Dallas McMillan's Blog

The director of a building firm has been prosecuted after a self-employed contractor fell to his death through a fragile roof at an industrial building in Penryn.

Paul Gibbons was carrying out re-roofing work when he fell eight metres through a fragile part of the asbestos cement roof onto the floor below. He was taken to hospital but died of his injuries later that day.

An HSE investigation into the incident found that the company had failed to put adequate safety measures in place at the site despite the risks involved with working at height.

Truro Crown Court heard that the work had not been adequately planned and no safety nets or crash deck platforms had been provided to mitigate the effects of a fall.

HSE Inspector, Jon Harris, speaking after the hearing, said: "Mr Gibbons’ death could have been prevented if the work had been planned properly and industry standards, such as providing netting, had been applied. The risks of working at height are well-known and falls through fragile materials are the cause of one in five deaths in the construction industry."

An engineering and construction company has been fined £250,000 for safety failings after a surveyor was killed by a reversing lorry during work to widen the M25 near Dartford.

Richard Caddock was talking on a mobile phone and could not hear the approaching truck above the noise of nearby motorway traffic, when he was hit from behind in 2008.

The Health and Safety Executive prosecuted his employer Costain Limited for failing to ensure adequate precautions were in place to separate the movements of people and vehicles.

Maidstone Crown Court heard that Mr Caddock had left a parked van and was walking northbound along a section of the central reservation closed off as part of a £65 million scheme to ease congestion between junctions 1b to 3.

As he talked on the phone, a tipper lorry delivering crushed stone entered the same section and reversed northbound. Mr Craddock had walked approximately 30m when the truck hit him.

The surveyor sustained multiple injuries as a result of being run over by the eight wheel vehicle and was pronounced dead at the scene.

After the hearing HSE Inspector Melvyn Stancliffe said:

"This was a terrible tragedy that could easily have been avoided had Costain Limited implemented basic safety precautions.

"The movement of people and vehicles on construction sites requires careful planning and effective control. It must be considered a critical part of transport management. This case highlights that a failure to be in control can have devastating consequences."

A 23-year-old man died from massive crush injuries when his head became trapped in the jaws of a grab machine being wrongly used to move a pallet of cement bags.

Steven Allen was part of a team working for Skipton-based construction company JN Bentley Ltd on a building project for Bradford Council in March 2007. Moving the 30 or so cement bags was to be the last job before the weekend when the incident happened.

Bradford Crown Court heard that workers used a block grab attached to an excavator to move the load. As they did, the bags fell two metres to the ground, but the pallet remained in the jaws of the block grab. The pallet pivoted and Steven Allen took hold of it to pull it free. As the pallet came away, the jaws dropped and clamped on Steven’s head, causing severe injuries. He died the following day.

After an investigation, the Health and Safety Executive (HSE) mounted the prosecution against Mr Allen’s employers. The court was told the HSE’s findings revealed that the grab was being used against manufacturer’s instructions and was not suitable for the job. Block grabs are designed to lift and move rectangular loads strapped together such as packs of bricks. The company had also failed to implement a safe system for lifting and transporting the bags of cement.

The company had pleaded guilty at an earlier hearing to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. It was fined £106,250 and ordered to pay costs of £90,000.

HSE Principal Inspector, Dave Redman, said:

"It shouldn’t take a death to remind employers that failure to properly plan the work can have tragic consequences. An alternative way of lifting the pallet should have been used. Pallets are designed to be lifted using fork attachments which could have been fitted to the excavator.  This would have prevented the incident which led to Steven Allen’s death. If employers take their eye off the ball, it’s all too easy for otherwise safe and routine tasks to turn into unacceptable risks."

A specialist crane supplier has been fined £180,000 after a worker was killed when a large steel beam fell on him at an incinerator in Slough, Berkshire.

Colin Dickson, 38, of Motherwell, died when the temporary suspension points on a suspended beam he was under failed. The 1.4 tonne beam fell five metres onto Mr Dickson causing fatal injuries to his chest, and fractures to his legs and back.

The Health and Safety Executive (HSE) prosecuted Mr Dickson's employers J H Carruthers Ltd and one of its supervisors after an investigation into how the lifting operation failed.

The HSE investigation found that the lifting operation could have been successful if the whole process had been planned, appropriately supervised and carried out in a safe manner from the outset.

HSE's Inspector Karen Morris said:

"This tragic incident shows the importance of carrying out a thorough assessment of hazards and properly managing all lifting operations. This was a complex and unusual lift which went drastically wrong due to a lack of competent planning and a failure to supervise and carry out the task safely. The risks involved in such lifting operations should not be underestimated.

"Health and safety law places stringent requirements on employers in these circumstances, for very good reason. This incident was entirely preventable and it should act as a reminder to others that standards need to be maintained to ensure the safety of workers at all times."

J H Carruthers Ltd pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc Act 1974. The firm was fined £180,000 and ordered to pay costs of £74,000.

A construction company and its managing director have been sentenced after a father-of-two was crushed to death when a crane overturned in Liverpool.

Richard Mark Thornton, 46, from Longridge near Preston, died when a 50-tonne crane toppled over while moving a steel column in March 2007.

Mr Thornton's employer and the managing director of the company were prosecuted by the Health and Safety Executive (HSE) for failing to make sure the work was planned and carried out safely.

Liverpool Crown Court heard the crane had been used to lift the six-tonne steel column when it was nearly 18 metres away, taking it well outside its safe lifting capacity for that distance.

The HSE investigation found the crane had not been properly maintained and the external alarm could not be heard by those working nearby. The override switches were also faulty, including the switch that prevented the crane lifting loads beyond its capacity.

The managing director was fined £80,000 and ordered to pay £18,478 in prosecution costs. 

Mr Thornton was one of 79 construction workers to be killed while at work in Great Britain in 2006/7. There were also nearly 4,500 major injuries reported to HSE.