sentence was dismissed.

In October 2021, 25-year-old subcontractor Michael Tsahrelias died after a forklift being operated by Hanna with a raised load on a sloping driveway tipped over and landed on top of him.

A WorkSafe investigation found it was reasonably practicable for the company to reduce the risk of serious injury or death by ensuring that the forklift was driven with the load as low to the ground as possible, driven in reverse down any slope or incline, only operated when other people were at a safe distance, and not driven across or turned on any slope or incline.

LH Holding Management’s failure to implement these measures was negligent because it was a great falling short of the standard of care that would have been taken by a reasonable person in the circumstances, and it involved a high risk of death or serious injury.

— Accurate at time of publication | April 2025

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Canada | Toronto manufacturing company fined $90,000 for worker safety offence

Ministry of Labour, Immigration, Training and Skills Development | Following a trial in the Ontario Court of Justice in Toronto, Siltech Corporation has been fined $90,000 over a September 2021 incident.

It was found that the company failed, as an employer, to ensure containers were bonded and grounded as required by section 22(4)(b) of Ontario regulation 851, contrary to section 25(1)(c) of the Occupational Health and Safety Act.

The Court heard how, on 8 September 2021, two workers were transferring flammable liquid from a large container into two smaller metal pails. While they were filling the second pail, an explosion occurred, injuring one of the workers and fatally injuring the other.

Section 22(4)(b) of Ontario regulation 851 requires containers and dispensing equipment to be bonded and grounded when flammable liquid is dispensed. This prevents static electricity that could ignite the vapours and cause an explosion.

A Ministry of Labour, Immigration, Training and Skills Development investigation found that the workers had used a plastic hand pump to transfer the liquid. Plastic cannot be bonded or grounded. The investigation found that the metal pails were also not grounded or bonded to the other equipment in the setup.

Though it remains unproven that the cause of the explosion was static electricity, Siltech Corporation still failed, as an employer, to ensure the pails and pump were bonded and grounded as required by as required by section 22(4)(b) of Ontario regulation 851, contrary to section 25(1)(c) of the Occupational Health and Safety Act.

— Accurate at time of publication | April 2025

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England | Fine for waste firm after man run over on his first day of work

HSE | 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.

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 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.

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.

Wheeldon Brothers Waste Limited, of Bury New Road, Bury, Lancashire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974, was fined £250,000 and ordered to pay £4,102.32 in costs.

— Accurate at time of publication | April 2025

HSE | 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.

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 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.

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.

Wheeldon Brothers Waste Limited, of Bury New Road, Bury, Lancashire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974, was fined £250,000 and ordered to pay £4,102.32 in costs.

— Accurate at time of publication | April 2025

England | Plant hire operator fined more than £800,000 over unsafe heavy load

West Midlands Police | A national plant hire operator has been ordered to pay more than £800,000 after being found guilty of moving an abnormal load without proper notification.

In March 2024 during a Multi Agency Road Safety Operation (MARSO) at the NEC near the M42, officers stopped a heavy goods vehicle transporting a large excavator and associated plant equipment.

A movement notification had been submitted by the plant hire operator, but the vehicle was travelling on a different axle than we had been told about.

This affected the vehicle’s weight distribution, and gross weight, which meant the notification was invalid.

The lorry was examined and found to be significantly overweight, as well as longer and wider than allowed.

Due to the change from the notification, no additional safeguarding measures could be put in place to protect road users from the risks of such an oversized and heavy load.

Following an investigation by the Commercial Vehicle Unit, officers worked with the Police Led Prosecution team’s experienced solicitors who specialise in handling complex road safety, to prosecute L Lynch Plant Hire and Haulage Ltd.

The company, based in Hertfordshire, was convicted of three separate offences in court and fined £800,000.

It was also ordered to pay a victim surcharge of £2,000 and costs of £130.

— Accurate at time of publication | April 2025

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Wales | Defence company fined £800,000 after man shot on MoD range

HSE | A defence technology company has been fined £800,000 after an employee was shot during testing of ammunition at a Ministry of Defence (MoD) range in South Wales.

