YH/554/07 23 November 2007

Health and Safety Executive reminds employees not to flout the law following death of 90 year old Leeds man

The Health and Safety Executive (HSE) today reminded employees not to flout health and safety law, to follow procedures they have learned in training and to make proper use of equipment provided by their employers.

The warning follows the death of Jack Taylor, a 90-year-old Leeds man who fell 1.5 metres into an unguarded excavation on Victoria Avenue, East End Park, Leeds on 29 November 2005. The man, who was a Burma Star veteran, died from head injuries in hospital two weeks later.

Mark Sheard and Wayne Hirons, both from Barnsley and employed by Balfour Beatty Power Networks, pleaded guilty to health and safety charges at Leeds Magistrates Court today. Mark Sheard was fined £250 plus £250 costs, and Wayne Hirons was fined £400 plus £400 costs.

HSE Inspector Nicola Allbut said:

"This was a tragic accident which was completely preventable. I am satisfied that the defendants had received appropriate training and had access to barriers to erect around the excavation. They chose not to use these barriers, walking away and leaving the excavation unguarded. As a result, this elderly gentleman lost his life."

Mark Sheard and Wayne Hirons were charged with breaching Section7 (a) of the Health and Safety at Work Act 1974.

Notes to Editors

1. Section 7(a) of the Health and Safety at Work Act 1974 states: "It shall be the duty of every employee while at work (a) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work.”

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Issued on behalf of the HSE by Government News Network Yorkshire and the Humber. Press Notices can be viewed on: www.gnn.gov.uk