The owner of a paddleboard company who caused the deaths of four people on a flooded river in Wales has been sentenced to 10-and-a-half years in prison after being found guilty of gross negligence manslaughter. IOSH magazine looks at what lessons members can learn from the case.
What happened?
Operating under her business she organised a stand-up paddleboarding tour in October 2021, despite severe weather warnings and hazardous river conditions due to heavy rainfall. She failed to conduct proper risk assessments, did not provide safety briefings, and neglected to inform participants about a dangerous weir on the River Cleddau in Haverfordwest. As the group approached the weir, several participants were swept over and became trapped in the turbulent waters.
3 participants drowned and the co-instructor, who initially exited the river safely, re-entered to attempt to rescue others but was also swept away and drowned.
The investigation
A joint investigation by Dyfed-Powys Police and the Health and Safety Executive (HSE) found that she was not correctly qualified to lead a stand-up paddleboard river tour. She did not check the weir or provide a safety briefing to the participants or inform them of the presence of the weir. She also failed to collect emergency contact details of participants.
In court
The owner admitted all four charges of gross negligence manslaughter, along with one count under the Health and Safety at Work Act. She was jailed for more than a decade.
Speaking after sentencing, HSE inspector Helen Turner said she was ‘solely responsible’ for the decision to enter the water while the river was in flood, and for the attempt to take even inexperienced paddlers over the weir, describing it as ‘completely reckless’. ‘The victims placed their trust in her to deliver a safe and enjoyable paddle, but through her incompetence, carelessness and complacency she failed to plan or assess the obvious risk at the weir or to take even basic safety measures,’ added Turner. ‘By not discussing the hazards on the route she robbed the participants of the opportunity to make a reasoned decision on their own participation on the day. Health and safety law is not a barrier to adventurous activities, which are enjoyed by people every day in safety. Organisers must take proportionate action to recognise and manage real risks.’
Lessons to be learned
This incident underscores the critical importance of thorough planning, proper equipment, qualified leadership, and consistent safety governance in water sports activities. Looking at the case through a safety professional’s lens, OSH lawyer Paul Verrico said it consisted of the usual issues of failing to properly risk assess, failing to consider dynamic surroundings, failing to ensure that all those participating wore appropriate PPE (one of the deceased was not wearing a life vest), and failing to consider the experience and competence of those engaged in a hazardous activity were all present.
MAIB report
The Marine Accident Investigation Branch (MAIB) published a report on 8 December 2022 detailing the tragedy. Here’s a summary of the key findings and recommendations.
Key findings
– Inadequate planning and preparation: The tour leaders failed to recognise the extreme hazard posed by the weir. Their planning did not adequately assess the risks associated with the river
conditions and the weir’s hydraulic features.
– Insufficient signage: There was a lack of adequate signage at the launch point and along the river to warn participants of the dangers associated with descending the weir.
– Improper equipment use: Participants’ clothing, buoyancy aids, and leash usage did not align with recognised safety guidance, potentially contributing to the fatalities.
– Lack of qualifications: The tour leaders lacked the necessary training, experience, or qualifications to lead the tour safely, especially in the challenging conditions presented by the weir.
– Inconsistent safety governance: The report highlighted inconsistencies in UK SUP safety messaging and training governance, leaving participants unable to assess the proficiency of training
and tour providers.
Recommendations
The MAIB recommended that Dŵr Cymru Welsh Water, in collaboration with Pembrokeshire County Council and Milford Haven Port Authority, conduct an immediate risk assessment of Haverfordwest Town Weir. Suggested control measures include improved signage, warning marker buoys, and possibly physical barriers to mitigate risks to river users.
The report advised UK national sports councils to identify appropriate organisations to act as the national governing body for SUP. This body should develop and publish a Guide to Good Practice, including safety management criteria for recognition.
Source – IOSH
