Leeds drowning death: Construction firm BAM Nuttall Ltd fined over £2m after worker drowned in River Aire
A construction company has been fined over £2m after a worker drowned while working on a flood defence scheme in Leeds.
Experienced bargemaster Gary Webster, 60, died in hospital on October 30, 2017; two days after he was rescued from the River Aire at Stourton after the makeshift safety boat he was in capsized.
Mr Webster and another worker had been on a boat removing debris at the bottom of the weir gates at Knostrop Weir when the boat was pulled into turbulent water, caused by the considerable flow of water flowing over the top of the 2.6m high weir.
After the boat capsized 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 as a result of multiple organ failure, cardiac arrest and cold water immersion.
A Health and Safety Executive (HSE) investigation 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, based in Surrey, pleaded guilty to breaching the Health and Safety at Work etc. Act 1974 and was fined £2,345,000 at Leeds Magistrates’ Court yesterday (June 12). It was also ordered to pay £25,770.48 in costs.
HSE inspector Jayne Towey said: “This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.”
The Yorkshire Evening Post reported in 2020 that an inquest jury returned a narrative conclusion at Mr Webster’s inquest, which heard he wasn't given instructions on how to safely carry out the task and there was no formal risk assessment.
His brother Robert, said at the time: "Gary lost his life needlessly in our opinion.
"They have got a duty to safeguard people at work and there was no risk assessment. It was a disaster waiting to happen and it shouldn't have happened."
Paying tribute to his brother, Robert Webster said: "He was larger than life and had lots of friends. There were more than 400 people at his funeral."
A spokesperson for BAM said: "To Mr Webster’s family and friends, we extend our heartfelt condolences to you and we apologise for the tragedy which came before the court. We deeply regret that failures in our safety management allowed this incident to occur. Everyone should go home safe at the end of a day’s work. The fact Gary did not is a matter of solemn reflection.
“Safety remains our number one priority as a business. We have always held our hands up in relation to the events at Knostrop Weir and said we could have, and should have, done more to protect Gary. We are committed to continuous improvement and learning from every incident. After Gary’s death, we immediately took steps to ensure nothing similar could happen again, carrying out a review of our procedures and guidance for work near or over water.
“Whilst we cannot turn back the clock, we commit to doing our best to stop any similar incident happening in the future at any site we control.”