Wilts and Berks Canal Trust has been fined after pleading guilty to breaching section 3(1) of the Health & Safety at Work Act 1974 following a fatal incident during restoration works on the Wilts and Berks canal. 

On 24 August 2016, volunteer Peter Konitzer had been removing the temporary propping supporting a section of wall when that section collapsed, fatally crushing him. 

Following the incident, a joint investigation by the Health and Safety Executive (HSE) and Wiltshire Police found that the Canal Trust had failed to put in place clear methods to safely install or remove the temporary propping, which could have mitigated the risk to volunteers. The HSE inspector stated that the incident was ‘wholly avoidable’, had a suitable safe system of work been implemented ahead of the construction work taking place.

The Trust were fined £30,000 along with £10,822 in costs and £6,043.16 in compensation.

The Canal Trust’s health and safety obligations are the same as any employer, to ensure that their conduct does not, so far as is reasonably practicable, expose workers to risks to their health and safety. The duty covers both employees and anyone who may be affected by their activities, including volunteers.

Crucially, adequate information and training must be provided to those carrying out the work, especially when they are volunteers who may not be experienced with construction work, and particular consideration should be given as to whether duties like this are appropriate to delegate to volunteers.