IN THE COURTS IN THE COURTS
CONSTRUCTION COMPANY PROSECUTED AFTER WORKER FALLS THROUGH UNPROTECTED FLOOR OPENING
A construction company based in the north-west of England, has been fined £60,000 after a wall collapsed, knocking an employee through an open stairwell onto a concrete floor below.
Ace Infra Ltd pleaded guilty after an incident led to employee, Mark Jones, to spend a month in hospital recovering from his injuries.
The court heard how Mr Jones, a general labourer, was sweeping up dust and debris on the first floor of the building at the end of the working day. Earlier that day, boards had been delivered and laid across a large opening in the floor where a staircase was to be installed. The boards did not cover the entire opening, and no edge protection had been installed around the remaining gap. There was no signage warning of the danger, and Mr Jones had received no instructions regarding his safety around this area.
While sweeping along the boards, a newly built wall to the left collapsed, knocking him over the unprotected edge onto the concrete floor 2.5 to 3 metres below.
The incident happened on 25 April 2024 at an Ace Infra site at NW Auctions Milnthorpe, Cumbria.
Mr Jones suffered multiple fractures and a dislocated shoulder, spending a month in hospital.
An investigation by the Health and Safety Executive (HSE) found that the risk of falling through the gap in the floor had not been addressed, as no preventative measures had been taken. Mr Jones had not been made aware of the risks or the safety measures required.
No site supervisor or manager was present when the incident occurred.
HSE guidance on working at height states that employers must take precautions to prevent falls from heights that could cause serious personal injury, including falls into floor openings. Employers have a duty to ensure workers are not exposed to risks to their health or safety.
Ace Infra Ltd, of 31 St James Drive, Burton, Carnforth, Cumbria, pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005 by failing to ensure that suitable and sufficient measures were taken, so far as was reasonably practicable, to prevent any person working at height from falling a distance liable to cause personal injury.
The company was fined £60,000 and ordered to pay £4,799.44 in costs, with a £2,000 victim surcharge at Lancaster Magistrates Court on 23 December.
HSE Inspector, Derek McLauchlan, said: “This incident could have been avoided had appropriate control measures and training been in place. Despite the serious injuries sustained, a fall of this height and nature could have resulted in far worse outcomes. Lessons must be learned from this case.”
This HSE prosecution was brought by HSE Enforcement Lawyer Chloe Ward and Paralegal Officer Zahra Shafique.
PACKAGING COMPANY CHARGED AFTER WORKERS EXPOSED TO HARMFUL GAS
A Cumbria-based producer of cellulose film packaging has been fined £200,000 after workers were exposed to harmful hydrogen sulphide gas.
On 24 December 2021, Futamura Chemical UK Ltd employee Alexander Cole was found collapsed in a pump room after exposure to gas at the company’s factory premises in Wigton, Cumbria. Delivery driver, Robert Dyer, attempted to assist Mr Cole but was also overcome by the gas. Both men were rescued from the area and Mr Dyer quickly regained consciousness. Tragically, Mr Cole died in hospital the following day, which was Christmas day. A subsequent inquest concluded that, on the balance of probabilities, hydrogen sulphide had contributed to Mr Cole’s death.
An investigation by the Health and Safety Executive (HSE) found that Futamura Chemical (UK) Ltd failed to adequately risk assess its production process, as it did not identify that hydrogen sulphide gas, a by-product of the process, was able to enter the site’s water effluent system.
The court heard that Futamura Chemical UK Ltd had conducted a risk assessment for the presence of hydrogen
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sulphide in the production area and implemented control measures. However, there was inadequate assessment and associated risk controls relating to the potential for hydrogen sulphide build-up in the site’s drainage system. This meant there was a risk that the gas could be released from the drains, putting people at risk of exposure.
Hydrogen sulphide is a clear gas with the smell of rotten eggs and is known to be harmful to health. Depending on the concentration of the gas and the length of time exposed, symptoms can range from dizziness, loss of consciousness and eye irritation through to death.
Futamura Chemical UK Ltd, of Station Road, Wigton, Cumbria, pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £200,000 and ordered to pay £20,000 in costs at Warrington Magistrates’ Court on 6 January 2026.
This HSE prosecution was brought by HSE Enforcement Lawyer Karen Park and Paralegal Officer Benjamin Stobbart.
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