The Ministry of Defence (MoD) failed to meet health and safety laws which resulted in the death of a staff sergeant from Ayr during a training exercise, it has emerged. On Thursday the Health and Safety Executive (HSE) issued the MoD with a Crown Censure following the death of a Staff Sergeant John McKelvie in Yorkshire.
The Drongan reservist soldier was killed after the Jackal vehicle he was driving rolled multiple times down a steep hill at Catterick Training Area on 29 January 2019.At the time of the incident, the 51-year-old had been taking part in Jackal driver training with five other Army reservists.
The off-road aspect of the training included a number of ascents and descents of steep inclines either side of a valley on land known as ‘The Land of Nod’. It was when attempting one of these ascents the Jackal lost traction and rolled backwards, throwing one of the course leaders from the vehicle as it did so.
Staff Sergeant McKelvie remained in the vehicle suffering serious injuries as it rolled. Despite being airlifted to hospital, he died six days later.
John’s sister Jacqueline Welsh, provided a statement on behalf of the family, which said: “John was a very outgoing person who loved spending time with his family. He loved his motorbike, and he loved sport and the outdoors. He was full of action. He was always there for you whenever you needed him.”
An investigation by the HSE identified the training course involved hazardous activities, which gave rise to the potential for the vehicle to roll. This meant those taking part in the training were exposed to risk – however, did not mean the activity itself should not have taken place.
There were other steps that should have been taken to control the dangers with driving the vehicles, however these were not undertaken. It also found a failure in oversight, meaning the course programme devised progressed too quickly and prevented trainees from developing the necessary expertise and skills before attempting more challenging obstacles on the off-road element of the course.
The risk assessments were not suitable and sufficient, and despite numerous previous ‘rollover events’, the Army failed to foresee what could go wrong. The investigation also found standing orders and directions had not been properly followed.
HSE inspector Mark Slater said: “All training, including that which is required to be as realistic as possible, should be planned, risk assessed and executed in such a manner that it does not endanger those who are involved.
“Had the systems implemented by the Army been more robust, Sergeant McKelvie would probably still be alive today.”
This HSE Crown Censure was brought by HSE enforcement lawyer Nathan Cook and supported by HSE paralegal officer Rebecca Forman.
General Sir Roly Walker, chief of the General Staff and as Army Safety Owner and on behalf of the British Army accepted the findings. In a statement, he said: “I apologise unreservedly for failing to maintain the safety standards rightly expected of the British Army.
“Staff Sergeant John McKelvie died because we didn’t do enough to protect him from the risk of death. The condolences I offer to John’s family and friends are heartfelt for a soldier lost that didn’t need to be lost in this way.
“We failed John and I am so sorry. We are committed to learning and adapting, so this never happens to another family, another regiment, or another group of friends. I realise that I must also restore the confidence of others in the safety and supervision of high-risk training.
“I would like to express my appreciation to the Health and Safety Executive for the thoroughness of the investigation. This scrutiny and the identification of our failings in this process and in the Service Inquiry and Inquest ensures real change.
“The men and women who bravely commit to defending our country deserve the highest safety standards during their training and we will continue to strive to ensure that the lessons learned from John’s death help to make others safer now and in the future.”
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