The highest penalty in 2024 thus far matches the third-highest fine of last year and makes it onto the list of the biggest Health and Safety Executive (HSE) fines of all time. Since we are just over the halfway point of the year, this is a concern.
While it is encouraging that companies that breach regulations meet serious consequences, it is also concerning that breaches warrant such large penalties. There has been an upward trend in the highest health and safety fines in recent years, with the biggest fine in 2022 being over double the highest fine in 2020.
However, the largest penalty in 2023 broke this trend. Ideally, the number of fines issued year on year would decrease. Health and safety training helps companies avoid workplace accidents and the penalties that come with them.
According to the most recent HSE statistics, falls from height remain the biggest reason for fatal accidents among UK workers. This accounts for 30% of all fatal workplace injuries in 2022/2023.
Construction is still the most dangerous industry in terms of health and safety, with the largest number of deaths attributed to this industry.
Headline UK health & safety statistics
Health and Safety Executive (HSE) statistics show that in 2022/2023:
- 135 workers killed at work
- 561,000 non-fatal injuries at work according to self-reports (Labour Force Survey)
- 60,645 non-fatal injuries reported by employers (RIDDOR)
- 1.8 million workers suffered from work-related ill-health
- 35.2 million working days lost due to work-related illness and workplace injury
Top 10 H&S breach fines of 2024
- BAM Nuttall Ltd: £2.3m + £25.7k costs
- Openreach Limited: £1.3m + £15.8k costs
- CF Booth Limited: £1.2m + £5.6m costs
- Tata Chemicals Europe Limited: £1.1m + £60.6k costs
- Keltbray Limited: £900k + £18.4k costs
- MHS Homes: £528k + £4.1k costs
- Kettering General Hospital NHS Foundation Trust: £480k + £costs
- M.A. Forshaw Limited: £320k + £4.5k costs
- Orean Personal Care Limited: £300k + £4.5k costs
- New Earth Solutions (West) Limited: £200k + £12.4k costs
Top 10 H&S breach fines of 2024 in detail
We have examined the UK's biggest health and safety fines over the past few years to help you understand how to avoid making the same simple mistakes.
1. BAM Nuttall Ltd: £2.3m + £25.7k costs
Health and Safety at Work etc. Act 1974 Section 2(1)
BAM Nuttall Ltd has been fined £2.345 million following the death of worker Gary Webster, who drowned in the River Aire in October 2017. Mr Webster and another worker were on a boat removing debris from Knostrop Weir when their boat capsised in turbulent water.
An HSE investigation revealed that BAM Nuttall Ltd had trained operatives who could have controlled the weir gates to slow the water flow, allowing debris to be safely removed. However, the company failed to implement this procedure.
“[BAM Nuttall Ltd] failed to ensure that suitable safety measures were in place and failed to put in place a safe system of work. This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.”
2. Openreach Limited: £1.3m + £15.8k costs
Health and Safety at Work etc. Act 1974 Section 2 (1)
Openreach Limited has been fined £1.34 million following the death of engineer Alun Owen, who slipped and fell into the River Aber in Abergwyngregyn in October 2020 during a repair job.
Despite attempts by several engineers over two months to fix telephone lines running across the river, no safe system was in place for working near water. Owen, 32, received no training or instructions on water safety. Flooding had made the river particularly dangerous at the time of the incident.
HSE inspector Christina Roberts emphasised that Owen's death was preventable and criticised the lack of proper safety measures, urging companies to learn from this tragedy to avoid similar incidents.
3. CF Booth Limited: £1.2m + £5.6m costs
Health and Safety at Work etc. Section 2
CF Booth Limited, a Yorkshire metals recycling company, has been fined £1.2 million after a worker was injured by a 32-tonne skip wagon at their Rotherham site in August 2020. The employee was not wearing a hi-vis jacket and was struck while crossing the yard.
The driver, focusing on manoeuvring around low-level skips, did not see the pedestrian. The worker sustained a fractured skull and collarbone but has since recovered.
An HSE investigation revealed the site lacked proper organisation to safely manage pedestrian and vehicle circulation, and there was no adequate transport risk assessment. The accident could have been prevented with proper risk assessment and control measures like barriers and crossing points.
“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."
4. Tata Chemicals Europe Limited: £1.1m + £60.6k costs
Health and Safety at Work etc. Act 1974 Section 3(1)
Tata Chemicals Europe Limited has been fined following the death of Michael Densmore, a 37-year-old father of four from Merseyside, who died after an incident at their Northwich plant.
In November 2016, while erecting a scaffold tower, Mr Densmore slipped and fell into a trough containing heated calcium hydroxide, sustaining severe chemical and thermal burns. An HSE investigation revealed significant safety lapses: no permit for hazardous work was in place, and risks were poorly managed.
The scaffolding team had not been properly informed about the presence of hazardous chemicals or the insecure lids covering the troughs. Mr Densmore received only a brief induction and was unaware of the dangers. Tata Chemicals Europe has previously faced prosecutions for health and safety violations at the same site and another nearby.
