Companies fined £900k after scaffolder falls through hole during HMS Bulwark maintenance

The employee fell 15ft to the bottom of the ballast tank. Credit: Office for Nuclear Regulation

Two companies have been fined almost £900,000 after a scaffolder was seriously injured when he fell through a hole on a Royal Navy Warship.

Devonport Royal Dockyard Limited (DRDL) and Kaefer Limited were handed the fine, totalling £896,660 at Plymouth Magistrates Court.

On 11 April 2023, a Kaefer Limited employee was dismantling scaffolding as part of maintenance work on board HMS Bulwark at Devonport Royal Dockyard, in Plymouth.

As he climbed down the ladder, he stepped back and fell 15ft through an uncovered hole, which allows water to move between decks.

Scaffolding boards used to cover the halls were 'unsatisfactory alternatives' Credit: Office for Nuclear Regulation

The employee sustained serious injuries including multiple fractures to his pelvis, a splintered wrist, a dislocated elbow and broken bones in his arm, hand and fingers.

Some of the breaks required pinning and he spent two months in hospital and a further fortnight in a rehabilitation centre before returning home.

DRDL pleaded guilty to failing to ensure people not in its employment were not exposed to risks to their health and safety.

It also admitted failing to ensure that its employees were not exposed to similar risks.

Kaefer Limited pleaded guilty to failing to ensure the health and safety of its employees while working at height.

District Judge Jo Matson ordered DRDL to pay a fine of £750,000 and Kaefer Limited a fine of £146,660, along with prosecution costs of £5,589.

Area on HMS Bulwark where the scaffolder fell Credit: Officer for Nuclear Regulation

The court heard the companies should have known the holes presented a risk of injury as there had been a previous incident on the same site in January 2021.

On that occasion, a Kaefer contractor had fallen into the same hole but had managed to avoid serious injury.

Although a report about this earlier incident suggested a means of preventing further similar accidents, it was not actioned, the court was told.

Dan Hasted, from the Office for Nuclear Regulation which prosecuted the case, said: “We welcome today’s outcome which recognises that Devonport Royal Dockyard Limited and Kaefer Limited failed in their duty to protect workers.

"This incident was entirely avoidable and was the result of a series of significant failings on the part of both organisations involved in this work.

"Nobody should go to work and not come home in a fit and healthy state.

“Devonport Royal Dockyard Limited and Kaefer Limited have fully cooperated with us throughout our investigation and we welcome their guilty pleas.

“The safety of workers at licensed nuclear sites is absolutely paramount and we will continue to hold the industry to account in order to protect workers and the public.”