A construction company has been fined after a man drowned when a boat capsized.
Gary Webster, 60, died two days after the incident on the River Aire in October 2017.
Mr Webster and another worker had been on a boat removing debris at the bottom of the weir gates at Knostrop Weir when their boat capsized.
The boat had been pulled into turbulent water, caused by the considerable flow of water flowing over the top of the weir.
The 60-year-old was repeatedly pulled under the water, before being rescued by a diver 14 minutes later.
The other worker managed to swim to safety.
Mr Webster was pronounced dead at Leeds General Infirmary on 1 November 2017.
A Health and Safety Executive (HSE) investigation found BAM Nuttall Ltd had several operatives who were trained and authorised to control the weir gates.
This meant the flow of the water could be slowed down.
HSE: “This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices”
This would’ve allowed the debris to float away or be reached safely by boat.
However, the company failed to do this.
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BAM Nuttall Limited, of Knoll Road, Camberley, Surrey, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.
The company was fined £2.345 million.
It was also ordered to pay £25,770.48 in costs at Leeds Magistrates’ Court on 12 June 2024.
HSE inspector Jayne Towey said: “BAM Nuttall Ltd failed to plan the work.
“It failed to carry out any assessment of the risks involved with the task.
“It failed to have any regard to the recognised hierarchy of controls to reduce the risk associated with removing debris from the water.
“It failed to ensure that suitable safety measures were in place and failed to put in place a safe system of work.
“This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.”
This prosecution was brought by HSE enforcement lawyer Jonathan Bambro and supported by HSE paralegal officer Sarah Thomas.
