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Click on the names below for further case details
Click on the names below for further case details
FURTHER
DETAILS OF DEATHS
Steven Burke, a trainee scaffolder, died after falling approximately 18 metres whilst working to construct a scaffold within a 20-metre high sewage digester tank being refurbished at the Davyhulme Waste Water Treatment Plant. He sustained serious head and abdominal injuries from which he later died in Wythenshawe hospital. The inquest was held at Manchester Coroner’s Court on 4 April 2006 when a verdict of 'Accidental Death' was returned. The Health and Safety (HSE) Inspector reported to the inquest on the substandard methods of scaffold construction, lack of safety measures, inadequate supervision and emergency procedures. This led to Steven being engaged in an unnecessary and unsafe procedure during which he fell. Steven was described by his father, Bernard Burke, as a fit, safety conscious young man, a 2nd Dan at karate and once a member of the Junior England squad. Steven had attended a training course and qualified as a stage one scaffolder and was working for 3D Scaffold Ltd under the main contractor Mowlam plc on the Davyhulme site owned and operated by United Utilities. On the day of the incident, Steven was in a four man team completing the construction of birdcage scaffolding inside an empty 20 metre high digester tank so that work on the underside of the domed roof could be carried out by another company RAM Services Ltd. This involved entering though manholes and working in confined spaces. The inquest heard from HSE Inspector, Mr Nicholas Rigby, that the scaffolding was almost completed up to roof level but there were errors in the method of construction of the scaffolding which did not meet expected industry standards approved by the HSE. These included failure to complete platforms and secure ladders on the way up, lack of guard rails and toe-boards. There were also issues about inadequate safety harnesses and the man in charge of the job was no more qualified than Steven. This led to Steven and the worker in charge of the team climbing back down scaffolding poles rather than a ladder, to carry out a task that shouldn’t have been necessary had the scaffolding been built in the proper manner and to the industry standard. In the opinion of a HSE scaffolding expert, there were 2,500 too few scaffolding poles used and many fewer boards than necessary. While his colleague was securing a lower level ladder, Steven began to climb back up the scaffolding to collect materials to compete the boarding of the lower platform and that is when he fell. Exactly how he came to fall is not known as his colleague only saw Steven falling past him. While Steven was wearing a safety harness at the time of his fall, evidence suggested it was not clipped on to the scaffolding and Mr Rigby explained that the route he and the other worker had to take was unsafe and did not lend itself to using this safety equipment. The team was due to earn a bonus if the work was competed on that day. According to Mr Rigby, Steven’s employer 3D Scaffold had been issued with a HSE Prohibition Notice on 16th January 2004 at Davyhulme where Steven died two weeks later. The HSE inspector confiscated two harnesses in poor condition and notice was issued ‘to prohibit work on the erection of birdcage scaffolding within digester tank 4 because no adequate fall arrest equipment was available’. As a result of this, a HSE inspector visited 3D on 28th January to talk to senior managers about training of scaffolders and the use of personal protective equipment. Mr Rigby said that the contracts mangers responsible for these issues admitted that he had no training in them. The coroner directed the jury to consider two verdicts: accidental death or an open verdict. He said that while Mr Rigby’s evidence had set the scene as far as safety matters are concerned, none of this suggested any individual acted so recklessly as to cause death and therefore the jury must not consider an unlawful killing verdict. Accidental death is the appropriate verdict when an unintended act leads to an unintended result. Steven Burke and his colleague climbed down scaffold poles and Steven climbed back wearing a harness capable of being attached. Steven fell and there is no evidence at all to suggest any third party was involved in his death and therefore it is concluded that he accidentally slipped and fell. If the jury agreed on the balance of probabilities they should return the verdict of accidental death. Only if they could not agree should they consider an open verdict. Steve Carlyle an experienced scaffolder was Steven’s mentor and worked with him for 18 months said, 'The accident shouldn’t have happened and had I been with him on that day he’d still be here now. There was nobody more qualified than Steven on the job and there should have been. Had he been with me he would never have been in a dangerous situation.' The Greater Manchester Hazards Centre shared the disappointment of Steven’s family that the verdict wasn’t unlawful killing. 