Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic

    THREE YEAR JAIL TERM IMPOSED FOR MANSLAUGHTER

    Owner of dismantling imprisoned and client director fined over death

    The proprietor of a dismantling firm has been jailed and a director of the client company fined after a demolition worker fell to his death from a cherry picker which collapsed when it was struck by a falling roof beam in December 2008.

    Ken Joyce, 53, of County Durham, was working for Allan Turnbull (A&H Site Line Boring and Machining T/A) dismantling the structural steelwork of the roof of the Burning Hall at the former Swan Hunter Shipyard in Wallsend, Newcastle.

    During a four-week trial Newcastle Crown Court heard how Mr Joyce was working from cherry picker while two colleagues were working from another cherry picker and a crane.

    Competence not checked and lifting plans absent

    The men were dismantling the structure and were using a crane to lower the steel beams to the ground.

    Whilst  removing a beam brace connecting two plate girders, one of the plate girders struck the basket of the cherry picker in which Mr Joyce was standing, knocking the equipment over. Mr Joyce fell to the ground below and suffered serious head injuries. He was pronounced dead soon after.

    North Eastern Maritime Offshore Cluster Ltd (NEMOC) had engaged Allan Turnbull to undertake the dismantling work. The jury was told that NEMOC and director Christopher William Taylor neglected to check Mr Turnbull had the necessary competence to carry out the work.

    Investigators also established that Allan Turnbull failed to adequately plan the work. There was a lack of suitable and sufficient lifting plans to ensure a safe system of work was in place for the dismantling of the structural steelwork.

    Live lost as a result of collective failures

    Allan Turnbull, 61, of Boundary Cottages Farm, Inkerman, Tow Law, County Durham, was found guilty of gross negligence manslaughter following the trial. He had earlier pleaded guilty to breaching Sections 2(1) and 3(1) by virtue of Section 37 of the Health and Safety at Work etc Act 1974. He was sentenced to three years in prison.

    To be found guilty of gross negligence manslaughter the defendant has to owe a duty of care to the deceased; be in breach of this duty; the breach has to have caused the death of the deceased; and the defendant’s negligence was gross i.e. showed such a disregard for the life and safety of others as to amount to a crime and deserve punishment.

    North Eastern Maritime Offshore Cluster Ltd (NEMOC) was fined a nominal £1 for each for two HSW Act offences. The company is now in liquidation.

    Christopher William Taylor, aged 51, of  Newcastle, was found guilty of breaching Sections 2(1) and 3(1) by virtue of Section 37 of the Health and Safety at Work etc Act 1974. He was fined a total of £30,000 (£15,000 for each offence) and ordered to pay £50,000 costs.

    After the case, which was brought by the Crown Prosecution Service, HSE Inspector Emma Scott, said:

    “This was a tragedy that could easily have been prevented had a safe system of work been in place. Instead Ken Joyce lost his life as a result of collective failures which included not preparing in advance a detailed plan of how the work should be carried out and no lifting plans to ensure the safe removal of the beams.

    Allan Turnbull was also prosecuted in November 2005 after an employee sustained serious leg injuries while dismantling a redundant brick manufacturing plant.

    Chief Inspector Mark Anastasi, of Northumbria Police, said:

    “This is a tragic case. Ken left home to go to work and never returned. The failures from both the individuals and the company showed a total disregard for safe working practices.

    Ken’s employer failed to improve his work following a similar incident in 2005, yet he continued to perform dismantling work.”

    Latest Construction Health and Safety News

    MAJOR HOMES BUSINESS EXPOSED PUBLIC TO RISK

    Residential propert refurb project created carbon monoxide danger

    Read the rest of this article »

    Posted on 24th September 2018

    HSE CONSTRUCTION DUST CONTROL ‘BLITZ’ STARTS

    Regulator inspections will check health taken as seriously as safety

    Read the rest of this article »

    Posted on 20th September 2018

    FLOOR CONSTRUCTION SYSTEM OF WORK UNSAFE

    Welder fell 3m from mezzanine area through purlin openings

    Read the rest of this article »

    Posted on 20th September 2018

    WORKER SUFFERS FATAL BURNS IN OXYGEN RICH AREA

    Sparks from angle grinder ignited clothing of workman in confined space

    Read the rest of this article »