5. Keltbray Limited: £900k + £18.4k costs
Work at Height Regulations 2005
Keltbray Limited faced a hefty fine of £900,000 after an incident involving a harrowing fall from a height of 6 meters. The gravity of the situation was evident as the company had already allocated a substantial provision of £6 million in its latest financial accounts to address what was termed a "civil regulatory matter" linked to this unfortunate event.
The beginning of this issue can be traced back to a prior management team, indicating that the repercussions of lax safety measures persisted despite leadership changes. The potential range of liability stemming from this incident is staggering, estimated between £3.9 million and £16 million, underscoring the seriousness of the oversight and its enduring ramifications.
6. MHS Homes: £528k + £4.1k costs
The Construction (Design and Management) Regulations 2015 Regulation 16(2), by non-compliance with Regulation 25(4)
MHS Homes, a housing company based in Kent, has been fined £528,000 after an employee suffered facial burns from striking an underground cable while repairing a fence post. On January 10, 2023, the employee and a colleague were tasked with repairing three fence posts in a tenant's garden. While breaking through concrete, one worker accidentally hit an underground electrical cable. An HSE investigation revealed that MHS Homes regularly performed ground excavations but failed to provide information on the location of underground utilities or the tools needed for safe excavation. The company had identified the risk of underground services in a 2017 risk assessment but did not implement necessary safety measures.
“Underground services are widespread and represent a significant risk. It is important measures are taken to identify them before any excavation work is undertaken. Those excavating the ground need to ensure that they obtain service plans prior to the work taking place. It is also vital that employees are provided with the correct tools and detection equipment to do their work safely.”
7. Kettering General Hospital NHS Foundation Trust: £3m + £4.2k costs
Health and Safety at Work etc. Act 1974 Section 2(1)
Kettering General Hospital NHS Foundation Trust has been fined £480,000 following an incident where an employee lost consciousness and sustained a brain injury while clearing a blocked drain.
The employee was discovered in a manhole on the hospital premises by colleagues and was rescued by Northamptonshire Fire and Rescue Service. He was treated for acute sulphate intoxication. This led to a traumatic brain injury with enduring effects such as memory loss and nerve damage.
An investigation by the HSE revealed lapses in safety protocols by the Trust, including a failure to recognise the manhole as a confined space and inadequate risk assessment. Moreover, the Trust neglected to implement measures to prevent staff from entering confined spaces and lacked proper training for the estates team on the hazards associated with such activities.
8. M.A. Forshaw Limited: £320k + £4.5k costs
Health and Safety at Work Act 1974 Sections 2 (1) and 3(1)
M.A. Forshaw Limited, a company engaged in fruit and vegetable production, has been fined £320,000 after a tragic incident resulting in the death of Francis Schlachter in January 2020 at their site in Burscough.
Frank, a devoted family man from Southport, suffered fatal head injuries when he fell from a skip while assisting in tipping food waste into it from a forklift truck. The container attached to the forklift was prone to detachment during the operation, a hazard known to the company.
Despite regulations stipulating risk management in the use of work equipment, an investigation by the HSE revealed that M.A. Forshaw Limited had not adequately assessed the risks associated with this routine task nor properly maintained their equipment.
Furthermore, they neglected to provide adequate training on safe working practices to their staff. The tragedy highlights the importance of diligent risk assessment and adherence to safety regulations in the workplace to prevent such devastating accidents.
9. Orean Personal Care Limited: £300k + £4.5k costs
Health and Safety at Work etc. Act 1974 Section 2(1)
Orean Personal Care Limited, a cosmetic manufacturing company, has been fined following an incident where a worker lost part of a finger while cleaning a machine. In October 2021, the man was overseeing a tube-filling machine operation where five employees were using it to fill tubes with a heat-sensitive product. When the machine became contaminated and required cleaning, he was injured as part of the machine unexpectedly moved, trapping his finger.
As a result, he underwent partial amputation of his middle finger and continues to experience pain, possibly necessitating further surgery. An investigation by the HSE revealed that safety protocols were breached as the interlocked guard had been bypassed, allowing the machine to operate with the guard door open.
This lapse in risk management exposed various employees, from machine operators to cleaning staff, to potential harm. The incident underscores the critical importance of maintaining proper safety measures to protect workers from such avoidable accidents.
10. New Earth Solutions (West) Limited: £200k + £12.4k costs
Health and Safety at Work etc. Act 1974 Section 3(1)
A worker suffered burns and multiple injuries after his crowbar contacted a live electrical conductor, causing an explosion in July 2021. The HSE prosecuted a waste management company, New Earth Solutions Ltd., following the incident at Copper Hill industrial estate, Barkston Heath, Lincolnshire.
The worker, who was on a mobile elevating working platform, also fell and sustained a broken left arm, fractured ribs, and a dislocated kneecap. The HSE's investigation revealed that the task was not part of the worker's usual duties, he had no electrical work training, and the job was neither properly planned nor risk assessed.
The electrical cables were not isolated, supervision was inadequate, and safety devices on the electrical supply were improperly set, prioritising continuity over safety.
“This incident could so easily have been avoided by properly planning the task, ensuring that all workers involved were suitably competent and making sure that electrical conductors were isolated before the work began."
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