Airport fined for failures that led to a man’s death
An airport company has been fined £144,050 for failures that led to the tragic death of a 59-year-old man.
Glasgow Prestwick Airport Limited pled guilty to a breach of health and safety legislation at Ayr Sheriff Court after Joseph Dempsey, an experienced member of the ground handling team, died when a corroded guardrail gave way and he fell to the tarmac below.
The procurator fiscal told the court the fatal incident happened at Prestwick Airport on Wednesday 11 January 2023.
The prosecutor described how Mr Dempsey was preparing to unload cargo from an aircraft using a pallet loader. He had positioned the loader and was repositioning a guardrail when it suddenly gave way and Mr Dempsey fell to the tarmac, about 10 feet below.
Mr Dempsey’s colleagues immediately went to his assistance and paramedics attempted CPR and advanced life support. These efforts proved unsuccessful and he was pronounced dead at the scene.
The Health and Safety Executive investigation found that one of the guardrail posts had completely fractured. There were visible signs of significant corrosion, discolouration and flaking white paint around the area.
Metallurgical examination of the guardrail posts found differences in chemical composition, manufacturing, and wall thickness which indicated the posts were manufactured from two different tubing sections.
These welded sections were not a feature of the manufacture’s original design and appear to have been modified while the loader was under the ownership of Prestwick Airport. The welds on both the guardrail posts contained defects which would allow moisture in, creating a corrosive environment and speeding up deterioration.
There was no record of any modification or repair to the loader guardrail involving welding and the maintenance programme in place at the time did not cover the parts of the guardrail where failure or deterioration could lead to health and safety risks.
Grocery wholesaler fined £1 million after worker killed by reversing HGV
A London-based grocery supplier has been fined £1 million after a worker was killed by a reversing HGV during a delivery in Manchester.
Lee Warburton, 53, a father of three from Stockport, was employed by Bestway Northern Limited, a wholesale supplier serving independent supermarkets across Britain, when the incident occurred.
On 19 February 2019, Mr Warburton and a colleague were making a delivery to a store in central Manchester. He was acting as a banksman, directing his colleague who was reversing the HGV. While attempting to guide the vehicle into the unloading area, Mr Warburton became trapped between the vehicle and a wall. He sustained fatal crush injuries.
Textile company fined after director killed by reversing HGV
- Director’s family left with ‘mixed emotions’.
- No risk assessment or safe system of work in place at time.
- HSE guidance on safe use of transport is available
A textile manufacturer has been fined £220,000 after one of its directors was killed by a reversing HGV in Rochdale.
Daniel Ames was a director of The British Millerain Company Limited and had offered to stay behind at the company warehouse to wait for the return of the vehicle on 22 June 2023.
The truck arrived at around 5.30pm. Mr Ames spoke to the driver and confirmed he would act as banksman to help the vehicle reverse into the warehouse.
During the manoeuvre, the driver lost sight of Mr Ames and when he got out to check, he found him trapped between the vehicle and some steel storage racks in the warehouse. The driver called paramedics, but Mr Ames died in hospital from his injuries.
Speaking after the company was fined, Mr Ames’ family said the outcome left them with ‘mixed emotions’.
“Daniel went to work and never came home again and we have a massive hole in our lives that will never be filled,” they said in a statement.
“We are glad the company have admitted being responsible for his death and been handed a fine.
“But we remain devastated that we no longer have Daniel in our lives. Today we have still lost a much-loved dad, husband, uncle, son and brother, and we are devastated that his life ended in this way.
“He got on well with all his colleagues at work and had a great career. He was a respected professional who loved his job and was well known in the industry and was excited for his future. But that was taken away from us all in an instant.
“He was a real family man with a great sense of humour who was always making people smile and laugh and he enjoyed life to the full. We all miss him so much.”
