Turner Access Higher Safety Total Access
Total Access Ethentic Chipmunk Data
Chipmunk Data Turner Access Ethentic

PRISON SENTENCE FOR SUPPLIER OF UNSAFE PLANT

Landscaping contractor died when defective skip loader overturned

A businessman has been given a suspended prison sentence for supplying unsafe construction equipment that led to the death of a 47-year-old landscaping contractor in September 2011.

Ken Pinkerton was crushed and died when a skip loader he was operating toppled whilst working on a landscaping project in Surrey. The loader was hired with a mini-digger from Brian Beavis, trading as Heavy Plant Repairs, of Canterbury, Kent.

Mr Pinkerton was using the mini-digger when it turned over. He used the skip loader to upright the digger when it went backwards, reversed over material and tipped over. He was thrown from his seat and sustained fatal injuries.

Guildford Crown Court was told (8 March) that HSE investigators identified key flaws with the skip loader including:

  • the absence of a seat belt;
  • roll-over protection that could not be operated; and
  • missing spring which prevented the engine cover being secured.

In addition, Mr Beavis failed to provide any user information for the construction equipment he had supplied.

Seat belt and rollover bar would have saved workman

Brian Peter Beavis, t/a Heavy Plant Repairs, of Canterbury, Kent, pleaded guilty to breaching Section 6(1)(a) of the Health and Safety at Work etc Act 1974. He was given a nine months’ prison sentence, suspended for a year, and ordered to pay £10,000 compensation to Mr Pinkerton’s partner.

In passing sentence, Mr Recorder Nelson QC said:

“It is just tragic that six children lost their dad. The deceased would likely have survived had there been a seat belt and rollover bar.”

After sentencing, HSE Inspector Amanda Huff said:

“This was a tragic incident that devastated Mr Pinkerton’s family and left six children, the youngest only five at the time, without their father.

Brian Beavis could have prevented the incident by making sure that the skip loader was properly maintained and safe. Skip loaders are at risk of rolling when they are used on uneven ground. Had the machine had a working seat belt and functioning roll-over protection, it is probable Mr Pinkerton would have survived the crash.

Businesses who hire out mobile plant must ensure that is in a safe condition and provide proper safety and user instructions to the customer. Anyone wanting to hire plant would be well advised to check all the safety features are in place and that clear instructions are available.”

Latest Construction Health and Safety News

HSE ENFORCEMENT WEEKLY UPDATE 21st FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 21st February 2018

CLEANING ASBESTOS CEMENT ROOF CAUSED DANGER

High pressure jet washing spread asbestos fibres around premises

Read the rest of this article »

Posted on 21st February 2018

HSE INSPECTOR GUIDE TO RISK ASSESSMENT

Regulator offers training course on all aspects of risk assessment

Read the rest of this article »

Posted on 21st February 2018

PUZZLES HELP DELIVER HEALTH RISKS AWARENESS

Innovative puzzle products supplier extends the range of training aids

Read the rest of this article »

Posted on 20th February 2018

NEW ISO 45001 MANAGEMENT STANDARD IMMINENT

Standard capable of replacing OHSAS 18001 with relative ease

Read the rest of this article »

Posted on 20th February 2018

APPEAL COURT RULES ON LEGAL PRIVILEGE CASE

Decision may prompt further caution during internal investigations

Read the rest of this article »

Posted on 20th February 2018

TIPPER TRUCK STRUCK PEDESTRIAN ON SITE ROAD

Contractor fined £500,000 over poor traffic management arrangements

Read the rest of this article »

Posted on 16th February 2018

FALLING SCAFFOLD CLIP STRUCK PASSER-BY

Firm failed to follow risk assessment and method statement

Read the rest of this article »

Posted on 16th February 2018

HSE ENFORCEMENT WEEKLY UPDATE 14th FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 16th February 2018

HOMES FIRM FINED £1/2M OVER DUMPER DEATH

Developer and contractor failed to manage people and plant interface

Read the rest of this article »

Posted on 14th February 2018

SUPREME COURT RULES ON HSE ENFORCEMENT NOTICES

Post service evidence can be used to support HSE notice appeals

Read the rest of this article »

Posted on 9th February 2018

SAFE INSTALLATION OF PRE-CAST FLOORING

Code of Practice for health and safety updated by industry federation

Read the rest of this article »

Posted on 8th February 2018

HSE ENFORCEMENT WEEKLY UPDATE 8th FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 8th February 2018

MANUAL HANDLING MUST INVOLVE ‘REAL RISK’

Court provides clarity on manual handling risk assessment rules

Read the rest of this article »

Posted on 7th February 2018

SKIP LORRY DRIVER FATALLY INJURED BY LOADER

Hire company fined after lorry driver crushed between two vehicles

Read the rest of this article »

Posted on 5th February 2018

PUBLIC RISK COSTS CONTRACTOR DEARLY

Principal Contractor failed to assess and supervise work

Read the rest of this article »

Posted on 5th February 2018

TUBES FELL WHILST LIFTING OVER PERSONS BELOW

Lifting operations were not carried out in safe manner

Read the rest of this article »

Posted on 2nd February 2018

‘DAREDEVIL’ SCAFFOLDER LANDS IN DOCK

Former HSE Inspector snaps dangerous working practices at 60 feet

Read the rest of this article »

Posted on 2nd February 2018

HSE ENFORCEMENT WEEKLY UPDATE 1st FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 1st February 2018

DIDCOT FATAL COLLAPSE: INVESTIGATION UPDATE

Police and HSE still seeking to understand why boiler house collapsed

Read the rest of this article »

Posted on 1st February 2018

SCAFFOLDER TRAINING REACHES NEW HEIGHTS

CISRS training card renewal by CPD embraced by scaffolders

Read the rest of this article »

Posted on 30th January 2018

HSE SUMMARY OF CONSTRUCTION SECTOR HARM

Infographic provides insight into industry priority hazards

Read the rest of this article »

Posted on 29th January 2018

FIRM FAILED TO IMPLEMENT AGREED CONTROLS

Risk assessment carried out but precautions not taken

Read the rest of this article »

Posted on 29th January 2018

HSE MUSCULOSKELETAL DISORDERS SUMMIT 2018

hselogo1Regulator focuses on MSDs in construction and others sectors

Read the rest of this article »

Posted on 28th January 2018

LOAD FELL FROM MAGNET AND STRUCK WORKMAN

Firm failed to properly assess and revise crane safe working load

Read the rest of this article »

Posted on 25th January 2018
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access