Almost £1 million fine after worker fell 15ft at Devonport
Two companies have pleaded guilty to health and safety failings
Last updated 27th Mar 2024
Almost a million pounds in fines has today been given out to two firms after a worker was injured at Devonport while working on a Naval ship.
It happened in April last year, and followed a similar incident two years before on the same vessel in the same 'lightening hole'.
Plymouth Magistrates today heard that health & safety changes were not made after the first incident.
The scaffolder fell 15ft and sustained multiple injuries - and needed a hole to be drilled into his shin on site so he could be given morphine.
The scaffolder, employed by Kaefer Limited, fell during maintenance work which Plymouth Magistrates heard was a 'terrible, tragic accident'. 'leaving serious injures with a lasting impact'
The incident occurred on the Devonport Royal Dockyard (DRDL) nuclear licensed site in Plymouth onboard HMS Bulwark.
The court heard the employers accept responsibility and also - in court - issued an apology to the injured employee as they entered guilty pleas to the three health and safety charges.
DRDL must pay £757,589 and Kaefer Limited £154,249.
The scaffolder fell 15ft onto a hard surface and sustained multiple injuries which required the medical team at the scene to drill a hole in his shin to administer morphine into his leg.
The injuries included two broken fingers and broken bones in his left hand - and he spent two months in hospital followed by two weeks in a rehabilitation centre and continues to suffer life-long impacts.
During the hearing, it was also reflected that a previous incident surrounding 'working in proximity of uncovered holes' in 2021 had resulted in calls for a change but it was claimed 'staff had not been briefed' and changes were only made after the second incident.
The Office for Nuclear Regulation, which was called to help investigate because of the location, confirmed the incident on 11 April 2023 'was a conventional health and safety matter and there was no radiological risk to the public'. HMS Bulwark is a 'surface ship' with no nuclear components.
The court heard the site has a 'good health and safety record', there was 'genuine remorse' and the incident was not the result of cost-cutting.
There are 54 ballast tanks on HMS Bulwark, including 18 'lightening holes' which 'enable the flow of water in to and out of the ballast tank voids when the ship is at sea - effectively making the ships gross load heavier or lighter'.
The court was told there was 'no formal system in place with regards to covering the holes' and 'sometimes work appears to have been undertaken with the holes uncovered and on other occasions they were covered'.
In January 2021 a Kaefer employee sustained injury when falling into the very same lightening hole on HMS Bulwark.
A report prepare for the court found: "It would appear that Kaefer produced a report containing a number of recommendations including checking that covers were in place at the beginning and end of each shift but these recommendations were never implemented."
After the hearing, Dan Hasted, ONR’s Director of Regulation - Operating Facilities Division, said: “We welcome today’s outcome which recognises that Devonport Royal Dockyard Limited and Kaefer Limited failed in their duty to protect workers.
"This incident was entirely avoidable and was the result of a series of significant failings on the part of both organisations involved in this work.
"Nobody should go to work and not come home in a fit and healthy state.
"Devonport Royal Dockyard Limited and Kaefer Limited have fully cooperated with us throughout our investigation and we welcome their guilty pleas.
“The safety of workers at licensed nuclear sites is absolutely paramount and we will continue to hold the industry to account in order to protect workers and the public.”
As part of the sentencing determination, District Judge Matson ruled the health and safety breaches represented a medium culpability (higher end) and a category 3 level of harm for both defendants, with DRDL classed as a ‘very large organisation’ and Kaefer Limited a 'large organisation.'