Contractor Fined After Man Left ‘Physically Ruined’ in Fall from Height

A principal contractor has been fined after a man was left ‘physically ruined’ when he fell from a tipping bucket on a fork lift truck in Kent.

Father of four, Aaron Back, 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 (HSE) 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.

No Training or Supervision

The HSE investigation found that no suitable arrangements were in place to manage the company’s contractors and ensure safety on site. No actions were taken by the company either 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 Aaron Back or his sub-contractor. There was also no instruction or procedure in place to ensure only trained operatives could get access to these and no adequate supervision on site.

HSE found significant failings by the company relating to unsafe work at height over a prolonged period of time. Relevant advice and enforcement was given to them from 2013 regarding control of contractors and unsafe working at height.

Physically Ruined

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.”

Contractor Fined

South East Refurbishment Limited of Unit 5 Aja Business Centre Laker Road, Rochester, Kent, pleaded guilty to Health and Safety at Work etc Act 1974, section 3(1).

The company was fined £90,000 and ordered to pay costs of £27,241 at Margate Magistrates Court on 7 July 2026.

Falls from height remain the leading cause of workplace death and injury with the latest statistics from HSE showing that they account for over a quarter of all work related deaths in 2025/26.

HSE guidance states what an employer must do to protect their employees from falls from height including making sure work is properly planned, supervised and carried out by competent people.

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 that 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.”

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