Life Changing Injury During Filming From A Moving Vehicle

Brief Summary

An employee filming a motorbike review was put into the open boot of a moving car for additional shots. No risk assessment was carried out, the vehicle and arrangements were unsuitable and the worker suffered serious head and brain injuries requiring long term care. The case shows the need for specific planning and controls for filming that involves moving vehicles.

What Was The Incident?

On 14 May 2021 an employee was filming a video review at a car park. After using a drone the team decided to capture tracking footage from a moving car with the motorbike following. The employee climbed into the open boot while the vehicle completed several laps. As the car moved the boot liner slipped and the worker fell onto the tarmac. He sustained serious head and brain injuries, requires long term care and has been unable to return to work. A joint investigation by the police and the regulator found no risk assessment for the filming activity and that the car offered no safe means to secure the worker or their equipment while the vehicle was moving. Regulator guidance warns against filming from foot wells, sunroofs, open boots or side doors unless suitable controls are in place and says tracking shots should use suitable vehicles with crew restrained.

What Was The Outcome?

The employer pleaded guilty to breaching a duty under the Health and Safety at Work etc Act 1974 and was fined 45,000 with 3,000 in costs. The director pleaded guilty to the related offence and to causing injury by wanton and furious driving. The director received a 16 month prison sentence suspended for two years and was ordered to pay 2,500 in costs. The regulator led the prosecution following the joint investigation.

Key Points To Consider

Plan and record risk assessments for filming activities. Ensure every shoot that involves moving vehicles has a written risk assessment that covers the specific task hazard controls for tracking shots, who is exposed and how people and equipment will be secured before any filming starts.

Confirm vehicle suitability and safe means of restraint. Verify that the chosen vehicle can maintain its structural integrity for the task, provide appropriate seating or fixings for people and kit, and remove improvised arrangements such as standing or riding in an open boot.

Define roles, competence and stop work authority. Assign responsibility for safety decisions, make sure all crew understand safe systems for vehicle work, provide task specific training and empower anyone on site to stop filming if safety controls are absent or fail.

HSE Prosecution Link