Deaths in 2004 Click on the names below for further case details
Deaths in 2005 Click on the names below for further case details
FURTHER DETAILS OF DEATHS Miguel Fernandes
Miguel, an employee at RDJ Colloids Limited near Tunbridge Wells, was electrocuted while helping a foreman trim one of the company's hedge which was interfering with an overhead power line. He was carrying a 'long-arm grabber', which transmitted a current from the overhead cable carrying 33, 000 volts. An inquest in Tunbridge Wells on 5 April 2005 heard that Seeboard (now EDF Energy), an energy supplier, had carried out an annual survey of its cable routes to ensure that they were obstacle free - and employed Brockwell Forestry to undertake this work. From 200, Brockwell Forestry has made four offers to cut the hedge at CJ Enterprises but been refused. In 2003, the survey has revealed that the hedge was too close to the power line but a visiting cutting team from Brockwell Forestry had been told by CJ enterprises that it would arrange for someone else to do the work. There was evidence that the the company was told that this would be dangerous. The Health and Safety Executive's (HSE) inspector said that if Brockwell Forestry had undertaken the work the line would have been isolated and earthed. The foreman of RDJ Colloids Limited told the inquest that before the incident he had not known what a company health and safety policy and did not think he had seen one. He also confirmed that that he had not seen any risk assessment before the incident and had not received any guidance as to how to carry out the work. A verdict of 'Accidental Death' verdict was returned. HSE principal specialist inspector Malcolm Ronan said the death came about through a 'combination of events' which included failure to heed warnings and the lack of proper control of work by the employer. In January 2006, at Maidstone Crown Court, RDJ Colloids Limited was fined £17,500 and ordered to pay £7,500 costs for breaching health and safety legislation. The prosecution followed an HSE investigation. The prosecution was seen as part of the HSE's ongoing drive to reduce accidents in the workplace and minimise employee injury. An HSE investigation identified poor safety management on site and a failure to carry out any risk assessments or provide guidance or supervision to contractors. If a safe system of work had been put into place following sensible risk management and advice from the HSE, then Miguel' death may have been avoided. Her Majesty's Inspector for Health and Safety, David Fussell, said, 'This was an accident waiting to happen. The fatal injuries to Mr Fernandes were easily preventable, and the accident came about through a combination of events which include a failure to heed warnings, reliance on a fatally flawed system of work and a complete lack of control over contractors.'
Mark Godfey
Mark was an overhead linesman working at Ulcombe on a high voltage line for contractors on behalf of EDF. He was electrocuted and fell 30 feet. An inquest will be held at the Mid Kent and Medway Coroner's Court on a date yet to be set. Stephen Bennett
Stephen, a refuse collector, was crushed between two dustcarts when one reversed into the other, trapping him between the two on the 9 June. An inquest was held at the North West Kent Coroner's Court on 12 December 2005 when a verdict of 'Accidental Death' was returned.
Janusz Jakub Trybala
Janusz, a Polish construction worker, fell to his death while installing permanent floor gratings on a boiler at Allington Waste to Energy Plant in Maidstone, Kent. An inquest held at Mid Kent and Medway Coroner’s Court on 8 August 2006 returned a verdict of 'Accidental Death'. The incident happened as waste-to-energy facilities were under construction. Lentjes UK (formerly Lurgi (UK)), which specialises in the construction of major process plants, was principal contractor for the project and Rafako SA had been subcontracted to manufacture and install boilers. Janusz had been working on the grating to one of the boilers - each of which was housed in a steel structure with platforms and walkways at various heights - when the grating gave way and he fell 23 metres to his death. An investigation revealed that some of the gratings had not been fastened in place and others had been moved by pipe-fitters who were working on the boiler at the same time. On the morning of the fatality, a health and safety manager had expressed concern about the gratings and the number of people working on boilers simultaneously. He was discussing his concerns with Rafako managers as the accident happened. Health and Safety Executive (HSE) inspector Peter Collingwood said basic precautions - securing the gratings as they went along and not allowing pipe-fitters to displace them as they were being installed - would have prevented the death. On 30 October 2008 at Maidstone Crown Court, Lentjes, a subsidiary of process and plant engineering group AE&E Lentjes GmbH, was fined £45,000 and ordered to pay £25,000 costs having pleaded guilty to failing to protect workers not in its employment, contrary to Section 3(1) of the Health and Safety at Work Act. Rafako was fined a total of £85,000 with £35,000 costs after admitting breaching Regulations 10 and 6(3) of the Work at Height Regulations, which require employers to prevent the fall or collapse of materials at height and to take reasonable steps to prevent people falling. Janusz's widow Grazyna, speaking of her husband's death said, 'I wish that employers would pay as much attention to the health and safety of their employees as they pay to results of their work. The constant pressure of achieving best results, improper work management, not taking health and safety regulations seriously result in tragic situations like this. We need to remember that human life is priceless. For many, Janusz’s death is just another statistical case. For me, it is an irreversible tragedy that has changed my life forever. I have lost a loving husband and I am still suffering from the consequences of the loss. The accused companies should be absolutely found guilty. Perhaps this will prevent other accidents from happening.'
Alan Ashbee
Alan, a self-employed agricultural contractor. was found dead at Court Reed Farm at Biddenden, near Ashford, in Kent where he was employed to bale hay. An inquest was held at the Central and South East Kent Coroner's Court on 14 and 15 September 2006 when a verdict of 'Accidental Death' was returned. The hearing established that Alan may have been trying to fix the hay baler when he fell into it. The hearing was told that the machine was running at 540 revs per minute which would be able to drag a person in and wind them round in less than a second. It was decided that if the machine had been properly turned off the incident could have been avoided.
Douglas Lynch and Darren Brown
Douglas, an engine driver, and Darren Brown, a railway shunter, were railwaymen who died after fire broke out on a Channel Tunnel Rail Link maintenance train. The fire was on a train carrying cables used in the construction of a new line linking Gravesend to London St. Pancras, in a tunnel deep under the River Thames. It is believed that Douglas stayed with the train, bringing it to a halt to prevent it colliding or causing damage to others elsewhere in the tunnel. Darren died two days after the incident and Douglas died four days later. The inquest was to be held at the North West Kent Coroner's Court.
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