The construction industry witnessed a significant legal ruling involving a worker’s tragic death.
- Bam Nuttall faced legal consequences after a worker drowned during a project in Leeds.
- A series of safety oversights emerged during the investigation of the incident.
- The company’s failure to implement control measures was central to the case.
- A substantial fine underscores the importance of safety compliance.
The legal case against Bam Nuttall centred around the unfortunate death of 60-year-old Gary Webster, an experienced boatman. On 30th October 2017, while working on the Leeds Flood Alleviation Scheme, Webster and another employee were involved in an accident on the River Aire. Their attempt to retrieve a propane gas cylinder from the bottom of the Knostrop Weir ended in tragedy when their boat was caught in turbulent water, capsizing under the weir’s intense flow. Despite his expertise, Webster was repeatedly drawn under the water until a diver recovered him 14 minutes later. Sadly, he was pronounced dead two days later at Leeds General Infirmary, while his colleague managed to survive by swimming to safety.
The project, part of a £23 million flood defence scheme undertaken by a joint venture that included Bam Nuttall and Mott MacDonald, came under scrutiny following the accident. An investigation by the Health & Safety Executive (HSE) unveiled that Bam Nuttall had previously trained and authorised operatives to control the weir gates to reduce water flow, a safety measure not employed at the time. This oversight significantly contributed to the hazardous conditions that led to the boat’s capsize.
In court, Bam Nuttall Limited admitted to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. As a result, they were fined £2.345 million and ordered to cover additional costs of £25,770.48. HSE inspector Jayne Towey criticised the company, stating that numerous failures were apparent, including inadequate planning of the work, lack of risk assessment, and neglect of the recognised hierarchy of controls. These failures meant that essential safety measures were overlooked, and a safe system of work was not put in place. Her statement emphasized that the tragic incident could have been avoided had proper safety practices been followed.
The ramifications of this case highlight the critical importance of adhering to safety protocols in construction projects. The significant fine imposed on Bam Nuttall serves as a stark reminder to the industry of the severe consequences that can arise from neglecting safety responsibilities.
This case underscores the non-negotiable nature of safety standards within the construction sector.