 

The father-of-two was left paralysed below the shoulders after being shot by a 5.56mm bullet fired from a gun, 570 metres away. The incident happened on 25 March 2021 during a NATO ammunition quality assurance trial at the MoD Ranges in Pendine.

The now 42-year-old’s role had been to check the impact of bullets on a metal target and was in front of the target when the bullet was fired.

An investigation by the HSE found QinetiQ Limited had failed to adequately risk assess the trial activity. As a result, they did not have adequate precautions in place to ensure that no one was near the target when the rounds were fired.

Employers are required by law to protect both their employees and others from harm and assessing the risk is just one part of the overall process. HSE guidance is available to explain what steps should be taken.

QinetiQ Limited of, Cody Technology Park, Ively Road, Farnborough, Hampshire pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

The company was fined £800,000 and ordered to pay £8,365 in costs.

— Accurate at time of publication | April 2025

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United States | Roofing contractor to pay penalties over teen worker’s fatal fall

U.S. Department of Labor | The U.S. Department of Labor has reached an agreement with Jamesport roofing contractor John Troyer after a federal investigation determined he violated federal laws, resulting in a teen worker’s fatal fall in March 2023.

The department’s Occupational Safety and Health Administration (OSHA) found that Troyer, owner of Troyer Construction LLP which operates as Troyer Roofing and Coatings, failed to provide workers with required fall protection.

A separate investigation by the department’s Wage and Hour Division found he violated the Fair Labor Standards Act by employing minors illegally in roofing work from May 2022 to June 2023.

Under the agreement, Troyer must pay $290,000, which includes $156,259 in OSHA penalties, $15,000 in child labor penalties, and $118,741 in criminal fines to the U.S. Department of Justice. The company will also enroll in Missouri’s On-Site Safety and Health Consultation Program.

— Accurate at time of publication | April 2025

U.S. Department of Labor | The U.S. Department of Labor has reached an agreement with Jamesport roofing contractor John Troyer after a federal investigation determined he violated federal laws, resulting in a teen worker’s fatal fall in March 2023.

The department’s Occupational Safety and Health Administration (OSHA) found that Troyer, owner of Troyer Construction LLP which operates as Troyer Roofing and Coatings, failed to provide workers with required fall protection.

A separate investigation by the department’s Wage and Hour Division found he violated the Fair Labor Standards Act by employing minors illegally in roofing work from May 2022 to June 2023.

Under the agreement, Troyer must pay $290,000, which includes $156,259 in OSHA penalties, $15,000 in child labor penalties, and $118,741 in criminal fines to the U.S. Department of Justice. The company will also enroll in Missouri’s On-Site Safety and Health Consultation Program.

— Accurate at time of publication | April 2025

England | Firm fined £16k for selling unsafe products

BBC News | A company has been fined £16,000 for importing and selling thousands of heated plates that failed UK safety rules.

The sale of the electrical devices was investigated after a shopper in Colchester raised the alarm. Essex Trading Standards later found the hotplates posed a “serious risk of burning and electrical shock”.

Safa Food 1 Ltd, of Hayes, Middlesex, admitted 10 offences under the Electrical Equipment (Safety) Regulations 2016 and was ordered to pay a further £11,853 in costs at Southend Magistrates’ Court.

The business sold 2,994 hotplates to more than 200 retailers across England, Scotland and Northern Ireland, having imported them from China.

Trading Standards said an officer visited the Colchester shop in May 2023 and noticed several devices had no UK plugs. They seized one of the hotplates and found it was of “poor construction” upon testing. It was later discovered that Safa Food 1 was relying on a Chinese test report that did not cover British electrical safety standards.

Officers also found the company did not react to a complaint from a shop in Rotherham in 2022, which reported a hotplate tripping its electrical system.

During the court hearing, magistrates ordered 69 plates found at the firm’s premises should be destroyed.

Mark Durham, a Conservative at Essex County Council, thanked the “eagle-eyed” shopper for helping to secure a prosecution: “These hotplates presented serious safety risks to the companies and customers purchasing them,” he added.

— Accurate at time of publication | March 2025

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