Three individuals and a company have been sentenced after a mother-of-eight was catapulted from a fairground ride in Hillingdon, London.

Mrs Khadra Ali spent four months in hospital after she was ejected from the Xcelerator ride at the Funderpark funfair in Yiewsley on 10 April 2018. Her family continue to provide her with the support she needs after suffering multiple fractures to her back, hips, pelvis, ribs, both collarbones as well as internal bleeding and a significant head injury.

Mrs Ali, who was 45 at the time, went on the fast motion ride alongside her daughter but was not suitably restrained in her seat.

As the ride picked up speed, Mrs Ali, now 51, screamed for help and clung on for some time before being ejected.

She hit the barrier of the next ride and landed on the ground.

She spent the next few weeks in a coma and four months in hospital as a result of her injuries. Mrs Ali can now no longer do chores or activities with her children.

The Health and Safety Executive (HSE) investigation found the ride’s seat restraint system was designed with electrical and mechanical failings by the manufacturer, Perrin Stevens Limited. The ride control system was set up in such a way that it would not have detected all failures. Derek Hackett, the ride owner trading as Hackett Fairs, failed to properly maintain the ride, this was in part due to Perrin Stevens’ operator manual lacking in information on inspection and maintenance of the seat restraint system.

The investigation also found on the day of the incident Mr Hackett’s ride operator had no attendant assisting them despite the operations manual requiring a minimum of two people to operate and monitor the ride. Crucially, the operator did not check each rider’s restraint bar as they should have before starting the ride, and did not notice that Mrs Ali required assistance and stopped the ride.

DMG Technical Ltd was the appointed inspection body and had overall control of the in-service annual inspection of the ride and responsibility for issuing the declaration of the operation compliance (DOC). David Geary, director at DMG Technical Ltd, completed the annual inspection in 2017 and did not identify any failed switches or maintenance concerns. Mr Geary completed initial tests and signed off the ride for use in 2013.  He also completed the required Design Review of the ride but failed to identify the electrical and mechanical design failings. The ride had been in use for a number of months before the design review was signed off by Mr Geary.

In 2023, HSE conducted an inspection campaign of fairgrounds, carrying out safety checks on rides currently in use in Britain. HSE’s long-established guidance can be found at: Health and safety guidance for fairgrounds (hse.gov.uk).

At a hearing at Westminster Magistrates’ Court on 7 May 2024:

• Perrin Stevens, of Oakley Green Road, Windsor, Berkshire, pleaded guilty as a director of Perrin Stevens Ltd (dissolved) that their offence under Section 6(1)(a) and Section 6(1a)(d) of the Health and Safety at Work etc. Act 1974 was attributable to his consent, connivance and/or neglect, whereby he was guilty of an offence contrary to Section 33(1)(a) by virtue of Section 37(1) of the Act. He was handed a custodial sentence of 32 weeks, suspended for 18 months, ordered to complete 150 hours of unpaid work and pay £11,444 in costs.
• Derek Hackett, of School Street, Manchester, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974. He was given a custodial sentence of 18 weeks, suspended for 18 months, and ordered to pay £4,800 in costs.
• DMG Technical Ltd, of Wenlock Road, Hackney, London, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974. The company was fined £51,000 and ordered to pay £30,000 in costs.
• David Geary, of Wenlock Road, Hackney, London, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974. He also pleaded guilty as director of DMG Technical Ltd that their offence as attributable to his consent, connivance and/or neglect, whereby he was guilty of an offence contrary to Section 33(1)(a) by virtue of Section 37(1) of the Health and Safety at Work etc. Act 1974. He was handed a custodial sentence of 44 weeks, suspended for 18 months, and ordered to pay £24,000 in costs.

HSE inspector Helen Donnelly said: “Mrs Ali was simply enjoying a day out with her children in what she expected to be a safe environment. As a result she continues to suffer pain and significant impact to her everyday life.

“Good health and safety management often requires multiple precautions being put in place, and often by different parties. This incident shows that there are serious consequences when we do not fulfil our health and safety duties and become reliant on the actions of others to ensure the safety of workers and the public. Good health and safety is a collective effort and we must all take responsibility for the role we have in keeping people safe.

“While this investigation has been long and complex, we hope Mrs Ali and her family will find some comfort with the sentence and see that justice has now been served.”

A statement from Mrs Ali’s representative said: “The family of Khadra Ali is deeply relieved that the criminal prosecution has concluded following the tragic incident at the Funderpark Fun Fair. They are grateful to everyone who has supported them throughout this challenging process.

“While no outcome can undo the impact of the life-changing injuries on Khadra’s health and well-being, they hope this marks the beginning of their journey to rebuild their lives and provide her with the support she needs moving forward.

“The family remain committed to providing Khadra with the best quality of life possible.

“They respectfully request privacy as they continue to focus on caring for Khadra and facing the challenges ahead.”

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.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

A motorsport engineering firm based in Kent has been fined after Britain’s workplace regulator identified numerous health and safety breaches.

