Newtownstewart based company and self-employed contractor fined for health and safety failings

Date published: 30 September 2021

The Health and Safety Executive Northern Ireland (HSENI) has successfully led prosecutions against Mr William (Liam) McColgan, a self-employed contractor, and Riverview Farms Limited of Deerpark Road, Newtownstewart.

Latest prosecution result

The prosecutions follow construction work at a farm where two workers fell while working at height.

Mr McColgan and Riverview Farms Limited earlier pleaded guilty at Dungannon Crown Court to health and safety offences, and were today (30 September 2021) fined £600 and £6,000 respectively.

An investigation by HSENI found that on 27 January 2017 while work was underway to dismantle a farm building owned by Riverview Farms Limited, an unsecured working platform which was being used to access the roof structure fell from the forks of a telescopic handler operated by Mr McColgan. Two workers who were standing within the working platform fell to the ground. Whilst both workers were injured, one suffered life changing injuries.

HSENI Principal Inspector Kyle Carrick said: “The circumstances of this incident highlight again the importance of careful planning and co-operation between client and contractor. The identification and implementation of safe working practices is vital to ensure that the safety of workers is maintained when working at height.”

Riverview Farms Limited, the commercial client for whom the work was taking place, failed to monitor how the work was conducted on the site, and ultimately ensure the health and safety of any workers.

The investigation also focused on the use and suitability of the working platform during the dismantling of the farm building. The platform which was of a non-integrated type, had not been secured to the telescopic handler at the time of the incident.

Commenting on the risks associated with working at height, Kyle Carrick continued: “Equipment such as telescopic handlers or fork lift trucks when used with work platforms must be suitable for the task.

“Working platforms that have fully integrated controls are the standard expected across all industry sectors as they ensure that the person in the platform has control over its movement at all times.

“Non-integrated working platforms must always be properly secured. Any tilt and side shift mechanisms on fork trucks must be locked and operators should be appropriately trained.”

Further advice on working at height can be found on our website at the link below:

Notes to editors: 

  1. Breaches and fines for William McColgan are as follows:
    Article 5(2) of the Health and Safety at Work (Northern Ireland) order 1978, fine £600;
     
  2. Breaches and fines for Riverview Farms Ltd are as follows:
    Article 5(1), of the Health and Safety at Work (Northern Ireland) Order 1978, fine £6,000;
  3. For media enquiries please contact: HSENI Press Office on 028 9024 3249 or email media@hseni.gov.uk
  4. For out of office hours please contact the Duty Press Officer on 028 9037 8110.

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