Michael Kerslake: Prevention of Future Deaths Report

Accident at Work and Health and Safety related deaths

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Date of report: 26/06/2025 

Ref: 2025-0324 

Deceased name: Michael Kerslake 

Coroners name: Vanessa McKinlay 

Coroners Area: Somerset 

Category: Accident at Work and Health and Safety related deaths 

This report is being sent to: Kenny & Murphy Limited 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS REPORT IS BEING SENT TO:

[REDACTED], Director, Kenny & Murphy Limited
1CORONER
 
I am Vanessa McKinlay, Assistant Coroner for Somerset
2CORONER’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.
3INVESTIGATION and INQUEST
 
On 2 October 2024 I commenced an investigation into the death of Michael Ernest Kerslake.  The investigation concluded at the end of the inquest on 20 June 2025.  The conclusion of the inquest was: Accidental Death.
4CIRCUMSTANCES OF THE DEATH
 
Kenny & Murphy was the landlord company for Colley Lane Industrial Estate in Bridgwater where the accident occurred on 7 September 2023.
 
Mr Kerslake’s fatal injuries were sustained when he was tasked by a different company to strim vegetation at two specific sites on the estate.
 
Having completed those two sites, he proceeded (uninstructed) to strim the vegetation at the foot of an electricity pylon on the estate.
 
The machinery used was a petrol-driven brush cutter with a metal blade.
 
In the course of strimming, Mr Kerslake cut through an 11kV electricity cable which was attached in the usual way to one of the vertical wooden poles of the pylon.  The blade of the machine cut through the cable guard and the cable itself, causing the electrical explosion in which Mr Kerslake was injured.
 
The jury found that the medical cause of death was:
 
1a Multi-organ Dysfunction Syndrome
1b 52% Total Body Surface Area Burns
1c Electrical Explosion
5CORONER’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. There was no risk assessment in place warning workers on the estate of the risks of using machinery in the vicinity of electrical equipment.
2. Kenny & Murphy no longer own the estate in question but they own other sites.
3. It remains the case that no risk assessment as described above is in place.
6ACTION SHOULD BE TAKEN
 
In my opinion action should be taken to prevent future deaths and I believe you have the power to take such action.
7YOUR RESPONSE
 
You are under a duty to respond to this report within 56 days of the date of this report, namely by 20 August 2025. 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.
8COPIES and PUBLICATION
 
I have sent a copy of my report to the Chief Coroner and to the following Interested Persons:
 
[REDACTED] (Mr Kerslake’s son)
The Health and Safety Executive
 
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.
 
She may send a copy of this report to any person who she 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.
 
926 June 2025
Text, letter

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Vanessa McKinlay
Assistant Coroner for Somerset