Inspectors from the Health and Safety Executive (HSE) visited Hispec Motorsport Limited at its Dartford premises four times between February 2017 and July 2023.

The company – a specialist designer and producer of aftermarket brake upgrades for road, race, track, and kit cars – had failed to maintain work equipment and done little to prevent workers being exposed to metal-working mists that can cause asthma.

• HSE recently completed a successful campaign to highlight the dangers from metalworking fluids. Exposure to metalworking fluids – also referred to as ‘white water’ – can cause harm to lungs and skin through inhalation or direct contact with unprotected skin; particularly the hands, forearms and face.

The HSE inspections took place in February 2017, November 2021, April 2023 and July 2023. They found serious breaches of the law at each visit and enforcement notices were issued.

The subsequent investigation found the business had not maintained work equipment and staff were seen operating Computer Numerical Control (CNC) machines with safety panels removed allowing access to dangerous moving parts. In addition, the company had done little to prevent employees from being exposed to water-mix metal working fluid mist, a known cause of Occupational Asthma and Occupational Hypersensitivity Pneumonitis.

Hispec Motorsport Limited, of Watling Street, Dartford, Kent, pleaded guilty to breaching Section 2(1) of The Health and Safety At Work Etc Act 1974. The company was fined £6,500 and ordered to pay costs of £7,378 and a victim surcharge of £2,000 at Westminster Magistrates’ Court on 3 May 2024.

After the hearing, HSE inspector Sam Brown commented: “Our inspections identified multiple failings by this company to manage key risks associated with work undertaken in the engineering industry.

“Employees were using unguarded machinery and being exposed to hazardous substances that can cause debilitating respiratory diseases. Numerous interventions by our inspectors revealed a consistent failure to meet the minimum legal standards.

“This prosecution demonstrates that we will not wait for an injury or ill-health to occur before prosecuting.”

This prosecution was brought by HSE enforcement lawyer, Iain Jordan and supported by HSE paralegal officer, Imogen Isaac.

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.
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. Helpful guidance about metalworking fluids is available

A Yorkshire metals recycling company has been fined £1.2m after a worker was injured after being struck by a wagon at a processing site.

On 10 August 2020 an employee of CF Booth Limited was walking across the site yard in Rotherham when he was struck by a moving 32-tonne skip wagon. The man was not wearing his hi-vis jacket and did not see the wagon approaching. The wagon driver did not see the employee prior to the collision due to concentrating on manoeuvring the vehicle around some low-level skips which had been placed on the corner near where the employee was crossing the yard.

Following the incident, the man sustained a fractured skull and also fractured his collar bone in two places but has since made a full recovery.

A Health and Safety Executive (HSE) investigation found that at the time of the incident the site was not organised in such a way that pedestrians and vehicles could circulate in a safe manner. A suitable and sufficient workplace transport risk assessment was not in place for the segregation of vehicles and pedestrians. The company had failed to take steps to properly assess the risks posed by the movement of vehicles and pedestrians. The incident could have been prevented by adequately assessing the risks and implementing appropriate control measures such as physical barriers and crossing points.

Every workplace must be safe for the people and vehicles using it and traffic routes must be suitable for the people and vehicles using them. HSE has guidance on workplace transport with advice on keeping traffic routes safe and separating people from vehicles.

At Sheffield Magistrates’ Court on April 25 CF Booth Limited of Clarence Metal Works, Armer St, Rotherham, pleaded guilty of breaching Section 2 of the Health and Safety at Work etc. Act 1974. They were fined £1.2million and ordered to pay costs of £5,694.85.

After the hearing, HSE inspector Kirstie Durrans said: “If CF Booth Limited had assessed the risks and ensured vehicles and pedestrians could circulate in a safe manner, this incident could have easily been avoided.

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

This HSE prosecution was brought by HSE enforcement lawyers Karen Park and Kate Harney, and supported by paralegal officer Rebecca Forman

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.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

In a bid to highlight workplace health solutions, the Health and Safety Executive (HSE) has unveiled its 2024 ‘Risk Reduction Through Design’ awards winners, celebrating design changes that mitigate the risk of musculoskeletal disorders (MSDs) in the workplace.

The ‘Risk Reduction Through Design’ award 2023/24, sponsored by HSE and the Chartered Institute of Ergonomics and Human Factors (CIEHF), aims to spotlight design changes that reduce MSD risks across industries. MSDs encompass a range of conditions affecting the musculoskeletal system, including back pain and joint injuries.

This year marked the introduction of a new category, recognising the efforts of small to medium enterprises alongside the overall best design innovation.

Cranswick Gourmet Pastry has been awarded the MSD Risk Reduction through Design Award for its modification to their pie filling process. The design introduced the “Hopper Topper”, which eradicates the need for manual lifting and decanting of heavy trays and buckets of pie fillings, reducing MSD risk from this activity and increasing productivity.

