• 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

    CDM 2015 PRINCIPAL DESIGNER FINED OVER FIRE RISK

    PD and PC failed to comply with CDM 2015 responsibilities

    Read the rest of this article »

    Posted on 23rd May 2018

    SENTENCING GUIDELINES UNDER THE MICROSCOPE

    Lawyer argues guidelines undermine reduction in ‘regulatory burden’

    Read the rest of this article »

    Posted on 23rd May 2018

    HSE ENFORCEMENT WEEKLY UPDATE 23rd MAY 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 23rd May 2018

    PANEL STRUCK WORKMAN DURING LIFTING OPERATION

    Third party contractor falls victim of poor lift planning

    Read the rest of this article »

    Posted on 21st May 2018

    DIRECTOR LED HAZARDOUS WORK AT HEIGHT

    Three occasions when work lacked suitable and sufficient precautions

    Read the rest of this article »

    Posted on 21st May 2018

    RISK ASSESSED BUT CONTROLS FOUND WANTING

    Joiner fell through unprotected opening on roof of new building

    Read the rest of this article »

    Posted on 21st May 2018

    RIBA CRITICAL OF HACKITT REVIEW FINAL REPORT

    High rise residential review dismissed as “major missed opportunity”

    Read the rest of this article »

    Posted on 21st May 2018

    HSE ENFORCEMENT WEEKLY UPDATE 16th MAY 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 16th May 2018

    CONSTRUCTION SECTOR DEATHS: THE ‘BIG THREE’

    HSE in-year fatalities for 2017/18 may indicate upward trend

    Read the rest of this article »

    Posted on 16th May 2018

    SCAFFOLDING SITE ACCIDENTS AT RECORD LOW

    NASC Annual Report reveals all time low in 2017 incidents

    Read the rest of this article »

    Posted on 14th May 2018

    DUMPER TRUCK HAND-BRAKE NOT MAINTAINED

    Workman injured when pinned against stack of concrete blocks

    Read the rest of this article »

    Posted on 14th May 2018

    SPARE POWER INTERLOCK KEY CAUSED DEATH

    Dangerous machinery safety precautions defeated for maintenance tasks

    Read the rest of this article »

    Posted on 10th May 2018

    HSE ENFORCEMENT WEEKLY UPDATE 9th MAY 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 9th May 2018

    COLLAPSED CAR PARK WAS UNDER REPAIR

    Rusted steel supports triggered collapse of fascia and floor

    Read the rest of this article »

    Posted on 8th May 2018

    DUMPER OVERTURN CAUSED FATAL INJURIES

    Precautions during spoil heap creation were inadequate

    Read the rest of this article »

    Posted on 8th May 2018

    HARDWOOD DUST CONTROL NOT MAINTAINED

    Manufacturer failed to examine and test local extraction system

    Read the rest of this article »

    Posted on 8th May 2018

    SCAFFOLD CONTRACTOR OVERLOOKED MAJOR HAZARD

    Well-known risk unidentified during scaffold erection project

    Read the rest of this article »

    Posted on 8th May 2018

    THREE FIRMS FINED £1/2M FOR FRAGILE RISK FAILURES

    Fall through rooflight hazard poorly planned and managed

    Read the rest of this article »

    Posted on 2nd May 2018

    CONTRACTORS IGNORED ASBESTOS RISK

    Asbestos pipe lagging worked on without licence and proper precautions

    Read the rest of this article »

    Posted on 2nd May 2018

    HSE ENFORCEMENT UPDATE 2nd MAY 2018

    hselogo1Prosecutions and enforcement notices update and analysis

    Read the rest of this article »

    Posted on 2nd May 2018

    SOFT LANDING BAGS TRIGGERED A FALL!

    Fall arrest bag thrown from scaffold took workman with bag

    Read the rest of this article »

    Posted on 1st May 2018

    FAILURE TO NOTIFY HSE PREVENTED INVESTIGATION

    Regulator prosecutes over RIDDOR non-compliance

    Read the rest of this article »

    Posted on 1st May 2018

    CLIENT AND CONTRACTOR TOGETHER IN COURT

    Fragile roof fall exposes client failure to manage project

    Read the rest of this article »

    Posted on 1st May 2018

    UNTRAINED DUMPER DRIVER SURVIVES OVERTURN

    Inadequate barriers plus lack of operator and manager training

    Read the rest of this article »

    Posted on 1st May 2018

    PROJECT CLIENT PROSECUTED UNDER CDM 2015

    Building demolished without suitable precautions to prevent danger

    Read the rest of this article »

    Posted on 1st 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 […]