Miller UK Ltd, a Northumberland-based manufacturer of earth moving attachments, has been fined £173,334 after a 25-year-old employee sustained multiple fractures when an excavator bucket collapsed on him during repairs. The incident, which occurred on 10 November 2023, prompted a Health and Safety Executive (HSE) investigation that also uncovered serious deficiencies in controlling exposure to hazardous welding fumes.
Investigation Uncovers Wider Safety Failings, Including Welding Fume Exposure
The man was working within the mouth of an excavator bucket at the company’s Cramlington site, removing worn steel pieces, when its structural integrity failed. The bucket collapsed, trapping him inside. Two colleagues used an overhead crane to lift the heavy attachment, enabling the injured worker to crawl free. He was left with eight fractured ribs, two fractured knees, two fractured vertebrae, and a bruised left lung, highlighting the severity of the incident.
The subsequent investigation by the HSE revealed that Miller UK Ltd had failed to conduct a suitable and sufficient risk assessment for the repair work being undertaken. Crucially, the company had not provided a safe system of work or adequate instruction to its employees regarding such tasks. These oversights directly contributed to the dangerous conditions that led to the bucket’s collapse and the worker’s significant injuries.
Furthermore, during a follow-up inspection, HSE inspectors observed additional safety breaches. Workers were seen using plasma cutters and welding equipment without appropriate control measures to manage the risks associated with exposure to welding fume. Welding fume is a known hazardous substance capable of causing cancer and other serious health issues, underscoring the gravity of this failing.
The investigation identified that Miller UK Ltd had also neglected to carry out a suitable and sufficient assessment of the risks linked to welding fume exposure within its repair department. Consequently, the company failed to implement and monitor necessary measures, such as the use of local exhaust ventilation, to reduce exposure to welding fume to a level as low as reasonably practicable. This systemic failure put numerous workers at long-term risk of serious health complications.
Miller UK Ltd, based in Cramlington, Northumberland, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, which concerns the general duty to ensure the health, safety and welfare at work of all employees. The company also admitted to breaching Regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002, pertaining to the control of substances hazardous to health.
At North Tyneside Magistrates Court on 2 October 2026, the company was ordered to pay a total fine of £173,334, alongside costs of £8,674. HSE inspector Matthew Dundas commented on the case, stating, “Our investigation identified that the repair work taking place was not being done safely and it left the man with serious injuries. Had the company identified the risk and ensured its employees were adequately instructed and trained, this incident would not have happened.”
Inspector Dundas further emphasised the unusual nature of the case, where an initial investigation into a serious injury uncovered additional, significant failings. “As a result of the investigation, it was identified that other workers were not being adequately protected from the risks of welding fume,” he noted. “I hope this case highlights that HSE can and will take action when duty holders fail to discharge their health and safety obligations.” This prosecution serves as a stark reminder to all employers of their legal and moral responsibilities to protect their workforce from both immediate physical hazards and long-term health risks.
This story was originally published by HSE Media Centre
