HSE/NW/110/06. GNN141432P. 30 November 2006

£466,000 in penalties following Lancashire farm death

Two companies and a company director were today fined a total of £250,000 and ordered to pay total costs of £216,000 at Preston Crown Court after being found guilty of criminal charges following the death of a 31-year-old man at Heskin Hall Farm in Lancashire.

The charges were brought by the Health and Safety Executive (HSE) following the death of 31-year-old Chargot Ltd employee Shaun Riley of Chorley at Heskin Hall Farm on Wood Lane at Heskin near Chorley on 10 January 2003. Mr Riley was driving an articulated dumper truck moving soil around the site when it overturned.

Ian Connor, the HSE Inspector who investigated the case, said: "The truck was fitted with seat belts and rollover protection but Mr Riley was not wearing his belt and was neither trained or supervised on the work he was undertaking.

"Even though the truck overturned, there is every chance he would have survived the incident if he had been wearing his seat belt. It is vital that everybody who operates a dumper truck is properly trained and that there is a high standard of supervision to ensure that they always use the vehicle safely."

"This tragic incident was entirely avoidable had sensible precautions, as outlined in the free HSE Construction Information Sheet "Safe Use of Site Dumpers", been adopted by Mr Riley's employer, Chargot Ltd, and the Principal Contractor in control of the site, Ruttle Contracting Ltd."

Ruttle Contracting Ltd of Ackhurst Road, Chorley, the principal contractor for the work, was found guilty of a charge under Section 3(1) of the Health and Safety at Work Act 1974 in that it failed to ensure the safety of someone not in their employment. The company was fined £100,000 and ordered to pay £75,000 costs.

Chargot Ltd trading as Contract Services and of the same Chorley address, which employed Mr Riley, was found guilty of a charge under Section 2(1) of the HSW Act in that it failed to ensure the safety of an employee. The company was fined £75,000 and ordered to pay £37,500 costs.

Mr George Henry Ruttle, 62, of Heskin Hall on Wood Lane in Heskin, Eccleston, Lancashire is a director of Ruttle Contracting Ltd and in that role was found guilty under Section 37(1) of the HSW Act in that he caused the company to commit an offence under Section 3(1) of the same act. He was fined £75,000 and ordered to pay £103,5000 costs.

Notes to editors

1. The Health and Safety at Work etc Act 1974 sets out the responsibilities of employers and employees with regard to safety in the workplace.
2. Section 2(1) of the HSWA states: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees."
3. Section 3 (1) of the HSWA states, "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."
4. Maximum penalty for breaches of each offence in a Crown Court is an unlimited fine.

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