'We feel that given the evidence presented by the HSE Inspector about the sub-standard methods of work, having a trainee scaffolder supervised by another trainee and inadequate safety procedures, a verdict of unlawful killing would have been more appropriate,' said spokesperson Hilda Palmer. In February 2008 at Manchester Crown Court 3D Scaffolding Ltd, of Brunnell Drive, on the Northbank Industrial Estate in Irlam, Greater Manchester, pleaded guilty breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 (HSW Act) that it failed to maintain a safe system of work and was fined £60,000 and ordered to pay £20,000 costs. David Swindell Junior of Barrington Drive, Middlewich, Cheshire, a contracts manager employed by 3D Scaffolding Ltd, was found guilty of breaching section 7 of the HSW Act in that he failed to take reasonable care for the health and safety of other persons who might be affected by his acts or omissions at work. He was fined £7,500 and ordered to pay £15,000 costs. The Principal contractor, Mowlem Plc, of White Lion Court, Swan Street, Isleworth, Middlesex, and RAM Services Ltd of Holyoake House, Lowerhouse Lane, Burnley, which employed 3D Scaffolding Ltd, each pleaded guilty to charges of breaching section 3(1) of the Act, in that they failed to ensure the safety of people not in their employment. Mowlem was fined £75,000 and ordered to pay £20,000 costs. RAM Services Ltd also pleaded guilty to a charge, under Regulation 29 of the Construction (Health and Safety at Work) Regulations 1996, in that they failed to ensure that scaffolding used by their own employees had been properly inspected to ensure that it was safe to use. RAM Services was fined a total of £75,000 and ordered to pay £70,000 costs. The fines came at the start of an HSE initiative using intensive inspection and aimed at reducing the rise in serious and fatal injuries on construction and refurbishment sites. During the campaign more than 1,000 sites nationally will be visited to try and reduce the rise in serious and fatal injuries. Commenting on the case, brought by HSE, Chief Inspector of Construction Stephen Williams said, 'This is a very distressing case which should send the strongest message to everyone responsible for the safety of young workers. All industries, especially the construction sector, rely on keen young people. However, employment opportunities must not come at the expense of young workers’ safety. 'With the number of apprentices in the workplace set to increase, it is critical that the work they are expected to carry out has been properly assessed and suitable controls put in place to ensure their health and safety. Managers and supervisors have to recognise that youngsters fresh to the workplace may well have a limited perception of the risks involved in the work. 'Steven Burke’s death, at the very start of his working life, was not only a tragedy, it was also entirely preventable. Had those responsible assessed the work properly and ensured that he was supervised at all times by a qualified scaffolder, then Steven would not have been killed. Our thoughts go out to his family.'
Martin Williams
Martin, a window cleaner, died as a result of injuries sustained after falling over 18ft from a ladder while cleaning windows. The inquest
was held at Manchester South Coroner’s Court on 17 August 2007 when a verdict of 'Accidental Death' was returned. Christopher Heaton
Christopher, a sub-contractor working for Shawton Engineering in Merseyside, died when he fell from scaffolding at a Westcott Homes building site on Bridge Street in Manchester. A colleague was treated in hospital for serious head injuries after also falling. The inquest was to be held at Manchester Coroner’s Court.
David Carter
David, a logistics manager at the Timbmet factory in Wood Street Rochdale, was killed when he fell 25 feet through a skylite when cleaning guttering on the factory roof . Due to high winds and heavy rain on that morning, David refused to allow a junior colleague to do the job. The inquest was held at Manchester Coroner’s Court on 4 April 2006 when a verdict of 'Accidental Death' was returned. On 2 November 2006 Timbmet Rochdale Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974, for which it was fined the maximum £20,000; and Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999, for which it was fined the maximum £5,000, at Trafford Magistrates' Court. The HSE investigation into the incident revealed that the company had failed to ensure that the premises were maintained in a safe condition and had not carried out a suitable risk assessment for working on or near fragile materials. Speaking after the case, HSE investigating Inspector Peter Lennon said, 'This was a tragic incident and our sympathy goes out to David Carter's family. There was a history of problems associated with the maintenance of the premises at Wood Street, in particular dust leaking from the rooftop extraction pipes gathered in the guttering and when it rained, the guttering became blocked. This caused leaks from the internal down pipes to flood the factory floor. On occasions this meant that production had to be stopped to clear up the water. 'We will never know why David Carter went onto the roof; but he did, and with a colleague, unblocked the guttering. The factory roof was made of asbestos cement sheets with a large number of Perspex roof lights. 'Both materials are known to be fragile and not designed to be walked on. Sadly, after clearing the blockage, David Carter stepped onto a roof light and fell to his death." Peter continued, 'The company was aware of the on-going problems with blockages but failed to act on this knowledge. Their inadequate maintenance procedures led to David Carter's decision to go onto the roof himself to fix the problems. 'The hazards associated with fragile roof materials are well known. But the company failed to identify the hazards associated with working on or near fragile materials even though contractors were used on occasions to work on or near the roof. A suitable and sufficient assessment would have identified the risks and what precautions to take when work on or near the roof was necessary. 'Throughout the country there are thousands of premises with asbestos cement roofs and fragile roof lights. This tragic incident demonstrates that companies need to think about the risks associated with their premises, not just their machinery or production processes.'
