• Total Access Total Access Ethentic Ethentic
    Higher Safety Higher Safety Chipmunk Data Chipmunk Data

    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

    HSE ENFORCEMENT WEEKLY UPDATE 11th JULY 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 11th July 2018

    SCAFFOLDER DEVELOPMENT EMBRACED BY INDUSTRY

    CPD training attracts over 2500 scaffolders during first year of operation

    Read the rest of this article »

    Posted on 11th July 2018

    SECURITY PANELS FELL DESPITE EARLY WARNING

    Firm fined £1/4 million after worker crushed by falling fencing

    Read the rest of this article »

    Posted on 10th July 2018

    VEHICLE STRIKE TRIGGERED FALL OF ROOF TRUSSES

    Manufacturer failed to identify a suitable safe system of work

    Read the rest of this article »

    Posted on 10th July 2018

    INCIDENT: CHILD STRUCK BY FALLING OBJECT

    Wood falling from scaffold triggers arrest of two on construction site

    Read the rest of this article »

    Posted on 10th July 2018

    IGNITION OF THINNERS VAPOUR CLAIMED TWO LIVES

    Refurbishment project director jailed over fatal use of flammable solvent

    Read the rest of this article »

    Posted on 10th July 2018

    HSE LONDON REFURBISHMENT CAMPAIGN FINDINGS

    hselogo1Material breaches of law found at over 50% of London sites visited

    Read the rest of this article »

    Posted on 4th July 2018

    CURFEW AND TAGGING FOR RECALCITRANT SCAFFOLDER

    Suspended jail sentence handed down after unsafe work at height

    Read the rest of this article »

    Posted on 4th July 2018

    CONSTRUCTION SECTOR DEATHS RISE SHARPLY

    HSE report construction worker deaths increase by 27% during 2017/18

    Read the rest of this article »

    Posted on 4th July 2018

    BUILD UK UPDATE KEY CONSTRUCTION H&S ADVICE

    Majors industry body endorses “go to” source of H&S information

    Read the rest of this article »

    Posted on 2nd July 2018

    OXYGEN CYLINDER “FIRED” INTO WORKSHOP

    Violent discharge of gas bottle seriously injured two engineers

    Read the rest of this article »

    Posted on 2nd July 2018

    PRISON SENTENCE OVER FAILURE TO MANAGE RISK

    Sole trader contractor ignored HSE advice once too often

    Read the rest of this article »

    Posted on 2nd July 2018

    DEATH EXPOSED MINIMAL MEWP MAINTENANCE

    Court told about “almost complete” lack of MEWP maintenance

    Read the rest of this article »

    Posted on 21st June 2018

    CONTRACTOR FAILED TO IDENTIFY ASBESTOS PRESENCE

    ACMs disturbed during works and firm failed to take suitable actions

    Read the rest of this article »

    Posted on 21st June 2018

    FALL THROUGH ROOF ON LOCAL COUNCIL BUILDING

    Fragile rooflight fractured when workman ‘misplaced footing’

    Read the rest of this article »

    Posted on 21st June 2018

    YOUNG WORKER POSED SPECIAL RISK TO CONTROL

    Conviction highlights duty to young persons and the vulnerable

    Read the rest of this article »

    Posted on 21st June 2018

    TOWER DEFECTS AND UNSAFE SYSTEM CAUSED DEATH

    Maintenance supervisor fell to his death through roof opening

    Read the rest of this article »

    Posted on 21st June 2018

    UK MAJOR FINED £1/2m OVER HAVS RISK FAILURES

    Danger caused by poor management of vibrating hand tool risk

    Read the rest of this article »

    Posted on 21st June 2018

    DIRECTOR FAILED TO COMPLY WITH PROHIBITION

    Precautions not taken to prevent excavation collapse and falling

    Read the rest of this article »

    Posted on 11th June 2018

    SCAFFOLD NOT TO INDUSTRY STANDARD OR DESIGN

    Specialist and contractor in court over unsafe work at height

    Read the rest of this article »

    Posted on 7th June 2018

    ROAD WORKER RUN OVER BY ROAD ROLLER

    Reversing alarm not working and warning light not fitted

    Read the rest of this article »

    Posted on 5th June 2018

    CLIENT AND SURVEYOR FINED OVER ASBESTOS SURVEY

    Refurbishment and demolition asbestos survey proved inadequate

    Read the rest of this article »

    Posted on 5th June 2018

    FATALITY: ROAD WORKER DRAGGED ALONG ROAD

    Night shift worker loses life when struck by road sweeping vehicle

    Read the rest of this article »

    Posted on 3rd June 2018

    CDM PRINCIPAL DESIGNERS AVOID HSE ENFORCEMENT

    Regulator enforcement database reveals few notices involve CDM PDs

    Read the rest of this article »

    Posted on 3rd June 2018

    PROPERTY MANAGERS FINED WITH CONTRACTOR

    Defendants failed to check for asbestos during soffit replacement works

    Read the rest of this article »

    Posted on 29th May 2018
    Total Access Total Access Ethentic Ethentic
    Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • 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 […]