HSE Crown Censure and Prosecution After Fatal Tank Explosion

Brief Summary

HSE authorised enforcement action following investigation of a fatal tank explosion at Castlemartin Range in Pembrokeshire in 2017. Two soldiers died and another was left seriously injured when an L30 gun exploded on a Challenger 2 tank. The Ministry of Defence received a Crown Censure for duties to its soldiers, and a defence contractor was charged for duties to people not in its employment.

What Was The Incident?

In June 2017, an L30 gun exploded on a Challenger 2 tank at Castlemartin Range in Pembrokeshire. The explosion killed two soldiers and left a third seriously injured.

What Was The Outcome?

HSE authorised a Crown Censure of the Ministry of Defence under section 2 of the Health and Safety at Work etc Act 1974 for failing to ensure the health, safety and welfare of soldiers. HSE also authorised a charge against the defence contractor under section 3 of the same Act for failing to ensure the health and safety of persons not in its employment. HSE states that authorisation of charges or a Crown Censure is not a finding of guilt and that no other organisations or individuals were charged.

Key Points To Consider

Assume ownership of safety case responsibilities. Where a safety case is produced by others, the duty holder that retains ultimate responsibility for health and safety must still ensure the safety case is suitable and sufficient.

Cover duties to people not in your employment. Contractors with design and production responsibilities must ensure that arrangements protect persons beyond their direct workforce, not only those they employ.

Ensure effectiveness of safety arrangements in practice. Fatal incidents highlight the need for robust control of hazards so that safety case assumptions translate into safe outcomes when equipment is used.

Use investigation findings to drive enforcement decisions. HSE investigation and legal review led to Crown Censure and criminal charges authorisation, showing how evidence is assessed against the Code for Crown Prosecutors.

Understand enforcement statements and their limits. A Crown Censure or authorisation to charge is not a finding of guilt, but it signals serious concerns that organisations should address through improved governance and control.

HSE Prosecution Link