John Cain
John, a demolition worker, was helping to knock down the Albert Park Inn in Higher Broughton. He was killed when he was hit by the bucket of an excavator driven by Alan Wilkinson. He died from his injuries at North Manchester General Hospital. The inquest was held at Manchester Coroner’s Court on 23 January 2007 when a verdict of 'Accidental Death' was returned. The hearing was told that John was found collapsed in a pile of wood being moved by the digger. Wilkinson Contractors were subcontracted to Windmill Demolition Co Ltd who were in turn contracted to the principal contractors for the development Godliman and Watson. Godliman and Watson are a partnership who were appointed by the client for the project Godliman and Watson Ltd.
John Jones
John, a labourer, was crushed to death when a wall on a building site collapsed on top of him. The inquest
was held at Manchester South Coroner’s Court on 29 November 2005 when a verdict of 'Accidental Death' was returned.
Keith Potter
Keith, an electrician, was changing a light bulb at Williams Land Rover, Hulme, when he fell and sustained head injuries from which he died the following day. The inquest was held at Manchester South Coroner’s Court on 21 April 2006 when a verdict of 'Accidental Death' was returned. Christopher Fallon-Turner
Christopher a 39 year old construction expert was killed when a pallet of concrete blocks fell 15 floors onto him at the Left Bank residential development which is part of the Spinningfields regeneration in Deansgate. Christopher had been working as Health and Safety manager appointed by AMEC after two previous fatalities. Christopher Heaton, from St Helens, fell 100ft from scaffolding on the same development and, in December 2003, Alan Garner plunged to his death after evading security to enter the site and falling 200ft from a crane. Amec had recently praised Christopher after the site had enjoyed 260,000 continuous man-hours without an accident. The inquest
was to be held at Manchester Coroner’s Court.
Nicholas Collins
Nicholas was killed when an HGV collided with him while he was at work in the works yard at the Stockport Truck Centre The inquest was held at Manchester South Coroner’s Court on 12 December 2005 when a verdict of 'Accidental Death' was returned.
Paul Howell
Paul was crushed between two lorries while working as a dispatcher at Avis Steel Services, Highfield Road, Little Hulton. He had been leaning into a lorry to switch on the engine to warm it up. When he stepped down the lorry began to roll forward. As he stood on the step of the lorry trying to stop the vehicle, it hit a parked lorry and he was crushed by the door. The inquest was held at Manchester West Coroner’s Court on from 7 to 9 November 2006 when a verdict of 'Accidental Death' was returned. The inquest had been told earlier in the week that there had been no formal measures in place which outlined how dispatchers should move vehicles around the yard. David Bowers, the health and safety manager of Avis, told the inquest that the company had made improvements since Paul's death. He said, 'We have made a full assessment of the risks present and we have made the relevant improvements. A system of safe working procedures has been written up and all the dispatchers have received training.' But speaking after the inquest Paul's mother, Bernadette Howell, said, 'What happened to Paul was a terrible tragedy which we are still coming to terms with. We are glad that new health and safety regulations have been put in place to stop something like this ever happening again. 'We are still considering whether or not to take legal action and pursue a civil case and that is something that we will decide on in the next couple of weeks.' Coroner Jennifer Leeming said, 'I have no recommendations to make in this case as the Health and Safety Executive (HSE) are now satisfied that the matters which they would have wanted addressed have been.' Arcelor Avis SSC Ltd., previously known as Avis Steel Services Ltd, of Highfield Road, Little Hulton, Worsley, Manchester was on 20 July 2007 fined £75,000 and ordered to pay full costs of £7,282 at Minshull Street Crown Court in Manchester after being found guilty of breaching Section 2(1) of the Health and Safety at Work etc Act 1974. HSE Inspector Charles Cottle said, 'Prior to the incident, the despatch team was not aware of the possibility that a wagon might move away if started in gear. The company failed to provide and maintain a system of work - for starting of wagons by members of the night shift despatch team - which was safe. They company further failed to provide the despatch team with such information, instruction, training and supervision as was necessary to ensure safety. Since the incident, information, instruction and training has been provided for the despatch team, by a transport industry trainer provider. This was a tragic accident that could have been prevented if the right procedures had been place.' The court heard that the company processed steel coils into flat panel sheets and then despatches the sheets to customers. Paul was a despatch loader for the company, and worked as part of a team that loaded wagons overnight ready for delivery the following day. It was the despatch team's practice that if vehicles needed to be moved they would reach into the vehicle to turn on the ignition while standing on the ground. Once all the wagons to be moved had been started up, they would then be manoeuvred in turn to their required positions. On this occasion it is believed that the wagon was parked in gear without the brakes on and when Paul reached in to start the wagon it set off. Paul pulled the drivers door back open and tried to stop the wagon, but it collided with another wagon and he was crushed.
