A Kent businessman has been given a suspended prison sentence for supplying unsafe plant equipment, which was involved in a fatal incident.
Guildford Crown Court heard landscape gardener Ken Pinkerton, 47, hired a one-tonne skip loader and a mini-digger from Brian Beavis, who traded as Heavy Plant Repairs.
Mr Pinkerton, a father of six, hired the equipment after being contracted to build a retaining wall at a house in Reigate, Surrey. On 28 September 2011, he was driving the mini-digger when it overturned on uneven ground in the garden of the house. He then used the skip loader to try to upright the digger, but while he was operating the vehicle it slipped backwards and reversed over some garden waste and overturned. He was thrown from the cab and the machine landed on top of him, causing fatal crush injuries.
The HSE investigated the incident and found a number of defects on the skip loader. There was no seat belt installed, the roll-over protection bar couldn’t be operated as a bolt was missing, and the engine cover, which was positioned under the driver’s seat, was not secured.
The investigation also learned that Beavis had supplied the machines without providing any user information. The HSE subsequently visited Heavy Plant Repairs’ depot in Canterbury and found defects on other pant equipment. In October 2011, a Prohibition Notice was issued to Beavis, which required him to ensure all plant equipment was in a safe condition.
HSE inspector Amanda Huff said: “Brian Beavis could have prevented the incident by making sure that the skip loader was properly maintained and safe. Skip loaders are at risk of rolling when they are used on uneven ground. Had the machine had a working seat belt and functioning roll-over protection, it is probable Mr Pinkerton would have survived the crash.
“Businesses who hire out mobile plant must ensure that is in a safe condition and provide proper safety and user instructions to the customer. Anyone wanting to hire plant would be well advised to check all the safety features are in place and that clear instructions are available.”
Beavis appeared in court on 8 March and pleaded guilty to breaching s6(1)(a) of the HSWA 1974, for failing to ensure the equipment was supplied in a safe condition. He was given a nine-month prison sentence, suspended for a year, and ordered to pay £10,000 in compensation to Mr Pinkerton’s partner, Karen Checksfield.
After the hearing, Ms Checksfield said: “Five of the children are still having counselling. I am concentrating on getting the children through this tough time.
“The main thing is Ken is no longer here. He was my best friend and would support me emotionally. I miss so much not being able to talk to him about things. I can’t put into words how I feel.”
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It is sad when this sort of outcome results in so much pain and misery for all. I am not defending the hirer but I do feel the judge made a reasonable call. The fact that the trained operative must have been aware of the currrent safety improvements to this type of equipment and perhaps made a cost judgement himself. We should not forget the deceased also made his living from this type of work and had already turned the digger over, he then went on to use the wrong equipment to right it ???
How can a suspended sentence be just punishmet for causing a fatality at work? I am constantly bemused and astonished at the maner in which the justice system deals with these matters. Business owner/operators need to know that they will go to jail if their negligence leads to a death. Where’s the motivation to beresponsible? Deni Murphy CMIOSH
But surely this is one of Mr Cameron’s SMEs that does not need to be hampered by red tape. A guy trying to earn a crust doing a bit of domenstic work gets a machine from a mate and just has an unfortunate accident! But Damn-it-all, the guy was a landscape gardener – at work – the machine was hired from a company – at work. I’m truely sorry for the guy but I wonder where either stand on competency or MHASWR reg.7 etc.
Is using a skip-loader the right kit to move a 1t excavator PUWER?
Totally agree, There needs to be harder sentences handed out as this was a preventable accident where I think trying to safe money came into affect . I’ve seen this alot lately from hire companies
Having seen the paltry sentences which are handed out be the courts the best advice I could give to employers and businesses is – don’t bother with health and safety measures and save your money, even if you get caught, the penalties are pathetically low. Who said crime does not pay?!