Two companies fined after man falls through roof of Salford skate park

Two companies have been fined more than £100,000 after a man fell 30 feet through a fragile skylight as he was working on a roof.

Nicolas Vilela suffered multiple injuries in the incident at Graystone Action Sports Centre, on Brunel Avenue in Salford on 23 November 2022.

Now 43, Mr Vilela had been fixing a solar panel into position on the roof when he took a step back and fell through one of the skylights to the skate park below, narrowly missing several people. His horrific injuries included a partial lung collapse, broken ribs, pelvis, femur and left wrist as well as fractures to lower vertebrae. He spent a month in hospital.

Overview of Graystone Action Sports Skatepark from viewing area

Falls from height remain a leading cause of workplace death and HSE has published guidance about how these incidents can be avoided.

Speaking as the companies were fined, Mr Vilela said the incident had affected him both physically and emotionally.

He said: “It has had an overwhelming and complicated impact on my life, having, until then, been a very active, dynamic person”

“A fall from a height of 10 metres is not something you survive.

“I broke my femur, pelvis, wrist, vertebrae and ribs. A lot worse could have happened but I am grateful for the fact that I am alive and can walk, but I will live with this trauma for the rest of my life.

“I have developed a fear of heights and a fear of any physical activity that could cause me harm. I am also really worried about how my body will respond in old age as a result of these injuries.

“I am unable to walk for more than a kilometre without feeling pain and getting very tired due to the loss of strength and mobility in my leg. My pelvic fracture impedes me from doing any heavy lifting and I live in fear of damaging it even more.”

Cones used to mark out location of fragile skylights

An investigation by the Health and Safety Executive (HSE) found that H2O Renewables Limited (H2O) were the principal contractor engaged for work to install solar panels to the roof of the indoor skate park and had engaged Green Projects Ltd (GPL) as sub-contractor to fit the roof mounted system. H2O planned the work during which time they were aware of multiple fragile rooflights in close proximity to where the solar panels would be fitted.

The risk assessment produced by H2O stated cones and warning tape would be used as a control measure to warn operatives of the risk of falling through the fragile roof lights, and fixed scaffolding would be used to prevent risk of falls from the perimeter of the roof. By the time the work started on 22 November 2022, the fixed scaffold had only partially been erected, and only the cones had been placed next to the skylights.

Despite the insufficient control measures being present to mitigate the risks from work at height, GPL’s operatives were allowed to start work to fit the solar panels.

The investigation also found that H2O Renewables Limited and Green Projects Ltd, had failed to take suitable and sufficient precautions to ensure the safety of workers on the roof. Both companies had also failed to put in place a safe system of work for the installation of solar panels that were to be fitted in close proximity to many of the fragile roof lights present.

Skylight injured person fell through

H2O Renewables Limited of Hazel Grove, Stockport, pleaded guilty to breaching regulation 13(1) of the Construction (Design and Management) Regulations 2015. They were fined £106,720 and ordered to pay £40,995 costs at a hearing at Manchester Magistrates Court on 20 November 2024.

At the same hearing, Green Projects Ltd of Albert Street, Oldham, pleaded guilty to breaching regulations 6(3) of the Work at Height Regulations 2005. They were fined £13,340 and ordered to pay £1,600 costs.

After the hearing, HSE inspector Phil Redman said: “This was a very serious incident that Mr Vilela was extremely lucky to survive.

“A fall from this distance frequently results in life-changing injuries or death.

“It is a timely reminder that all work at height activities must be suitably planned, managed and monitored using a safe system of work.”

This prosecution was brought by HSE enforcement lawyer Kate Harney and 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.
  5. Guidance on working safely at height is available.



HSE publishes annual work-related ill health and injury statistics for 2023/24

The Health and Safety Executive (HSE) has today (Wednesday 20 November) published its annual statistics on work-related ill health and workplace injuries.

The statistics reveal that the number of workers reported to be suffering from work-related ill health during 2023/24 is 1.7 million – which is similar to 2022/23 (1.8 million workers).

The rate of self-reported work-related ill health remains broadly similar to the previous year, although the current rate is still higher than the 2018/19 pre-pandemic level.

Approximately half of those reporting ill-health relate to stress, depression or anxiety, with an estimated 776,000 cases in 2023/24. The current rate of self-reported work-related stress, depression or anxiety is higher than the pre-pandemic level but has decreased from 910,000 in 2022/23.

