A County Durham man has been jailed along with a Tyneside firm and one of its directors fined following a demolition worker fell to his death from the cherry picker which was knocked over .
Ken Joyce, of Lanchester, County Durham, was working for A&H Site Line Boring and Machining, when the incident happened on 2 December 2008. He was dismantling the structural steelwork from the roof from the Burning Hall at the Swan Hunter Shipyard.
During a month long trial at Newcastle Crown Court, a jury heard how Mr Joyce was working from one cherry picker while 2 co-workers were working from another cherry picker along with a crane. These were dismantling the dwelling and were utilizing a crane to reduce the steel beams down.
Whilst taking away a beam brace joining two plate girders, one of the plate girders struck the basket from the cherry picker by which Mr Joyce banded, knocking the equipment over.
Mr Joyce fell down below and suffered serious head injuries. He was pronounced dead soon after.
Some pot investigation completed by Northumbria Police and the Health and Safety Executive (HSE) established that North Eastern Maritime Offshore Cluster Ltd (NEMOC) had sub-contracted the dismantling try to Allan Turnbull.
The jury was informed that NEMOC and it is director Christopher William Taylor didn’t make sure the safety of its employees and sub-contracted workers by failing to check on that Mr Turnbull had the necessary competence to handle the job.
Law enforcement and HSE investigation also discovered that Allan Turnbull had didn’t adequately plan the job after identifying a lack of suitable and sufficient lifting plans to ensure a secure system of work was in spot for the dismantling from the structural steelwork.
Allan Turnbull, 61, of Boundary Cottages Farm, Inkerman, Tow Law, County Durham, was discovered responsible for gross negligence manslaughter following a trial. He’d earlier pleaded guilty to breaching Sections 2(1) and 3(1) due to Section 37 from the Health and Safety at Work etc Act 1974. He was sentenced to three years in prison.
North Eastern Maritime Offshore Cluster Ltd (NEMOC), which had been operating in the Swan Hunter Yard, was fined £1 for each offence after it had been found guilty in absence of breaching Sections 2(1) and three(1) from the Safety and health at the office etc Act 1974. The organization has become in liquidation.
Christopher William Taylor, 51, of North Cottage, Adderstone Crescent, Newcastle, was discovered guilty of breaching Sections 2(1) and three(1) by virtue of Section 37 of the Health and Safety at Work etc Act 1974. He was fined as many as £30,000 (£15,000 for every offence) and ordered to pay £50,000 costs.
After the case, which was through the Crown Prosecution Service, HSE Inspector Emma Scott, said:
“This would be a tragedy that could easily have been prevented had a safe system of work experienced place.
“Instead Ken Joyce lost his life because of collective failures which included not preparing in advance an in depth plan of methods the job should be completed with no lifting intends to ensure the safe elimination of the beams.
“Allan Turnbull seemed to be prosecuted in November 2005 after a worker sustained serious leg injuries while dismantling a redundant brick manufacturing facility.
“I hope other companies can study from this and ensure they go ahead and take necessary action to deal with the high risk involved with work such as this.”
Chief Inspector Mark Anastasi, of Northumbria Police, said:
“This is a tragic case. Ken left home to start working and never returned. He left behind his partner Eva and his family who never saw him again. They have been very supportive from the investigation and also have shown their love for Ken throughout.
“Swan Hunter shipyard formed a major area of the neighborhood but yet, after a period, throughout the dismantling process Ken lost his life as a result of the mismanagement of the work. The failures from both the individuals and also the company showed a total disregard for safe working practices.
“Ken’s employer failed to improve his work carrying out a similar incident in 2005, yet he continued to perform dismantling work.
“This complex and lengthy enquiry indicates that Northumbria Police and also the HSE, using the support from the Crown Prosecution Service, works in partnership to ensure offenders are delivered to justice.”
Inside a statement, Mr Joyce’s family said:
“As his family, we’re striving to honour Kenneth’s memory and still visiting terms with the void his absence leaves in our lives over the past 4 years.
“Above everything else we’ve hoped for justice for him and for the intensity of the sadness and grief created by his untimely passing, to ease and lessen with the aid of this justice, combined with the healing passage of time.”