FEATURE NEWS THE INCOURTS
TRANSPORT COMPANY FINED AFTER DRIVER KILLED LOADING AND UNLOADING A TRAILER
A transport company has been fined £400,000 after one of its drivers was killed after being knocked off his trailer while loading and unloading it.
On 16 November 2020, Robert Gifkins, who worked for Arnold Laver & Company Ltd, was delivering timber to a company in Whaddon near Salisbury. He had climbed onto the bed of his trailer to sling the load and attach it to the vehicle-mounted crane. While moving the load using the crane’s remote control he was struck by the crane and fell from the vehicle to the ground. Mr Gifkins was taken to hospital and subsequently died on 17 December 2020.
An investigation by the Health and Safety Executive (HSE) found that this incident was the result of health and safety failings by the company. The risks
BLACKBURN BUILDING FIRM FINED FOR MULTIPLE SAFETY FAILINGS
A Blackburn building firm has been fined £116,666 after a long history of health and safety failings.
An investigation by the Health and Safety Executive (HSE) found Mullberry Homes Limited failed to plan, manage, and monitor health and safety work on construction sites across England.
Mullberry Homes Limited was given a series of Notification of Contravention (NoC) letters, official correspondence that outline how firms need to improve and provide advice on doing so. They also received a significant number of formal Improvement and Prohibition Notices due to unsafe work, yet the firm repeatedly failed to ensure the work being done on their sites, including in Aintree, Liverpool; Middleton, Rochdale and Thorncliffe Road, Barrow-in-Furness was carried out safely and without risks to health. The company failed to reach the required basic legal standards.
The HSE investigation also found that Alistair Wilcock, in his role as managing director at Mullberry Homes Limited, should have ensured measures were taken to
associated this work at height had not been properly assessed and the risk of falls had not been adequately prevented or controlled. The company had also not provided Mr Gifkins with sufficient training and instruction on the safe operation of the remote crane controls on the vehicle.
At a sentencing hearing at Salisbury Magistrates’ Court on 13 October, Arnold Laver & Company Ltd, Bramall Lane, Sheffield, pleaded guilty to breaching section 2(1) of the Health and Safety at Work Act. Passing sentence on November 9 they were fined £400,000 and ordered to pay costs of £19,841.99.
Speaking after the hearing HSE Inspector Leo Diez said: “Falls from vehicles can be overlooked by employers when considering risks from work at height. Simple control measures would have prevented this accident.”
In a victim personal statement from Mr Gifkins’ family, his mother Betty Gifkins, said: “The pain of losing a son is only made worse by the fact this is the second son I have lost. I try not to think of him in the hospital as this only adds to my sadness. I miss him every day.”
comply with each concern when it was raised by HSE and these measures were maintained.
Mullberry Homes Limited of Old Hall Lane, Blackburn pleaded guilty to breaching regulation 13 of the Construction (Design and Management) Regulations 2015. The company was fined £116,666 and ordered to pay costs of £8294.40 at Manchester Crown Court on 31 October 2022.
Alistair Wilcock of Deer Park, Accrington, was served with a formal caution after accepting he was guilty of breaching section 37 of the Health and Safety at Work etc Act 1974, in relation the company’s failing of regulation 13 of the Construction (Design and Management) Regulations 2015 on the basis of neglect. It is accepted by HSE that responsibility for compliance with the relevant legislation was not limited to Mr Wilcock.
HSE inspector Matt Greenly said: “Companies have a duty of care to those they employee and HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards. Mullberry Homes and their director, Mr Wilcock had every opportunity to improve standards and maintain these improvements but they sadly failed to do so and continued to put workers and contractors at risk.”
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