An industry equipment supplier has been prosecuted after a worker died while carrying out tests on a hydraulic cylinder.

AGD Equipment Limited of Masons Road, Stratford Enterprise Park, Stratford-Upon-Avon pleaded guilty of breaching regulation 12 (1) of the Provision & Use of Work Equipment Regulations 1998 and regulation 3 (1) of the Management of Health and Safety at Work Regulations 1999. It also pleaded guilty to breaching section 3(1) of the Health and Safety at Work Act 1974.

The company was fined £800,000 with £28,711 in costs.

Warwick Crown Court heard how Mark Seward, 49, had only been working for AGD for 16 days when the incident occurred.


He was testing a hydraulic cylinder when it cracked under pressure and caused a piece of metal to violently strike him in the head.

A Health and Safety Executive (HSE) investigation found the company had failed to have adequate supervision in place for this task as well as failing to inform Mr Seward of the safe working pressure for the cylinder he was testing.

In addition, HSE found AGD also failed to have protective screens in place to prevent projectiles injuring staff. They also did not exclude other people from the test area.

Mr Seward's wife said: "I am heartbroken and angry that Mark could go to work for an employer, for AGD, and be killed because they took so little care of him. It is utterly shocking that this can happen even now."

HSE inspector Neil Ward said: "This was a tragic incident that should never have occurred.

"It is a company's obligation to provide a safe system of work for leak testing. This will include protecting people from flying fragments and high pressure oil leaks as well as providing thorough training in how to carry out the work safely."

(LM/MH)