£30k fines after Salford worker killed by digger bucket

Date:

10 September 2010

Release No:

HSE/NW/020Windmill

Fines totalling £30,000 have been issued following the death of a Salford worker, who was struck by the excavator bucket on a digger.

John Cain, 36, was working on a project to demolish the Albert Park Inn on Great Clowes Street in Salford on 22 November 2004 when he was hit by the bucket on a digger. He died from his injuries later that day.

John Cain with his young daughter

The Health and Safety Executive (HSE) prosecuted two individuals and one company for health and safety offences, following an investigation into his death. They were sentenced at Manchester Crown Court on 10 September - the day Mr Cain would have celebrated his 42nd birthday.

Business partners Barry Godliman and Robert Watson were the principal contractors on the site, and Windmill Demolition Company Ltd was a specialist subcontractor hired to carry out the demolition work.

Karen Doran, John Cain's ex-partner and the mother of his three young daughters, said:

"It's been very hard for the children coping with what happened as they're still very young. It's been like an open wound.

"Hopefully, now that those responsible for health and safety on the site have been punished, we'll be able to put this behind us and get on with our lives.

"I just hope the prosecution will send a message out to companies that they cannot get away with ruining people's lives."

Albert Park Inn demolition site in Salford

HSE Inspector Stuart Kitchingman added:

"This case demonstrates how important it is for contractors to be aware of their health and safety duties, especially when there are several companies working on a project.

"Barry Godliman and Robert Watson were the principal contractors on the site and so should have made sure all work was carried out safely. Windmill Demolition had been hired to oversee and carry out the demolition work, and so had responsibilities for managing safety as well.

"I hope this case will encourage construction companies to do more to manage health and safety on sites effectively."

Barry Godliman and Robert Watson pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of workers on the site.

Barry Godliman, of Exford Drive in Breightmet, Bolton, was fined £7,500 and ordered to pay £2,000 towards the cost of the prosecution. Robert Watson, of Perrymead in Prestwich, was also fined £7,500 with costs of £2,000.

Windmill Demolition, of Windmill Lane in Denton, was found guilty of the same offence following a trial at Manchester Crown Court in July. The company was fined £15,000 with no costs.

More information on construction safety is available at www.hse.gov.uk/construction.

Notes to editors

1. Section 3(1) of the Health and Safety at Work etc Act 1974 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."
2. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk

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