A farmer was crushed to death under a half-tonne roller-shutter door, which had been badly installed.
Bradford Crown Court heard Easydoor had been contracted to fit the door at Manor Wold Farm in Heslerton, near Malton, in July 2010. Easydoor employee David Whittaker installed the door at a grain store at the farm.
On 28 October 2010, 71-year-old farmer Robert Ireland opened the door, which came off its mountings and fell 4.5 metres to the ground, pinning him underneath. A member of his family found him and called the emergency services, but he died at the scene owing to crush injuries.
The HSE launched an investigation, which found the door had fallen owing to a mismatch between the length of the door barrel and the distance between the supporting brackets. As a result, the end of the barrel that came free from the mountings was only held in place by a few millimeters of the brackets. The were also flimsy brackets supporting the shutter, which could easily deflect outwards by several millimetres due to the stresses created as the door was operated.
HSE inspector Geoff Fletcher told SHP that Easydoor owner Paul Halliwell failed to ensure the door was manufactured and installed safely. He also stressed the defect should have been obvious to Whittaker when he installed it.
“This type of incident — where the entire shutter door has fallen because the door was not securely fastened to its mountings — has occurred before and resulted in serious injuries”, said inspector Fletcher. “Installers should have the appropriate design and installation considerations to prevent it happening.
“There are several relatively simple methods that could have been used to prevent this door from coming loose from its mountings. Such methods are well known within the industry and specialist guidance on the matter is published and widely available.”
Halliwell appeared in court on 16 April and pleaded guilty to breaching s3(1) of the HSWA 1974. Whittaker appeared at the hearing and pleaded guilty to breaching s7(a) of the same Act. They were both sentenced to 200 hours of community service and each ordered to pay £2000 in costs.
In mitigation, Halliwell said he had trusted Whittaker to ensure the door was installed safely. He expressed his remorse for the incident and said he had no previous safety convictions. Easydoor has subsequently ceased trading.
Whittaker accepted responsibility for failing to spot the defects and also expressed remorse. He has no previous convictions.
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Doe`s the penalty reflect the abject failure of a duty of care?
Had they fitted the door a few months later they may have faced more serious charges?
Sadly I remember the same thing happened in Shepshed Leicestershire over 25 years ago when a chap, who used to service equipment for us, opened his unit and his roller shutter door fell off and killed him.
sympathy for Mr Irelands family.