A Devon media company has been fined £45,000 and its director handed a suspended prison sentence after an employee suffered serious head and brain injuries while filming from a moving vehicle.
The employee was working for Superhub Ltd on 14 May 2021, filming a video review of an electric motorbike at Broadsands car park in Paignton.
Employee injured during vehicle filming
Following planned drone filming, the team decided to capture additional footage from a moving car, with the motorbike travelling behind.
The employee climbed into the boot of a vehicle driven by company director James Foster.
After several laps of the car park, the boot liner slipped as the vehicle began moving, causing the employee to fall onto the tarmac.
He sustained serious injuries requiring long term care and has been unable to return to work.
Investigation identifies safety failures
A joint investigation by Devon and Cornwall Police and the Health and Safety Executive found that no risk assessment had been completed.
Investigators also determined that the vehicle was unsuitable because it lacked appropriate restraints for the employee and filming equipment.
HSE guidance advises against filming from open boots, footwells, sunroofs or side doors of moving vehicles without suitable safety controls.
Company and director sentenced
Superhub Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.
Foster admitted breaching Section 37(1) of the same legislation and causing injury by wanton and furious driving.
At Exeter Crown Court on 14 October, Superhub Ltd received a £45,000 fine and was ordered to pay £3,000 in costs.
Foster received a 16 month prison sentence, suspended for two years, and was ordered to pay £2,500 in costs.
HSE Inspector Emma O’Hara said: “An employee suffered life-changing injuries as a result of an incident that should never have happened and could easily have been prevented.
“Those responsible for filming activities must properly assess the risks and ensure that suitable equipment and safety measures are in place before work begins.
“No film, photo, or piece of content is ever worth risking someone’s life. Safety must always come first, and no filming activity should put people in harm’s way.”
“The sentences imposed today should serve as a reminder that HSE will not hesitate to take action against companies and individuals who fail to meet their responsibilities to protect people from harm.”
