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June 13, 2024

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Construction company fined £2.34m after worker drowned in river

A construction company has been fined £2.34 million following the death of a worker.

Gary Webster lost his life two days after drowning in the River Aire on 30 October 2017.

Leeds Magistrate Court. Credit: Alamy Stock

Mr Webster and another worker had been on a boat removing debris at the bottom of the weir gates at Knostrop Weir when their boat capsized. The boat had been pulled into turbulent water, caused by the considerable flow of water flowing over the top of the weir.

The 60-year-old was repeatedly pulled under the water and was eventually recovered by a diver 14 minutes later. The other worker managed to swim to safety.

Mr Webster was pronounced dead on 1 November 2017 at Leeds General Infirmary.

Company had “failed to plan the work”

The Health and Safety Executive (HSE) found 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. This would have allowed the debris to float away or be reached safely by boat. However, the company failed to carry out this task.

BAM Nuttall Limited 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.”

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