An estimated 33.7 million working days were lost in 2023/24 due to self-reported work-related ill health or injury.

HSE’s chief executive Sarah Albon said: “This year marks 50 years since the legislation which established HSE was passed. Much has been achieved in that time, including a dramatic reduction of around 85 per cent in the numbers of employee  fatal injuries in the workplace.

“Today, Great Britain is one of the safest places in the world to work but these statistics serve as a reminder that there is still room for further improvement, and we remain committed to ensuring people remain safe and healthy wherever work is taking place.”

HSE’s statistics also reveal the impact work-related ill health and workplace injuries are having on Britain’s economic performance.

In 2022/23, the estimated annual costs of workplace injury and new cases of work-related ill health reached £21.6 billion, which is £1.6 billion less compared with 2021/22.

The figures also show that 138 workers were killed in work-related accidents in 2023/24, while 604,000 workers sustained a self-reported non-fatal injury in the workplace during the same period.

 

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. Details on HSE’s work-related mental health campaign, Working Minds, can be found here Working Minds – Work Right to keep Britain safe
  3. Details on HSE’s new 10-year strategy can be found here HSE strategy 2022 to 2032 – About us – HSE.
  4. HSE’s annual statistics on work-related ill health and workplace injuries for 2023/24 can be found here – Health and safety statistics – HSE



Wood panelling firm fined £400,000 after injured worker loses leg

A wood panel manufacturer has been fined £400,000 after a worker suffered life-changing injuries at its factory in Chirk, near Wrexham.

The incident happened at Kronospan Limited on 31 March 2021, when a pack of waste MDF sheets weighing around 350kg fell from a trailer and landed on the left leg of Mark Hughes from Johnstown.

The injuries sustained by Mr Hughes, now 53, were so serious they resulted in him having his left leg amputated below his knee. The loss of his leg has been life-changing and he has since had to move to an accessible house. He is no longer able to carry on with his hobbies and struggles to climb stairs.

Mark Hughes was seriously injured when a pack of waste MDF sheets fell from this lorry

“My injury has changed everything in my life, it is like somebody dropped a bomb on our life and never picked up the pieces,” he said.

“Everything now just takes a lot of planning to do and spontaneous trips do not happen anymore.

“I won’t go anywhere that has a lot of steps.”

The packs of MDF sheets weighed approximately 350kgs

After more than two years off work, Mr Hughes has been able to return to the company, but only in a part-time capacity.

“Some days I feel okay but some days after work I feel absolutely knackered.

“I’ve worked for Kronospan for 27 years and I feel since my accident it would be difficult to find a job somewhere else and start over,” he added.

“A lot of my social connection was from work because I used to work a lot of hours.

“I have a quality of life but it is a lot different than what it used to be.”

Kronospan Limited was fined £400,000 as a result of the incident

An investigation by the Health and Safety Executive (HSE) found that Mr Hughes had loaded a flatbed trailer of waste MDF sheets to transport them across the site to be destroyed. When he began to take off the straps holding the sheets in place, a pack fell off the trailer and landed on top of him. The road across the site was poorly maintained and had lots of potholes.

The investigation also found that there was no suitable risk assessment or system of work in place specifically relating to the risks associated with the stacking, movement and loading of waste MDF sheets.

Kronospan Limited of Chirk, Wrexham pleaded guilty to breaching Section 2(1) of the Health & Safety at Work etc. Act 1974. They were fined £400,000 and ordered to pay costs of £4,701 at Wrexham Magistrates Court on 19 November 2024.

Speaking after the hearing, HSE inspector Marie Wheeler said: “A man has suffered truly life-changing injuries as a result of this company’s failures.

“The incident was completely preventable had a proper risk assessment been carried out.

“Nor did the company have a suitable safe system of work in place.

“HSE will always take action when basic failures like these result in very serious injury.”

 

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.



Plastics manufacturer fined as worker suffers multiple leg fractures

A plastics manufacturer in Kent has been fined £400,000 after an employee was seriously injured by a forklift truck.

The man was struck by the vehicle while walking to collect materials at FloPlast Limited’s site at Eurolink Business Park on 4 July 2023.

The driver of the forklift truck failed to see the worker, who sustained multiple leg fractures and a dislocated ankle, requiring him to have a metal plate fitted in his left leg.

