The Health and Safety Executive (HSE) has authorised a Crown Censure against the Ministry of Defence (MoD) and initiated a prosecution against defence contractor Rheinmetall BAE Systems Land Ltd. This decisive action follows a comprehensive investigation into a fatal tank explosion in Pembrokeshire in 2017, which tragically resulted in the deaths of two soldiers and left a third seriously injured.
The incident occurred on 14 June 2017 at Castlemartin Range in Pembrokeshire, where an L30 gun on a Challenger 2 tank exploded. The blast claimed the lives of Corporal Darren Neilson, 31, and Corporal Matthew Hatfield, 27. Two other soldiers sustained injuries, with one suffering life-changing consequences, highlighting the severe risks involved in military training operations.
The HSE’s investigation identified critical safety failings. Rheinmetall BAE Systems Land Ltd, formerly known as BAE Systems Global Combat Systems Ltd, held the crucial responsibility for producing the Safety Case for both the Challenger 2 tank and its L30 gun. A Safety Case is a comprehensive document that demonstrates that all risks associated with an operation or piece of equipment have been identified, assessed, and adequately controlled to ensure safety. Its thoroughness and accuracy are paramount in high-risk environments such as military operations.
Concurrently, the Ministry of Defence bore the ultimate responsibility for the health, safety, and welfare of its soldiers. This included ensuring the suitability and sufficiency of the Safety Case provided by its contractors. The HSE’s findings indicated that both parties failed in their respective duties to uphold these fundamental safety standards.
Following a meticulous review by HSE’s legal services division, in accordance with the Code for Crown Prosecutors, the following actions have been authorised:
- A Crown Censure against the Ministry of Defence for failing to ensu
- re the health, safety, and welfare of soldiers, in contravention of Section 2 of the Health & Safety at Work etc Act (1974).
A charge against Rheinmetall BAE Systems Land Ltd for failing to ensure the health and safety of persons not in its employment, under Section 3 of the Health & Safety at Work etc Act (1974).
A Crown Censure represents the most severe sanction available to the HSE against a Crown body. While it does not carry a financial penalty, it is equivalent to the authorisation of criminal charges against a non-Crown body. A formal hearing will be conducted to confirm the censure, which, if confirmed, will serve as an official reprimand and establish a lasting, public record of the Crown body’s failure to comply with health and safety law. This mechanism ensures accountability even where traditional prosecution and fines are not applicable.
It is important to note that neither the authorisation of criminal charges nor a Crown Censure constitutes a formal finding of guilt at this stage. These actions initiate legal proceedings and formal accountability measures. No other organisations or individuals have been charged in connection with this tragic incident.
The Crown Censure of the MoD and the criminal charges against Rheinmetall BAE Systems Land Ltd are proceeding as separate legal processes, each following its own timeline. The HSE underscores the importance of stringent safety protocols and robust safety cases in all high-risk industries, particularly those involving complex machinery and the lives of personnel. This case serves as a stark reminder of the critical need for all organisations, including government bodies and their contractors, to adhere to the highest standards of health and safety to prevent such devastating incidents.
This story was originally published by HSE Media Centre.
