Drayton Manor Park Ltd (in administration) has been sentenced following the death of a schoolgirl on its Splash Canyon water ride in 2017.

Stafford Crown Court heard how, on the 9 May 2017, 11-year-old Evha Jannath was on a school trip when she fell out of a raft on the Splash Canyon water ride into the ride’s water trough. She was able to wade to the conveyer belt at the end of the ride and climb onto it, but then fell into a section of deeper water and drowned.

An investigation by the Health and Safety Executive (HSE) found the risk assessment in place was not suitable and sufficient as it did not properly assess or address the risk of passengers being ejected/falling from the raft, despite previous similar incidents. There were inadequate control measures in place to detect a person in the water as the CCTV covered only half the ride and the CCTV monitors were not suitable for observing passenger behaviour appropriately. In addition, there was no system at the park to rescue anyone who had fallen into the water.

Drayton Manor Park Ltd (in administration), Tamworth, Staffordshire pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and was fined £1 million.

Drayton Manor Park has changed hands since the incident and is now owned and operated by Drayton Manor Resort Ltd.

Speaking after the hearing, HSE Principal Inspector Lyn Spooner said: “As a result of Drayton Manor’s failings 11-year-old Evha Jannath, died at the end of what should have been a fun day out.

“The risks from ejection from the raft had been evident to Drayton Manor for some time, yet they still failed to take the action that could have prevented Evha’s death.

“This tragic event should never have happened and my thoughts and the thoughts of HSE remain with Evha’s family and friends.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk
2. More about the legislation referred to in this case can be found at: legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk
4. HSE enforces health and safety legislation at fairgrounds and theme parks across Great Britain.  Safety at fairgrounds and theme parks also involves a range of duty holders and stakeholders working together. This includes;

• ride owners and controllers
• ride designers, manufacturers, importers
• ride inspection bodies
• industry trade associations and representatives.

5. HSE has designated a number of trained inspectors throughout the UK to be part of the National Fairground Inspection Team (NFIT).

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Two construction companies have been sentenced following an incident were a working platform failed and a bricklayer using the platform was injured.

Durham Crown Court heard how, on 1 July 2019, Dere Street Homes Limited were acting as principal contractor and provided components for a proprietary polypropylene working platform at a new build at Marley Fields, Wheatley Hill, County Durham. SGS Construction & Design Limited were acting as a contractor and supplied workers to erect the working platform. The working platform failed and a worker was injured.

An investigation by the Health and Safety Executive (HSE) found that a number of components were missing from the working platform. Although previously workers supplied by SGS were formally trained in the erection of the components to form a safe working platform, the worker who erected the failed platform had not received adequate training. The signing off as a safe working platform had earlier been undertaken by a site manager working for Dere Street Homes. When this manager left, a number of months prior to the incident, the inspection and signing off of the working platform was no longer undertaken.

Dere Street Homes Limited of The Farm House, Hedley Hill Farm, Cornsay Colliery, County Durham pleaded guilty to  breaching Regulation 13(1) of the Construction (Design & Management) Regulations and was fined £38,000 and ordered to pay costs of £5,367.30.

SGS Construction & Design Limited of Laburnum Avenue, Blackhill, Consett, County Durham pleaded guilty to breaching Regulation 15(2) of the Construction (Design & Management) Regulations and was fined £8,000 and ordered to pay costs of £2,683.60.

After the hearing, HSE principal inspector Rob Hirst commented: “Although the worker did not suffer life changing injuries, there was a potential for more serious injury.

“Those in control of work have a responsibility to ensure that workers are adequately trained, properly supervised, and work  activities are appropriately monitored.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk
2. More about the legislation referred to in this case can be found at: legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk
4. For more information on scaffold safety go to: https://www.hse.gov.uk/construction/safetytopics/scaffoldinginfo.htm

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Energy company, Siemens Gamesa Renewable Energy Ltd, has been  fined after an agency worker fell 1.8 metres from a blade platform.