A Health and Safety Executive (HSE) investigation found a number of measures lacking at the site in Sittingbourne:

  • FloPlast Limited had no documented safe system of work and that nobody was following the measures the firm thought were in place
  • CCTV footage showed multiple drivers and pedestrians circulating in close proximity
  • A site inspection by HSE found employees were not observing one way systems or following systems of work
  • HSE also established that there was no system in place to monitor compliance or to remind employees and drivers of the systems of work
  • Finally, it was found that nobody had assessed the vehicles being used by workers to ensure they provided good visibility.

HSE guidance can be found at: Introduction to workplace transport safety – HSE

FloPlast Limited, of Eurolink Business Park, Sittingbourne, Kent, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £400,000 and ordered to pay £5,567 in costs at Maidstone Magistrates’ Court on 14 November 2024.

The forklift truck that struck the worker

HSE inspector Peter Bruce said: “Poor vehicle and pedestrian segregation in the workplace is a common cause of fatal incidents and injuries. The employee in this instance suffered multiple fractures and has had to have a metal plate put into their leg which they will have for the rest of their life.

“Employers need to ensure that they have suitable measures in place to segregate out pedestrians and vehicles. This includes: the provision of safe systems of work, appropriate training procedures and systems for ensuring compliance with those measures.

“Where it is identified that employees are not following these measures, employers should consider the reasons behind this implementing further measures as appropriate to the risk.”

This HSE prosecution was brought by HSE enforcement lawyer Neenu Bains and supported by HSE paralegal officer Daniel Adams.

 

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 can be found here.

 

 

 




Ginsters owner fined £1.28m after employee crushed to death by lorry

The owner of Ginsters has been fined £1.28 million after an employee was killed by a lorry that was delivering supplies to the bakery where it makes its pasties.

Paul Clarke was fatally crushed on 2 December 2021 after being struck by the vehicle as it reversed into a loading bay at The Cornwall Bakery, Callington, operated by Samworth Brothers.

He was taken via helicopter to Derriford Hospital, where he later lost his life.

“Our lives will never be the same without Paul,” his mother has said in a statement.

Paul Clarke

The 40-year-old, who had recently joined the bakery as an intake operator, had been moving strip curtains in the loading bay before being struck by the lorry.

A Health and Safety Executive (HSE) investigation found Samworth Brothers had not assessed the risks associated with the temporarily installed strip curtains and that there was no safe system of work to move them out of the way when the lorries reversed into the loading bay. The strip curtains had been installed in place of a faulty roller door.

The site staff had not been provided with training or instructions to move the curtains and had devised their own methods, which included standing in the yard behind reversing vehicles. Mr Clarke was new to the role and was working his first lone shift. Management failings had not picked up the additional risks associated with this task.

The intake bay where the incident occurred

HSE guidance can be found at: Introduction to workplace transport safety – HSE

Bernice, Paul’s mother, said in a statement: “Paul was a family man and loved big family holidays, which will never be the same without him. I have not been on a family holiday since I feel so much guilt towards Paul, we don’t celebrate Christmas as the date is too close and it is just not the same.

“Paul and I had a very special relationship between a mother and a son. We were always talking and catching up. I would call him every weekend and see what he was doing. He would always come out with us on a bike ride or a walk. We all miss Paul very much every day, our lives will never be the same without Paul.”

Samworth Brothers Limited, of Samworth Way, Melton Mowbray, Leicestershire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £1.28 million and ordered to pay £24,106 in costs at Plymouth Magistrates’ Court on 7 November 2024.

HSE inspector Aimie Baker said: “Bernice’s words make clear the impact the passing of Paul has had and our thoughts remain with her and her family.

“Workplace transport incidents involving pedestrians are a major cause of fatal injuries in the workplace with 25 such recorded fatalities in 2023/24. Employers should plan their workplace to reduce contact between pedestrians and vehicles.

“Their risk assessment should consider workplace transport activities, including loading and unloading, and ensure that pedestrians are safe from the risks associated with vehicle movements where they interact. The management arrangements further require employers to monitor and review their measures as appropriate for the risks.”

This HSE prosecution was brought by HSE enforcement lawyers Daniel Poole and Kate Harney, who were supported by HSE paralegal officer Imogen Isaac and HSE litigation officer Helen Vigus.

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 can be found here.