Brothers fined for failing to protect public from cattle

Two brothers have been sentenced for failing to protect members of the public from their cattle.

An investigation by the Health and Safety Executive (HSE) found Andrew and David Turnbull failed to offer and display signs of an alternative route to a public right of way in their field in the Coalsgarth Valley, North Yorkshire.

HSE prosecuted the pair following the death of former teacher David Clark, who was killed by a herd of cows while crossing the right of way on 21 September 2020.

The 59-year-old had been running with his two dogs when he was surrounded by a numbers of cows, and then struck to the ground.

Witnesses reported that one of the cows then turned back and ran towards Mr Clark, causing a fatal blow to his chest.

The father-of-three was pronounced dead at the scene by paramedics.

HSE guidance suggests a number of reasonably practicable ways that farmers, landowners and other livestock keepers should follow to control the hazards for walkers when keeping cattle in fields where the public have access.

These all start through properly assessing the risks posed by cattle to users of public footpaths and implementing suitable protective and preventative measures to minimise those risks so far as is reasonably practicable. Further guidance can be found here.

Members of the public can find out about steps to safely enjoy the countryside and respect farming activities by following Government advice in The Countryside Code – GOV.UK (www.gov.uk).

Advice includes:

  • Give livestock plenty of space. Their behaviour can be unpredictable, especially when they are with their young.
  • Keep your dog under effective control to make sure it stays away from livestock. It is good practice wherever you are to keep your dog on a lead around livestock.
  • Let your dog off the lead if you feel threatened by livestock. Releasing your dog will make it easier for you both to reach safety.

David and Andrew Turnbull, both of Low Gingerfield Farm, Richmond, North Yorkshire, both pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974.

At Teesside Crown Court on 3 March 2025:

  • Andrew Turnbull, 57, was fined £1,589 and ordered to pay £1,500 in costs.
  • David Turnbull, 61, was fined £1,390 and ordered to pay £1,500 in costs.

HSE inspector Elliot Archer said: “Andrew and David Turnbull failed to do all that was reasonably practicable to prevent members of the public being put at risk by their cattle. Farmers, landowners and other livestock keepers need to be aware of the risk their cattle pose to members of the public and take suitable protective and preventative measures to mitigate that risk.”

This prosecution was brought by HSE enforcement lawyer Iain Jordan and supported by HSE paralegal officer Rebecca Withell.

Notes to editors:                            

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.



Construction firm fined as HSE inspection identifies catalogue of failures

A renovation company in South Wales has been sentenced after defying enforcement notices from the Health and Safety Executive (HSE).

Inspectors say Greenlife Property Developments Ltd failed to heed their warnings about the dangers posed to workers by a two-and-a-half metre deep excavation of the entire back garden of a house in Pit Place, Cwmbach, Aberdare.

The HSE inspection of the refurbishment works in September 2023 followed up on reports of unsafe construction work. It found that:

  • Employees were observed working within the excavation, which was approximately 2.5 metres deep.
  • The sides of the excavation were vertical, leaving a risk of rubble subsiding or collapsing without warning.
  • The site had not been secured to prevent unauthorised access.
  • There was no risk assessment for the refurbishment works and no safe system of work.
  • Craig Lewis, managing director at Greenlife Property Developments Ltd, was present on site at the time.

Following the inspection HSE served Greenlife Property Developments Ltd with a Prohibition Notice, requiring the firm to stop construction work within the excavation until it had corrected defects under a safe system of work. There was an immediate risk of serious injury to employees, working inside the excavation, including of burial from falling rubble.

Two Improvement Notices were also served, one requiring the company to secure the site, preventing unauthorised access, while the other ordered the firm to obtain advice on the risks to workers inside the excavation and implement a safe system of work.

A subsequent HSE investigation found Greenlife Property Developments Ltd breached the Prohibition Notice by continuing construction work inside the excavation. The company also failed to comply with one of the Improvement Notices as it did not obtain advice on the risks to workers inside the excavation and implement a safe system of work. Mr Lewis ignored repeated attempts by HSE to contact him in relation to the notices served and the conditions on site, and attempted to deceive HSE by providing false information in relation to the actions taking by the company to comply with the notices.

HSE guidance states that excavation work must be properly planned and carried out to prevent accidents. Precautions should be taken, including against collapse of the sides, materials falling onto people working in the excavation, and undermining nearby structures. Further guidance can be found here.