    Posted on 19th September 2018

    RIBA PUBLISH DRAFT POST GRENFELL FIRE SAFETY PLAN

    Architects institute consults on ‘golden thread of fire safety information’

    Read the rest of this article »

    Posted on 19th September 2018

    MAJOR UK CONTRACTORS HIT BY MAJOR FINES

    Firms ordered to pay over £3m after foot trapped in rotating ‘screw’

    Read the rest of this article »

    Posted on 19th September 2018

    HSE ENFORCEMENT WEEKLY UPDATE 19th SEPT 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 19th September 2018

    DRIVER DIED TRAPPED BETWEEN TRAILER AND VEHICLE

    Firm fined £1.5 million over failure to assess coupling operations

    Read the rest of this article »

    Posted on 14th September 2018

    ACTUAL SYSTEM OF WORK WAS OPPOSITE OF RAMS

    Workman fell 4m through fragile asbestos roof sheet

    Read the rest of this article »

    Posted on 13th September 2018

    CDM PRINCIPAL DESIGNER FUNCTION MISUNDERSTOOD?

    Consultants claim CDM 2015 design risk management has ‘gone backwards’

    Read the rest of this article »

    Posted on 8th September 2018

    RISK ASSESSED PRECAUTIONS NOT IMPLEMENTED

    Action not paperwork essential to prevent fall during lifting operation

    Read the rest of this article »

    Posted on 7th September 2018

    CROSSRAIL PUBLISH BEST PRACTICE H&S GUIDES

    Sharing major project best practice can leave a lasting legacy

    Read the rest of this article »

    Posted on 5th September 2018

    SCHOOL STAFF LACKED ASBESTOS AWARENESS TRAINING

    Council fined £200k over asbestos flue and gasket rope failures

    Read the rest of this article »

    Posted on 5th September 2018

    INCIDENT: MEWP OVERTURN IN CITY CENTRE

    Images show aftermath of mobile elevating platform collapse

    Read the rest of this article »

    Posted on 5th September 2018

    SAFETY ALERT: DEFECTIVE SCAFFOLD COUPLER

    National Access and Scaffolding Confederation issues warning

    Read the rest of this article »

    Posted on 31st August 2018

    DEMOLISHING INTERNAL WALL REVEALED ASBESTOS

    Firm lacked survey and asbestos management plan for premises

    Read the rest of this article »

    Posted on 31st August 2018

    NEW HEALTH AND SAFETY TEST FOR ARCHITECTS

    RIBA raise the bar for members on design risk management and ‘life safety’

    Read the rest of this article »

    Posted on 31st August 2018

    POWER BUSINESSES FAILED ON LIFTING OPERATION

    Panel fell on workman during turbine maintenance project

    Read the rest of this article »

    Posted on 31st August 2018

    MAJOR INFRASTRUCTURE FIRM COMMITS TO ZERO HARM

    Behaviours to deliver zero lost time injury incident rate by 2021

    Read the rest of this article »

    Posted on 31st August 2018

    MANAGING TOWER CRANE FALLING OBJECT RISK

    CPA issues new technical information note

    Read the rest of this article »

    Posted on 31st August 2018

    POST EXPLOSION ASBESTOS WORK WAS UNSAFE

    Asbestos cement panels removed and cut with power tools

    Read the rest of this article »

    Posted on 31st August 2018

    FALL THROUGH UNFLOORED FACTORY ROOF SPACE

    Non-routine tasks require assessment and clear risk controls

    Read the rest of this article »

    Posted on 31st August 2018

    SEVENTH LONDON CYCLIST DEATH DURING 2018

    Building products vehicle involved in death of Queens doctor

    Read the rest of this article »

    Posted on 17th August 2018

    MAJOR CONTRACTOR FAILED TO SUPERVISE LIFT

    Errors whilst lifting pre-cast concrete blocks fined £600,000

    Read the rest of this article »

    Posted on 14th August 2018

    FIRM FINED £400,000 OVER VIBRATING TOOLS RISK

    Hand-held orbital sanders, rivet guns, grinders and drills caused harm

    Read the rest of this article »

    Posted on 14th August 2018
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic

    One Response to “THREE YEAR JAIL TERM IMPOSED FOR MANSLAUGHTER”

    1. DISMANTLING FIRM OWNER GUILTY OF MANSLAUGHTER | PP Construction Safety News Desk Says:

      […] SENTENCING – SEE UPDATE […]