Leeds Magistrates’ Court heard that, on 11 November 2017, the 30-year-old was working inside one of the turbine blades at the company’s  blade factory in Hull. Inside the blade is a midway platform referred to as the “web”. He was standing on the web, vacuuming the inside of the blade to clean off fibreglass dust and deposits. As he approached the edge of the web, towards the end of the turbine blade, he fell a distance of 1.8 meters. He sustained injuries including a broken collarbone, 10 broken ribs, a broken wrist and a punctured lung and he was off work for two months.

An investigation by the Health and Safety Executive (HSE) found that Siemens Gamesa Renewable Energy Ltd had provided a ladder to access to the “web” but they had not provided any fall protection either side of the ladder. The company have provided edge protection following the incident and after risk assessing the task the company have identified a method whereby there is no need to work at height, they can simply rotate the blade 90 degrees.

Siemens Gamesa Renewable Energy Ltd of Faraday House, Sir William Siemens Square, Frimley, Camberley, Surrey pleaded guilty to breaching Regulation 6 (3) of the Work at Height Regulations 2005. The company has been fined £533,334 and ordered to pay £16,274 in costs.

After the hearing, HSE inspector Denise Fotheringham commented: “Falls from height often result in life-changing or fatal injuries. In most cases, these incidents are needless and could be prevented by properly planning the work to ensure that effective preventative and protective measures are in place such as edge protection or barriers built to the correct standard.

“This incident could have easily been prevented if the company had installed adequate edge protection to prevent falls”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk^[1]
2. More about the legislation referred to in this case can be found at: legislation.gov.uk/ ^[2]
3. HSE news releases are available at http://press.hse.gov.uk^[3]
4. Further information about working at height can be found: www.hse.gov.uk/work-at-height/faqs.htm

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A care home for vulnerable adults has been fined after a resident was injured in a fall from height.

Airdrie Sheriff Court heard how on 29 July 2019, a resident of Hillend View Care Home was found lying on the ground outside his bedroom window by a care assistant. He had fallen 4.5 metres and sustained multiple fractures including a fractured pelvis, right acetabulum and right humeral head.

An investigation by the Health and Safety Executive (HSE) found the safety chains in place in resident’s bedroom to be inadequate to prevent the risk of falls. The care home had not assessed the risk of vulnerable residents falling from height.

Hillend View Limited of Airdrie Road, Caldercruix pleaded guilty to breaching Section 3(1) of the Health and Safety at work etc Act 1974 and was fined £21,000.

Speaking after the hearing, HSE inspector Kim Ross said “Risks of falls from windows in care settings are well documented in HSE guidance which is readily available online. This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk
2. More about the legislation referred to in this case can be found at: legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk

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A vehicle components manufacturer has been fined after an employee suffered burns to his foot.

Poole Magistrates’ Court heard how on 21 September 2018, the employee was decanting molten iron from a ladle into a pouring furnace when a splash burnt through his trouser leg and fell into his boot burning his foot. The pouring platform he was working on did not have adequate edge protection either to stop him falling from the platform or to prevent molten metal splashing back on him.

An investigation by the Health and Safety Executive (HSE) found that Eurac Poole Limited failed to provide adequate edge protection which would also have served as a splash barrier.

Eurac Poole Limited of Manning Heaths Road, Poole pleaded guilty to breaching Regulation 2 (1) of the Health & Safety at Work Act 1974. The company was fined £7,333 and ordered to pay costs of £10,000.

Speaking after the hearing HSE inspector Will Powell said: “This incident could have been avoided had the duty holder adequately assessed the risk and taken suitable and sufficient measures to control those risks.

“Eurac Poole Limited were too reliant on Personal Protective Equipment (PPE) and failed to apply other suitable control measures and safe working practices.”

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk^[1]
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/ ^[2]
3. HSE news releases are available at http://press.hse.gov.uk^[3]
4. Further information about safe techniques for working at height can be found at: http://www.hse.gov.uk/pubns/books/hsg33.htm

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