Greenlife Property Developments Ltd, of Gurnos Estate, Brynmawr, Ebbw Vale, Gwent, Wales, was found guilty of breaching Section 33(1)(c) and two breaches of Section 33(1)(g) of the Health and Safety at Work etc. Act 1974. The company was fined £40,000 and ordered to pay £5,812.57 in costs at Merthyr Tydfil Magistrates’ Court on 20 January 2025.

HSE inspector Rachael Newman said: “Every year people are killed or seriously injured by collapsing and falling materials while working in excavations.

“Workers are not standing on solid ground when they are inside an excavation. There is almost no excavated ground that can be relied upon. One cubic metre of soil collapsing into an unsupported excavation can collapse without warning and weigh as much as one tonne.”

“Greenlife Property Developments Ltd failed to heed the warnings we evidently gave in our enforcement notices. They made no attempt to prevent the excavation from collapse. The company  failed to comply with two enforcement notices which were served to remove the risk and secure compliance with the law.

“The attempts to evade us were a deliberate breach and flagrant disregard of the law.

“The fine imposed on Greenlife Property Developments Ltd should highlight to everyone in the construction industry that the courts, and HSE, take a failure to comply with the law and enforcement notices extremely seriously. We will not hesitate to take action against companies which don’t  do all they should to keep people safe.”

The HSE prosecution was brought by HSE enforcement lawyer Matthew Reynolds and supported by HSE paralegal officer Jason Dix.

Notes to editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.

 




Farmer jailed after three-year-old child killed by vehicle

  • Albie Speakman, 3, died in July 2022 after being struck by a telehandler driven by his father.
  • Neil Speakman was sentenced on Friday for failing to ensure Albie’s health and safety.
  • Mr Speakman should have followed HSE guidance, says lead inspector.

A farmer has been jailed after he failed to ensure the health and safety of his three-year-old son.

Albie Speakman lost his life on 16 July 2022 after he was run over by a telehandler that was being driven by his father Neil Speakman.

A joint investigation by the Health and Safety Executive (HSE) and Greater Manchester Police found Mr Speakman failed to ensure Albie was kept safe from work activities on his family’s farm in Bury, Greater Manchester. The telehandler being driven by Mr Speakman was in poor condition.

Children should be kept safe from farming work activities by keeping them in a safe area, such as a farmhouse or a securely fenced play area. Further advice can be found here.

Mr Speakman, 39, was using the telehandler to move woodchip into bags while Albie was left playing in a small unfenced garden at the front of the house on Bentley Hall Farm.

The telehandler that was being driven by Mr Speakman

The three-year-old wandered onto the farm yard and was fatally struck by the telehandler as it was being reversed.

HSE inspector Mike Lisle said: “This tragedy could easily have been avoided if our guidance was followed.

“Our guidance clearly states children should be kept away from farming activities and work traffic, remaining in a safe space, such as a securely fenced play area.

“Farms are workplaces, but often have a farm house within the grounds. This makes the provision of safe areas for children even more important.”

The HSE and Greater Manchester Police investigation identified that Mr Speakman failed to ensure there was a safe segregated area for Albie to play in so that he was kept safe from farm workplace activity. Instead, Albie was allowed to move around the farm yard while vehicles were being driven.

The investigation found Mr Speakman had borrowed the telehandler from a neighbour, and while he had previously used the vehicle, he was not appropriately trained and had not properly considered the risks involved with using it. The telehandler was missing a wing mirror on the passenger’s side, while the wing mirror on the driver’s side was dirty – reducing Mr Speakman’s visibility as he operated the vehicle.

Neil Speakman, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974 after being charged by the Crown Prosecution Service (CPS).

He was handed a 12-month prison sentence and ordered to pay £2,000 in costs at Manchester Minshull Street Crown Court on 28 February 2025. Mr Speakman must serve at least six months in prison.

Following a trial at Manchester Minshull Street Crown Court, Mr Speakman was found not guilty of gross negligence manslaughter in February 2025. This charge was brought by the CPS following a Greater Manchester Police investigation.

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.



Skiing company fined after boy was killed at friend’s birthday party

An indoor skiing company in Tamworth has been fined £100,000 following the death of a schoolboy.

