Prevention of Future Deaths reports · 2021

Kenneth Audsley

Regulation 28 report to prevent future deaths, reference 2021-0303, written 9 Sep 2021. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report9 Sep 2021
Reference2021-0303
DeceasedKenneth Audsley
CoronerKevin McLoughlin
Coroner areaWest Yorkshire (East)
CategoryAccident at Work and Health and Safety related deaths
Sourcejudiciary.uk record · original PDF
Responses published1

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

REGULATION 28:  REPORT TO PREVENT FUTURE DEATHS (1) 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

1. Hirst Electrical Plant Hire Services UK Limited,

Unit 3, Mallard Industrial Estate, Horbury Junction, Wakefield, WF4 5QH.

1 

CORONER 

I am Kevin McLoughlin, Senior Coroner, for the Coroner area of West Yorkshire (East). 

2 

CORONER’S LEGAL POWERS 

I make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009 
and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013. 

3 

INVESTIGATION and INQUEST 

On 22nd June 2020 I commenced an investigation into the death of Kenneth Audsley, 
aged 56. The investigation concluded at the end of the Inquest on Wednesday 8th 
September 2021. The conclusion of the Inquest was Accidental Death due to Carbon 
Monoxide Poisoning in the course of his work. 

4 

CIRCUMSTANCES OF THE DEATH 

Kenneth Audsley, aged 56 was an experienced high voltage electrical engineer. On 
Friday 19th June 2020 he was investigating a fault on a large industrial transformer at his 
place of work when he was overcome by carbon monoxide which had accumulated 
inside the transformer. 

The transformer should have been filled with 2500 litres of oil but in fact held only 
approximately 170 litres of oil. The carbon monoxide had collected in the space which 
should have occupied by the oil. The timescale and circumstances in which the oil was 
lost and the carbon monoxide gas collected in its place have not been established. 

5 

CORONER’S CONCERNS 

During the course of the Inquest the evidence revealed matters giving rise to concern. In 
my opinion there is a risk that future deaths will occur unless action is taken. In the 
circumstances it is my statutory duty to report to you. 

The MATTERS OF CONCERN are as follows:- 

(1) The risk that a potentially lethal gas could accumulate inside the transformer was

not appreciated either amongst the electricians in this workplace or those involved
with industrial transformers generally.

(2) There were no warning signs affixed to the transformer alerting users to the risk of
using the transformer unless it had first been confirmed it contained adequate oil.

(3) The manufacturer’s manual contained no warnings of the hazard which would be

created if the transformer were to be energised without containing adequate oil for
cooling and insulating purposes.

(4) The manufacturer did not recommend a periodic maintenance regime to confirm
adequate oil remained in the transformer and have it replenished if necessary.

1 

 (5)  By virtue of these matters there exists the possibility that comparable transformers 
in service throughout the UK may contain insufficient oil to be operated safely and 
prevent an accumulation of potentially hazardous gases in the space thereby 
created. 

(6)  The risks identified could affect anyone (1) dismantling a transformer at the end of 
its life; (2) having cause to open a transformer for repair or maintenance purposes 
or (3) users who maybe unaware that inadequate oil could cause a transformer to 
overheat or catch fire. 

6 

ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths and I believe your 
organisation have the power to take such action.  

7 

YOUR RESPONSE 

You are under a duty to respond to this report within 56 days of the date of this report, 
namely by Thursday 4th November 2021. I, the Coroner, may extend the period. 

Your response must contain details of action taken or proposed to be taken, setting out 
the timetable for action. Otherwise you must explain why no action is proposed. 

8 

COPIES and PUBLICATION 

I have sent a copy of my report to the Chief Coroner and to the following Interested 
Persons:- 

(1)  The family of Kenneth Audsley 
(2)  The Health and Safety Executive, FAO 

I have also sent it to the following who may find it useful or of interest: 

(1)  Loadgen Limited, FAO 
(2) 
(3)  RF Winder Electrical Limited, Belgrave Works, Town Street, Leeds 
(4)  The Institution of Occupational Safety and Health (IOSH) 
(5)  West Yorkshire Police, FAO DC 

, Power 2 Connect 

I am also under a duty to send the Chief Coroner a copy of your response.  

The Chief Coroner may publish either or both in a complete or redacted or summary 
form. He may send a copy of this report to any person who he believes may find it useful 
or of interest.  

You may make representations to me, the coroner, at the time of your response, about 
the release or the publication of your response by the Chief Coroner. 

9 

Dated: Thursday 9th September 2021       

Signed: 

KEVIN McLOUGHLIN 
Senior Coroner 
West Yorkshire (E) 

2

Responses

1 response published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.

Response from Hirst Electrical (PDF)
IRST 

www.hirstelectrical.co.uk 

25  October 2021 

HMCoroner 
Mr. K Mcloughlin 
Wakefield Coroner 

Re Regulation 28 Notice, Mr. Kenneth Audsley 

Dear Coroner, 

We  write  to  you  with  reference  to  your Regulation  28  notice issued  to  us  in  respected  of Mr.  Kenneth  Audsley's 
death. 

As a direct result of this we have as  a business implanted a number of changes in our company's working practices 
in an  effort to prevent an  incident of this nature ever being repeated. 