Kent-based MRF Contracting has been recognised with the inaugural Small to Medium Enterprise (SME) Recognition Award for its creative use of a handheld crane and tool balancer tailored for its fencing installation operations. This design has substantially reduced the physical strain from lifting and hand-arm vibration (HAVS) effects on employees, promoting a healthier and more efficient working environment.

Chris Quarrie, Chartered Ergonomist and Human Factors specialist and chair of this year’s judging panel, said: “We applaud both Cranswick Gourmet Pastry and MRF Contracting for their contributions towards reducing workplace MSD risks to their workers.

“These awards demonstrate how MSD risks can be designed out of daily work activities. For many workplaces, simple changes can reduce the amount of physical lifting, bending, twisting and the associated strains those movements have on the body. Where manual handling is still necessary, innovative designs like those implemented by our winners can make all the difference when it comes to creating healthier work environments. These awards reflect the importance of engaging the employees throughout the process of designing out MSD risk.

“We are thrilled with all the nominations submitted this year. We hope that other workplaces, with the help of their employees, can consider designing out, or reducing MSD risk, with simple and cost-effective solutions.”

Speaking about their winning design solution, a Cranswick Gourmet Pastry spokesperson said: “We are thrilled that we have been awarded the prestigious MSD Risk Reduction Through Design Award 2024. This accolade serves as a testament to our ongoing commitment within our health & safety strategy to find innovative solutions aimed at eliminating and mitigating risks. This remarkable achievement is a testament to the dedication and hard work of the entire team involved in the project.”

Archie Montgomery, CEO of MRF Contracting, said: “Winning the award gives recognition to the wider MRF team, which works together to ensure that we are working in the safest, healthiest and best environment. A design as simple as this started from an employee suggestion and was developed through the office staff and our workshop fitters to deliver a solution that benefits the staff we have now and, in the future, and, with luck, other users of this tool.

“It’s a sign of recognition that we, as a company, are progressing toward creating a safer, happier environment.”

The dual awards were presented by Dr Andrew Pinder, HSE Senior Ergonomist, during CIEHF’s annual awards ceremony on 23 April 2024, where the commitment and innovation of the winning companies was celebrated.

Speaking about the awards, Iris Mynott, from CIEHF, said: “Through these recognitions, we highlight the impactful contributions of businesses in advancing workplace safety. Congratulations to our winners and all the entrants for their dedication to ergonomic improvements.”

For further details on the winners and their innovative designs, visit: https://www.hse.gov.uk/news/msd-awards.htm

Notes to Editors:

1. For more information on the award winners visit: https://www.hse.gov.uk/news/msd-awards.htm
2. More information about Chartered Institute of Ergonomics and Human Factors (CIEHF) can be found here: https://ergonomics.org.uk/
3. 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.
4. HSE news releases are available at http://press.hse.gov.uk

A carpentry contractor has been fined after a 22-year-old man died after he was struck by construction equipment on a building site.

On 30 October 2019, Niall McCormack from Kettering, Northamptonshire had been working for KM Carpentry Contractors Limited installing roof trusses at a new build site at Alconbury Weald, Cambridgeshire.

Both the truss packs and party wall spandrel panel had been lifted by crane onto a pair of semi-detached properties the day before the incident – temporarily supported by timber restraints.

Mr McCormack was working with another carpenter to remove trusses from the pack, to then spread and install across the building. As the two carpenters were in the process of spreading, the wind caught a spandrel panel, pushing it against the remaining trusses in the pack. Both the truss pack and spandrel panel fell into the work area. Niall McCormack was struck by the falling material and suffered a fatal head injury.

An investigation by The Health and Safety Executive (HSE) found that KM Carpentry Contractors Limited had failed to identify the risk of wind loading, and the effect this could have on the stability of the spandrel panel prior to being secured in place. The method statement for the installation of the spandrel panels included lifting and placing them on the roof only after the roof trusses had been installed and permanently secured. This could not be followed as they had both been placed on the roof at the same time as the roof trusses the day before.

HSE has guidance on the roles and responsibilities for contractors who directly employ or engage construction workers or manage construction work.

At Cambridge Magistrates’ Court on 25 April 2024, KM Carpentry Contractors Limited, of High Street, Higham Ferrers pleaded guilty to breaching Section 2(1) of the Health & Safety at Work etc Act.

The Company was fined £8,000 and ordered to pay £6,974 in costs.

A family statement said: “The whole family has been badly affected by Niall’s loss. One of his friends is going to Australia and we can’t help thinking Niall should be here and going with him.

“Niall has lost the ability to grow up and have children of his own. He won’t be getting married and all the things you do as families. He’s missed out on so much, for what, going to work. No one should go to work and not come back.”

After the hearing, HSE Inspector Jenny Morris said: “Our thoughts are with Niall’s family, a 22-year-old who was just setting out on his career in the construction industry.

“This case highlights the importance of identifying the risks associated with a work activity and ensuring a safe system of work is devised and then followed.”

The prosecution was brought by HSE enforcement lawyer Samantha Wells and paralegal officer Lucy Gallagher.

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.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.