Twelve-year-old Louis Watkiss had been at a tobogganing birthday party at the Snowdome in Tamworth on 24 September 2021.  He was descending the main ski slope on a toboggan when it slid into the back of a member of staff who was conducting a slope walk. He fell backwards onto Louis who sadly died at the scene from head injuries.

An investigation by the Health and Safety Executive (HSE) found that Snowdome Limited failed to ensure the safety of its customers, including Louis, while they were undertaking tobogganing at the venue.

The indoor slope at Tamworth Snowdome

The HSE investigation also found that Snowdome Limited did not have a suitable and sufficient risk assessment for tobogganing activities and had not fully considered all persons likely to be on the slope during tobogganing. As a result, there was no safe system of work, information, instruction, training or supervision to manage the risk of collisions between toboggans and pedestrians.

Nathan Cook, senior enforcement lawyer for HSE said: “Louis went to a friend’s birthday party at the Snowdome and should have returned home safely to his family after an enjoyable occasion.

“Tragically, due to the failings of Snowdome Limited, this did not happen. Louis’s death could have been prevented if the company had adequately assessed and controlled the risks associated with tobogganing activities.

“This should act as a reminder  that venues and employers must ensure suitable and sufficient risk assessments are in place and employees are provided with sufficient safe systems of work, information, instructions, training, and supervision.

The indoor slope at Tamworth Snowdome

Nathan Cook continued: “Our risk assessment guidance may be more commonly used for workplaces such as factories and construction sites, but the same principles apply for busy venues like indoor ski slopes. The possible risks to people from equipment and the movement of visitors and staff needs to be thought through.

“Our thoughts remain with Louis’ family.”

Snowdome Limited, of Leisure Island, River Drive, Tamworth, Staffordshire, pleaded guilty at Telford Magistrates’ Court to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 (‘the Act’). At a hearing on 26 February, they were fined £100,000 and ordered to pay costs of £14,534.

The HSE investigation into this incident was carried out by HM inspector Keeley Eves, with the support of visiting officer Natalka Heath.

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.
  5. HSE guidance about managing and assessing risks is available.



CCTV captures moment welder crushed at Sunderland shipyard

CCTV has captured the moment a welder was crushed while working at a shipyard in Sunderland.

David Vinsome sustained multiple rib fractures as well as internal injuries, including an abdominal wall burst, following the incident at Pallion Shipyard on 18 October 2022.

The 37-year-old from North Shields was crushed between an excavation bucket and a fabrication table. Following an investigation by the Health and Safety Executive (HSE), Midland Steel Traders Ltd has been fined £100,000.

At the time of the incident, welders had been using an overhead gantry crane and a fork lift truck in tandem to rotate a large excavator bucket. David Vinsome was crushed as he attempted to attach the chains from the overhead crane to the bucket, and a fork lift truck started the lifting operation, unaware of his position behind it.

In a victim personal statement, the father-of-one, recalls how he spent nine days in hospital, before returning home.

“When I did come home, I was in bed for about a month before I tried to get down the stairs,” he said.

“My partner is a NHS nurse, so she helped a lot.

“I am still suffering a lot of pain with my shoulder. I have a daughter and I cannot do the school run anymore or take her out for meals or ice cream.

“I am worried about getting back to work. I don’t know when that will be or how I will manage.

“I don’t think I will go back to welding.”

The investigation by the Health and Safety Executive (HSE) found Midland Steel Traders Ltd had failed to ensure that the lifting activity was properly planned by a competent person, or carried out in a safe manner. They also failed to produce a lifting plan, and to establish a safe system of work for this activity – leading to a breakdown of communication between the multiple operators involved.

HSE inspector Matthew Dundas said: “Lifting operations can often put people at great risk, as well as incurring great costs when they go wrong.

“It is therefore important to properly resource, plan and organise lifting operations so they are carried out in a safe manner.

“Had that been done in this case then Mr Vinsome wouldn’t have been so seriously injured.

“HSE provides detailed guidance on lifting operations including the importance on how they should be properly resourced, planned and organised, to enable them to be carried out in a safe manner.”

Midland Steel Traders Ltd, Portobello Ind Est, Shadon Way, Chester le Street, pleaded guilty to breaching the Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £100,000 and told to pay £4,916 costs at Newcastle Magistrates Court on 13 February 2025.

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.
  5. HSE guidance on lifting operations including the importance on how they should be properly resourced, planned and organised, to enable them to be carried out in a safe manner, is available.