We remain  deeply shocked  and  saddened  by the loss  of our friend  and  colleague,  Kenny,  and  wholly support the 
notion  to  inform  the  industry to  prevent recurrence of such a tragedy.  We are aware that our solicitor, 
, 
has contacted you with a  list of third parties that we deal with within our daily duties to  assist with this  process.  We 
would also like to take this opportunity to demonstrate changes we have made in support of the notice. 

Firstly,  the  company' s employees  are  now prohibited from removing  the  lid of any transformer which is  suspected 
to  have been energised  without adequate oil  in  place. All staff dealing  with  transformers  have been briefed on the 
risks  posed  by removing  a  transformer  lid  in  such  circumstances,  and  indeed  have  been  instructed  to  stop  this 
practice. Rather, in the event that a transformer is returned  in a condition leading us to suspect that it may have been 
incorrectly energised  without sufficient oil in  place, then steps will be taken to deliver this back to the manufacturer, 
Winders, to  undertake the necessary repairs. Winders were party to  the Regulation 28  report issued and also assisted 
with the HSE' s investigation,  and therefore are now  also  aware of the potential risks  posed by Carbon Monoxide to 
be able to respond appropriately to this. 

Secondly,  we have now attached  stickers to  all of our transformers  as  per your suggestion, providing a reminder to 
third-party operators  not to  energise transformers  without first  ensuring there is  sufficient oil inside.  Please see the 
images below . 

The notices  have been placed in obvious locations on the transformers. The first pair of labels have been sighted on 
one of the transformer covers which an engineer will necessarily have to remove in order to fit a  set of cables before 
the transformer can be operated . . 

Unit 3 Mallard Industrial Park, Horbuty Junction, Wakefield, WF4 5QH 

Tel:  01924 -261611 

Fax:  0870 706 1222 

Web Site - www.hirstelectrical.co.uk  Email - enquiries(alhirstelectrical.co.uk 

R  ' steredO  ,.-,:  12GmnheudRoad,  Huddm/ield,  WutYorkshire.  Enghnd,  HDI 4ENCo.  RegNo:  350214-1-

VAT No:  69873,658 

:Z0036JB/DT 

4.2.lnnO 

Jan:ZOJO 

Lcttcrb:-1 

 Continuation 

IRST

www.hirstelectrical.co.uk 

The second label has been placed next to  the oil sight glass. This shows a further arrow to indicate the oil level. The 
user is instructed not to energise if the oil level is below that point. 

~ 

-··.r•-, --

1250D 

Lastly a sticker has been placed near to the breather line again, giving simple instruction to the end user. 

VALVE TO BE CLOSED FORTRANSPOR 
VALVE TO BE OPENED BEFORE 

._____  

E""'!!:NERGISATIO_N..,..""""~r:-,-.,..

Unit 3 Mallard Industrial Park, Horbury Junction, Wakefield, WF4 5QH 

Tel:  01924 - 261611 

Fax:  0870 706 1222 

Web Site - www.hirstclectrical.co.uk  Email - enquiries(g, hirstelectrical.co.uk 

•i,tmdO  1c,:  12 Grunh,adRoad, H11ddm-/ield,  West  York.J-hire,  Engh11d,  HDI 4ENCo. Reg No:  35021-/./-

l 7AT No:  698735658 

4.2.1  R..0 

JIIQlQJI) 

l.Jhcad 

 IRST 

www.hirstelectrical.co.uk 

Finally,  we  have  amended  the  documentation  that  is  sent  to  our  customers  for  all  hires.  This  documentation 
includes-

•  A  test sheet showing  the readings of the equipment at  the point of hire.  This confirms that the oil has  been 

checked and it indicates that all pre hire checks have been done (copy enclosed). 

•  We will also enclose a copy of the International Standard referred to by 

 in her testimony 

to yourself. 

•  A  warning  notice,  indicating  the  potential  presence  of Carbon  Monoxide,  should  the  transformer  be 

energised without sufficient oil inside. (Copy on the next page). 

We trust the aforementioned is  sufficient action  to  satisfy the notice.  However, if you believe there is  more we can 
do then  we welcome any further suggestions. 

Yours sincerely 

Managing Director 
Hirst Electrical PHS (UK) Ltd. 

Unit 3 Mallard Industrial Park, Horbury Junction, Wakefield, WF4 5QH 

Tel:  01924 - 261611 

Fax:  0870 706 1222 

.... ~,... 
·--··· 

...._ ..

...._._,.., 

Web Site - www.hirstelectrical.co.uk  Email - em,1uiries@ hirstelectrical.co.uk 
Re  istmdO  ice:  12 Grecnh,adRoad,  H11dders/ield,  West Yorkshire,  Engla11d,  HDI 4EN Co.  Reg No:  35021+1  VAT No:  69873f6i8 

20036311/DT 

4.1..l  ~,.o 

J.n2010 

Lcn~rticad

Related reports

Other reports by Kevin McLoughlin

See all →

More reports categorised “Accident at Work and Health and Safety related deaths”

See all →

Track Accident at Work and Health and Safety related deaths

See every Prevention of Future Deaths report matching Accident at Work and Health and Safety related deaths, and how often a new one appears.

What would an alert for this have sent me? Search the full text

Free to try — the preview shows the real matches and how many arrived in the last 12 months. Your first email alert is free.

These reports are published by the Chief Coroner's office at judiciary.uk and are © Crown copyright. The text here is reproduced from the published PDF so it can be searched. If something on this page is wrong, or you are a person named in it and want it reviewed, email drcjar@gmail.com and we will act promptly.