News Article

Building company, director and foreman prosecuted following the death of a worker


Posted by Chris Owen | Date Posted 19.10.2007 | Time Posted 10:26:11 | Views: 508
Following the death of a worker, on August 31st 2005, the Crown Prosecution Service pursued a manslaughter charge against an employee of A&A Building Services Ltd while HSE (Health and Safety Executive) and Staffordshire Police also served summonses for alleged breaches of health and safety at work legislation.

Legal proceedings were brought after Mr Alexander Hayden (28) was killed when a 9-tonne dumper truck, that he was driving, overran the edge of an embankment. In trying to jump clear Mr Hayden sustained extensive injuries when he was crushed by the toppled truck and was pronounced dead at the scene, in Fenton, Stoke-on-Trent.

The court heard that Mr Hayden had only been driving the 9-tonne truck for two months, during which time he had been involved in two other accidents and had not received the required training.

At Stafford Crown Court (on Friday 21st September) Mr Paul Nolan, site foreman and employee of A&A Building Services Ltd, was found not guilty of the CPS manslaughter charge but guilty of a charge under the Health & Safety at Work Act 1974. He was fined £5,000 to be paid within 28 days or face 3 months imprisonment. Setting the fine the Judge addressed Nolan saying that: "you were responsible for the day-to-day running of the site and showed a complete disregard for the safety of the workers working under you; you thought you knew best… but you didn't. You were failed by your employers but you failed Alex Hayden."

Mr Darren Barrie Atkins, a director of A&A Building Services Ltd, was found guilty of the HSE charge of breaching health and safety legislation, by failing to ensure the safety of employees, he was fined £15,000, to be paid within three months or face nine months imprisonment.

To Atkins the Judge said: " You were the director responsible for health and safety but you did next to nothing about health and safety, ignored clear warning bells, fell very short of what was expected and there was a high degree of neglect."

The company had already pleaded guilty, at an earlier hearing, to the health & safety breaches therefore A&A Building Services Ltd of was fined £55,000, to be paid at the rate of £1,500 per month.

Of the company the judge said: "There was a disregard to Health & Safety, it fell so very far short…… in the culture of a growing business the ethos didn't change and slack or absent procedures stayed within the company."

In setting the fines the judge said he had: "Paid regard to the financial position of the company but aggravating features of the case had set the high fines imposed … to send a message." Additionally, costs were set at £1,000 Nolan, £7,700 Atkins and £6,000 to be paid by the company.

HSE inspector Dave Brassington said:
"Basic health and safety precautions are all too frequently ignored and appropriate training is not given for workers on building refurbishment sites - it is completely unacceptable that so many lives are being put at risk."

"In this particular case there were many opportunities presented to the company, to improve the management of health and safety, but advice given by industry safety experts and the HSE was wilfully ignored."


Published in sections: Health and Safety ::

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