The incident was reported to the Health and Safety Executive (HSE), who carried out an investigation into what happened. That identified a number of failings exposing employees to various risks, including having no safe system in place for reversing HGVs. Employees confirmed they had been doing the task for several years but had never received any training. This included one employee who said he had on occasion reversed HGVs into the warehouse with someone else acting as banksman – despite neither being trained to do so.
Rogue gas fitter jailed for carrying out unsafe work
- Antony Clifton was suspended by the Gas Safe Register – but carried out illegal and unsafe work anyway.
- People encouraged to check the Gas Safe Register.
A rogue gas fitter from Norfolk has been jailed after carrying out unsafe gas work at a residential property while suspended from the Gas Safe Register.
Antony Clifton, from Wymondham, has been sentenced to 46 weeks in custody after he carried out unsafe gas work while falsely claiming to be a member of the Gas Safe Register. He worked at a home in Drayon, Norwich in January 2022, but there was a gas escape on the inlet to a cooker that had been fitted the day before by the 52-year-old.
An investigation by the Health and Safety Executive (HSE) found that Clifton had left the appliance in a condition where gas was leaking, and emergency repair work was required. Clifton had previously been served with a prohibition notice by HSE following unsafe gas work.
Further information and guidance on domestic gas health and safety is available.
Property developer fined after man crushed by faulty lift
A London property developer has been fined £40,000 after a member of the public was crushed by a faulty falling lift at a block of flats.
The 23-year-old had returned to the flats on Cambridge Heath Road in East London, with a group of friends on 9 September 2019. When he and seven others entered the lift on the ground floor, it began to shudder and descend with the doors still open. As it began to fall, the young man attempted to exit the lift but he was crushed between the ground floor and the top of the lift. The crush injuries he sustained were so serious he eventually required a liver transplant.
Nofax Enterprises Limited had been acting as the property manager for the five-storey block flats. The investigation by the Health and Safety Executive (HSE) found that it failed to act when defects with the lift were identified by a third party, resulting in a member of the public being harmed.
Health and safety law places specific obligations on those providing, controlling and using lifting equipment. HSE has detailed guidance for how to properly manage these risks. Thorough examinations should be carried out by a competent person at six month intervals for lifts designed to lift people. When a defect is identified that poses a danger to people the lifting equipment should not be used until the defect is remedied. Further guidance can be found here: Thorough examination and testing of lifts: Simple guidance for lift owners INDG339. (PDF)
Grocery wholesaler fined £1 million after worker killed by reversing HGV
A London-based grocery supplier has been fined £1 million after a worker was killed by a reversing HGV during a delivery in Manchester.
Lee Warburton, 53, a father of three from Stockport, was employed by Bestway Northern Limited, a wholesale supplier serving independent supermarkets across Britain, when the incident occurred.
On 19 February 2019, Mr Warburton and a colleague were making a delivery to a store in central Manchester. He was acting as a banksman, directing his colleague who was reversing the HGV. While attempting to guide the vehicle into the unloading area, Mr Warburton became trapped between the vehicle and a wall. He sustained fatal crush injuries.
Lee Warburton’s partner, Hayley Tomlinson, described the day he died as the worst of her life. “To be taken in such a cruel manner made it even harder,” she said. “Knowing the pain and fear Lee must have gone through was unbearable. But nothing compares to the moment I had to tell our children their daddy was never coming home.”
She spoke of the long-term impact on their daughters, who were just nine and ten at the time. Both have suffered serious mental health challenges, including depression, bullying and social isolation. “It broke my children’s spirits; they lost the sparkle in their eyes,” she said. “Lee was their hero.”
“My children will miss out on all the milestones Lee should have been here for – walking them down the aisle, meeting their first child. They miss the cuddles, the love he showed them, the days out. This has changed our lives forever.”
A Health and Safety Executive (HSE) investigation found that Bestway Northern Limited, of Abbey Road, Park Royal, London, had failed to implement a safe system of work for vehicle movements. The company also failed to adequately assess the risks involved in the task or provide sufficient training for employees acting as banksmen.
