Groundwork and construction companies fined £145,000 following the death of worker
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Two companies were fined a total of £145,000 at Laganside Crown Court today following the death of a worker who was killed when the dumper truck he was operating overturned.
In a case brought by the Health and Safety Executive for Northern Ireland (HSENI), I.J Lynn and Sons Ltd, of Glenshek Road, Ballymoney, and John Graham Construction Ltd, of Ballygowan Road, Hillsborough, had each pleaded guilty to one offence under health and safety legislation.
The court heard that on 26 January 2022, 41-year-old Mr. John Traynor from Ballycastle, an employee of I.J Lynn and Sons Ltd, was operating a 9-tonne Terex, forward-tipping dumper truck at a project at Knockagh Road, Carrickfergus, when it entered an aqueduct channel and overturned. Mr. Traynor was fatally injured as a result of the incident.
I.J Lynn and Sons Ltd, was fined a total of £45,000 for a single health and safety offence. The Principal Contractor for the works, John Graham Construction Ltd, was also fined a total of £100,000 for a further offence.
The HSENI led investigation found that the risk assessment and method statement produced by John Graham Construction Ltd, was not suitable and sufficient. Following a late change to planned works, the risk assessment was prepared a short time prior to works commencing. The risk assessment failed to make the work instructions sufficiently clear, leading to uncertainty and confusion amongst workers. I.J Lynn and Sons Ltd failed to provide adequate supervision on the day of the incident, to ensure their employees followed a safe system of work.
Additionally, both employers did not ensure that robust control measures were in place to prevent the foreseeable risk of a dumper overturning or overrunning into the channel. Relatively simple control measures such as a suitable bund/stop block were not put in place.
Prosecutors in the PPS’s Fraud & Departmental Section worked closely with HSENI to build a robust prosecution case.
Following the hearing, HSENI Major Investigation Team Inspector Sophie Pearson explained:
“It is well known within the construction industry that dumper trucks are involved in many construction transport incidents and can cause death and serious injuries, particularly to drivers. The main cause of these incidents relates to dumper trucks overturning on slopes or embankments.
“Principal Contractors and subcontractors each have a responsibility to ensure safe systems of work are in place. Employers must adequately assess risks and implement effective control measures, ensuring they are maintained. Such controls may be relatively simple and do not need to be complicated. For example, the use of stop blocks can provide a safe distance from the vehicle and open edges, or a bund can reduce the risk of a vehicle overrunning. Detailed advice on managing workplace transport risks is readily available to employers.
“HSENI will not hesitate to take enforcement action to ensure workplace transport risks are appropriately managed,” she added.
The principles of managing workplace transport fall into three main areas namely:
- ‘safe site’ which ensures effective management of traffic routes
- ‘safe vehicle’ which considers the most appropriate vehicle for the task and environment
- ‘safe driver’ which focuses on the competence and behaviour of those who operate vehicles
Further information on the legal requirements of managing workplace transport can be found on our website at:
Notes to editors :
- Breaches and fines for I.J Lynn and Sons Ltd are as follows:
- Article 4 (1) of the Health and Safety at Work (Northern Ireland) Order 1978, fine of £45,000
- Breaches and fines for John Graham Construction Ltd are as follows:
- Regulation 3 (1) of the Management of Health and Safety at Work Regulations (Northern Ireland) 2000, fine of £100,000
- For media enquiries please contact: HSENI Press Office on 028 9024 3249 or email media@hseni.gov.uk. For out of office hours please contact the Duty Press Officer on 028 9037 8110