A principal contractor has been fined after a man was left “physically ruined” after falling 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.
An investigation by the Health and Safety Executive 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.
In a victim personal statement, Aaron Back said:
“Since the incident I am physically ruined.
“My left hand side doesn’t work properly. I can’t push off from my toes on my left so I struggle to get up and walk around. My back also causes me excruciating pain.
“This accident has destroyed me as a person, it has taken away my identity. I miss taking my kids to football.
“I have worked hard to improve and get better. I want to be that person again.
“I worked hard for the company and I have been given a lifetime sentence. I would give anything to be normal again, to be back to being me.”
Investigation Findings
The HSE investigation found that no suitable arrangements were in place to manage the company’s contractors and ensure safety on the site. No action had been taken by the company 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 relating to the fork lift truck or scissor lift for Mr Back or his subcontractor. There was no instruction or procedure in place to ensure only trained operatives could access this equipment, and no adequate supervision was in place on site.
HSE found significant failings by the company relating to unsafe work at height over a prolonged period. Relevant advice and enforcement had been given to the company from 2013 onwards regarding control of contractors and unsafe working at height.
Falls from height remain the leading cause of workplace death and injury. The latest HSE statistics show they accounted for over a quarter of all work related deaths in 2025/26.
HSE guidance sets out what employers must do to protect employees from falls from height, including making sure work is properly planned, supervised and carried out by competent people.
South East Refurbishment Limited, of Unit 5 Aja Business Centre, Laker Road, Rochester, Kent, pleaded guilty to a breach of Section 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £90,000 and ordered to pay costs of £27,241 at Margate Magistrates’ Court on 7 July 2026.
HSE inspector Joanne Williams said:
“Falls from height continue to be the leading cause of workplace fatalities in Great Britain, with 31 people losing their lives in the past year.
“The construction industry remains the sector that accounts for the greatest number of workers killed each year.
“These figures do not include those individuals who have sustained serious, life changing injuries resulting from a fall from height.
“In this case, Aaron and his family have had their lives changed forever following what was a completely avoidable incident.”
This HSE prosecution was brought by HSE enforcement lawyer Chloe Ward and assisted by paralegal Jason Dix.
This story was originally published by HSE Media Centre.
