A principal contractor has been fined after a man fell from a tipping bucket on a fork lift truck in Kent.
Aaron Back, 41, a father of four, spent months in hospital after the incident at the EMIR site on Wotton Road in Ashford on 28 March 2023. The then 38-year-old had been contracted by South East Refurbishment Limited to carry out work dismantling pipework. He was in a raised tipping bucket on a fork lift truck at the time when he fell out of it to the concrete floor below.
The HSE’s investigation found that a scissor lift had been ordered to undertake the work but was too tall to enter the area where it was taking place – so the fork lift truck was used instead.
It also found that no suitable arrangements were in place to manage the company’s contractors and ensure safety on the site. No actions had taken by the company either to ensure a different safe system of working was undertaken.
Although the company provided equipment to its labour-only subcontractor there was no training in place for relating to the fork lift truck or scissor lift for Mr Back or his sub-contractor. There was no instruction or procedure in place to ensure only trained operatives could get access to these and no adequate supervision on site.
The HSE found significant failings by the company relating to unsafe work at height over a prolonged period of time, relevant advice and enforcement was given to them from 2013 regarding control of contractors and unsafe working at height.
South East Refurbishment Limited of Unit 5 Aja Business Centre Laker Road, Rochester, Kent, pleaded guilty to Health and Safety at Work etc Act 1974, section 3(1).The company was fined £90,000 and ordered to pay costs of £27,241 at Margate Magistrates Court on 7 July 2026.
Falls from height remain one of the leading causes of serious workplace injuries and fatalities. This incident highlights the importance of carrying out suitable risk assessments, selecting the right equipment for the task, ensuring workers are properly trained and competent, and maintaining effective supervision and contractor management. When work at height cannot be avoided, robust risk-based controls are essential to prevent life-changing injuries, protect workers, and ensure legal compliance. A failure to follow these principles can have devastating human consequences as well as significant financial and reputational costs for organisations.
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