Firms in court over Liverpool highways worker's fatal fall

Date:

1 December 2011

Release No:

HSE/NW/02AmeyMouchel

Two construction companies have been fined a total of £60,000 following the death of a worker who fell from a cherry picker on a dual carriageway in Liverpool.

The Health and Safety Executive (HSE) prosecuted Amey Infrastructure Services Ltd and Mouchel Parkman Services Ltd following the incident on the A5036 Princess Way in Seaforth on 20 August 2006.

Liverpool Crown Court heard that Peter Cole, from Lymm in Cheshire, had been replacing the lights on the central reservation when the cherry picker's lifting arm collapsed.

The 61-year-old, who was married with three children and three grandchildren, fell nearly eight metres and landed on the back of the vehicle. He died from his injuries in hospital later that day.

The court was told Mr Cole was employed by Amey Infrastructure Services Ltd, part of the Amey Mouchel joint venture with Mouchel Parkman Services Ltd.

The HSE investigation found neither company had adequate systems for checking and maintaining the cherry picker, both when it was first delivered or throughout the hire period.

The cherry picker needed to be repaired on several occasions while it was on hire to the companies, and had been subjected to heavy use in all weather conditions for almost a decade.

Speaking after the hearing, Mr Cole's brother, Len, 71, from Lydiate in Merseyside, said:

"His death has destroyed the lives of his whole family. Peter and I were totally different characters but we got on great together. He was my closest friend as well as my brother.

"We both loved the countryside and used to go shooting together. We also met up to go to car boot sales and antiques fares. I just miss the banter there used to be between us.

"Everyone had a good word for Peter and he was well respected and liked. He was a decent man and would have trusted that the cherry picker was safe when he climbed into it.

"It's unbelievable that it wasn't regularly checked and tested, and instead was just put out into use. It happened to be him in that cherry picker on that day but it could have been anyone. We all miss him so much."

The investigating inspector at HSE, Dave Guyers, added:

"Both companies had a legal duty to ensure Mr Cole remained safe but their checking and maintenance systems were inadequate and thus allowed him to use a cherry picker that was in a poor condition.

"Heavy usage and a regular repair record demand that checking and maintenance procedures are carried out thoroughly. This is vital with cherry pickers which place users at great risk when working at height.

"All companies must have effective checking and maintenance systems in place and act upon the findings from them. Ageing machinery should be maintained properly and responsibly - not doing so increases the likelihood of this sort of incident."

Amey Infrastructure pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of its employees. The company, of Edmund Halley Road, Oxford, was fined £30,000 and ordered to pay £32,500 in prosecution costs on 1 December.

Mouchel Parkman, also of Edmund Halley Road, Oxford, pleaded guilty to breaching Section 3(1) of the same act for failing to ensure Mr Cole's safety. The company was fined £30,000 with costs of £32,500.

Last year (2010/11), 38 people are killed in Great Britain as a result of a fall and more than 4,000 suffered major injuries. Information on working safely at height is available at www.hse.gov.uk/falls.

Notes to editors

1. 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
2. Section 2(1) of the Health and Safety at Work etc Act 1974 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 same act 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."

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