Leeds drowning death: Company fined more than £2m

A construction company has been fined more than £2 million after a worker drowned while working on a flood defense project in Leeds.

Gary Webster, 60, was one of two men on a boat trying to retrieve a gas can from the bottom of the gates at Knostrop Weir on the River Aire when the boat overturned.

The Health and Safety Executive (HSE) said he was rescued by a diver after almost 15 minutes and taken to hospital, but died two days later on 1 November 2017. His colleague managed to swim to safety.

Employer BAM Nuttall Ltd pleaded guilty to breaching the Health and Safety at Work Act and was fined £2.345m at Leeds Magistrates’ Court.

The company, based in Camberley, Surrey, was also ordered to pay costs of £25,770.48 during Wednesday’s hearing.

The concerns were raised by Kevin McLoughlin, senior coroner for West Yorkshire (East).

He recorded his cause of death as cardiac arrest, multiple organ failure and immersion in cold water – noting that there was a risk of further deaths if the company did not take preventative measures.

An HSE investigation found that BAM Nuttall Ltd could have slowed the flow of water at the dam using gates but failed to do so.

He said the company had several agents who were trained and authorized to man the dam gates, which would have allowed the debris to float or be safely reached by boat.

HSE inspector Jayne Towey said BAM Nuttall Ltd had not planned the work or carried out any assessment of the risks involved.

“This incident could have been so easily avoided by simply applying the correct controls and safe work practices,” she said.

A BAM Nuttall spokesman apologized to Mr Webster’s family.

They said: “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. That Gary did not is a matter of solemn reflection.

“Safety remains our number one priority as a business.

“We have always raised our hand about the events at Knostrop Weir and said we could and should have done more to protect Gary.”

They added: “While we cannot turn back the clock, we are committed to doing everything we can to stop any similar incident happening in the future in any place we control.”