Peter Hutchinson went to work on 4 November 2021. He was 60. He'd been with the company for twelve years.
He was helping load plastic waste bales into a shipping container at a chemical logistics site in Middlesbrough when a bale slipped from a forklift. He stepped backwards. Fell 1.5 metres from a mobile loading ramp onto a concrete floor.
He died in hospital nineteen days later.
Bertschi UK Limited was fined £425,000 at Teesside Crown Court on 17 July 2026.
What the HSE Investigation Found
The Health and Safety Executive found that Bertschi UK Limited had failed to properly assess the risks associated with the loading operation. Specifically:
- The mobile loading ramp had no handrail fitted. Despite the manufacturer's instructions explicitly stating that pedestrians must not use the ramp without one
- The company had not considered whether the work at height was necessary at all. Existing loading bays were available that would have kept workers at ground level throughout
- There was no adequate planning or risk control for pedestrian use of the ramp
The company was found guilty of breaching Section 2(1) of the Health and Safety at Work etc Act 1974, Regulation 6(2) of the Work at Height Regulations 2005, and Regulation 4(1)(a) of the Work at Height Regulations 2005.
The Detail That Should Concern Every Employer
The missing handrail is the obvious failure. But the finding that cuts deeper is this: nobody appears to have asked whether anyone needed to be on that ramp at all.
The Work at Height Regulations 2005 require employers to avoid work at height where it is reasonably practicable to do so. In this case, HSE found it was. Loading bays existed. The risk could have been designed out entirely.
"We've always done it this way" is not a risk assessment.
Peter's wife Karen described him as her "always and forever." He had worked for Bertschi since around 2009.
What This Means for Your Business
If your business uses mobile loading ramps, elevated platforms, or any operation where workers access height. Even briefly, even as a routine part of a task. This case applies to you.
The key questions to ask:
- Can the work be done without anyone going to height? If yes, that should be the default.
- If height cannot be avoided, what controls are in place? Edge protection, handrails, and fall arrest systems are not optional extras.
- Have you checked your equipment against manufacturer guidance? The manufacturer in this case had clearly stated handrails were required. Bertschi had not acted on that.
HSE inspector Cain Mitchell said: "This was a new activity. Changes to established working practices can introduce new risks and employers must ensure those risks are identified and controlled before work begins."
New operations, new equipment, changed processes: these are the moments when existing risk assessments need to be revisited, not assumed to still apply.
Further reading: