Worker drowns and loses life two days later

A Health and Safety Executive (HSE) investigation was carried out after the death of a construction worker. Gary Webster, a 60-year-old man was repeatedly pulled under water after his boat capsized during routine cleaning of the River Aire.

Mr Webster and another worker (who managed to swim to safety) had been removing debris at the bottom of the weir gates at Knostrop Weir. The accident occured when the boat they were using was pulled into churning water due to the considerable rush of water flowing over the top of the weir.

Mr Webster was eventually recovered by a dive team 14 minutes later but was pronounced dead two-days later on November the 1st 2017.

The investigation found that BAM Nuttall Ltd had several operatives who were trained and authorised to control the weir gates so that the flow of the water could be slowed down.

If the flow of water had been slowed down, the likelihood of debris being stuck in churning water would have been dramatically reduced. This would have allowed the debris to float away, ensuring that Mr Webster and his colleague were able to collect debris safely. However, the company failed to carry out this simple task.

BAM Nuttall Limited, of Knoll Road, Camberley, Surrey, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £2.345 million and ordered to pay £25,770.48 in costs at Leeds Magistrates’ Court on 12 June 2024.

HSE inspector Jayne Towey said: “BAM Nuttall Ltd failed to plan the work. It failed to carry out any assessment of the risks involved with the task. It failed to have any regard to the recognised hierarchy of controls to reduce the risk associated with removing debris from the water. It 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.” This prosecution was brought by HSE enforcement lawyer Jonathan Bambro and supported by HSE paralegal officer Sarah Thomas.