Summary
Bertschi UK Limited has been fined £425,000 and ordered to pay £119,258 in costs following the death of warehouse supervisor Peter Hutchinson. In November 2021, the 60-year-old employee fell 1.5 metres from a mobile loading ramp onto a concrete floor at the company’s Middlesbrough site. The incident occurred when a plastic bale slipped from a forklift, causing Mr Hutchinson to step backwards off the unguarded ramp. He died in hospital several weeks later. An investigation by the Health and Safety Executive (HSE) found that the company failed to install handrails on the ramp, despite explicit manufacturer instructions, and failed to properly plan the loading activity.
Analysis
The prosecution highlights a systemic failure to adhere to the “hierarchy of control” mandated by the Work at Height Regulations 2005. Bertschi UK Ltd failed on three primary levels:
Failure to Avoid Risk: The company did not sufficiently consider reasonably practicable alternatives that would have removed the need to work at height, such as using ground-level loading or existing permanent loading bays.
Disregard for Equipment Specifications: By allowing pedestrian access to a ramp without handrails, the company ignored the manufacturer’s safety requirements, directly leading to the fatal fall.
Inadequate Risk Management for New Processes: As this was a new activity, the company failed to identify that changing established working practices introduces new hazards. The lack of a comprehensive risk assessment meant that the dangers of the mobile ramp were never mitigated.
The substantial fine reflects the gravity of these breaches and serves as a reminder that the HSE prioritises enforcement when businesses ignore clear safety instructions and fail to protect employees from preventable falls.