Robert Wilde
Robert was an electrician working at height on a domestic house extension when he fell off a ladder. The employment relationships are unclear. Robert died nearly three weeks later. The inquest was held at Manchester South Coroner’s Court on 13 October 2005 when a verdict of 'Accidental Death' was returned. David Battisson
David. a roofer, died in intensive care less than an hour after sustaining multiple head and chest injuries when he fell while making a roof inspection at The Range, a Wigan DIY store. David had just warned his colleague also carrying out the roofing inspection to 'be careful' because of the danger of falling more than 40ft into the store. The inquest is to be held at Manchester West Coroner’s Court on a date yet to be set.
William Pennington
William was apparently tossed in the air by a charging bull in a field near his home. He was taken to Wythenshawe Hospital where he later died from his injuries. The bull was put down by vets a few hours after the attack. The inquest
was held at Manchester South Coroner’s Court on 29 November 2005 when a verdict of 'Accidental Death' was returned.
Abel Lages
Abel, originally from Lisbon in Portugal, died from massive injuries when a pallet fell on him as he was cleaning at the TS (UK) Ltd factory, which carries out plastic injection moulding, on the Stakehill industrial estate, Middleton. Abel was working alone when the pallet, loaded with plastic granules, fell on him. Paramedics rushed to the scene and gave emergency treatment, but Abel was pronounced dead a short time later at the Royal Oldham Hospital. The inquest
was held at Manchester North Coroner’s Court on 5 December 2008 when a verdict of 'Accidental Death' was returned.
Mark Kiveal
Mark died when a bulk container, a pallet weighing approximately one tonne, fell on top of him. A 1.1 ton container of dye slid off the front of the forks of a forklift truck crushing Mark when he was assisting with an unloading operation. Two containers had successfully been emptied before the third slipped causing the incident. The inquest was to be held at Manchester South Coroner’s Court. In January 2009 Townley Dyestuffs Ltd were fined £10,000 and costs of £6,963.25 under Health and Safety at Work Act1974 s2. Health and Safety Executive (HSE) inspector Richard Clarke said, 'This was a tragic accident that could have been prevented had a safe system of work been in place. The container had a specialist mechanism for emptying it, but an improvised method was used when the incident happened. Two containers had successfully been opened and an attempt to unload the third was taking place when it slid off the front forks of the truck and tragically crushed Mr Kiveal. 'Employers have a responsibility to ensure that the right equipment is used for the job and to ensure that loads are safely secured. That wasn't the case in this incident, which sadly led to the loss of a man's life.'
Paul Palmer
Paul, a chemical factory worker, was killed after his legs were crushed in an industrial mixing vat. Paul was still alive when fire officers arrived at the Building Chemical Research plant on Sion Street, Radcliffe but died as officers struggled to rescue him at the scene. A team of 13 fire fighters took two hours Paul's body free. Coroners court officer Geoff Cave, who was at the scene, said, 'The machine looks like a vat with a huge screw turning inside it. The man somehow got his legs trapped inside, probably while it was turning slowly. It may well have been the shock that killed him,' added Mr Cave. The inquest heard the machine - a powerful, slow-speed mixer - was unwittingly switched on by a colleague as Paul was inside cleaning it. It was only on for seconds, but Paul suffered multiple injuries. Despite the verdict the jury criticised the firm's safety procedures. It ruled that two safety switches should not have allowed the blender to operate when its lid was open, but due to 'faults from lack of maintenance' they failed and the worker was able to switch the blender on. The Health and Safety Executive (HSE) spokesman said, 'Following the conclusion of the inquest the HSE will look at all the evidence and consider what action to take next.' A decision was likely to be made in January 2009.
Alan Golden
Alan, a maintenance engineer at Cold Move died aged 54, following an ammonia leak at the frozen food company depot in Golborne, near Warrington The inquest was held at Manchester West Coroner’s Court on 12 February 2007 when a verdict of 'Accidental Death' was returned. On the second day of the inquest jurors heard colleagues put their safety at risk in a bid to rescue Alan. Jennifer Leeming, Coroner, said John Washington and Philip Walsh displayed a great deal of courage. The two men, along with John Rowlinson, of Gobowen, have received awards for their actions. He said he helped Philip Walsh put on breathing apparatus and then held his fleece over his face to open the door. He added, 'When Mr Walsh finally came out his breathing apparatus tank had run out. Mr Walsh told the court he went as far into the room as he could, and realised he was running out of air. He added there was only one air cylinder for the breathing apparatus at Golborne.
Lindsey Warrington
Lindsey, a railway subcontractor, died after he was hit by a high-speed train while working to install safety equipment on a line. Lindsey moved out of the path of one passenger train but was hit by another travelling in the opposite direction at 82mph. He suffered very severs head injuries and died instantly in the incident at Old Trafford. The inquest was held at Manchester South Coroner’s Court on 20 April 2006 when a verdict of 'Accidental Death' was returned. Lindsey had gone on to the line next to Manchester United's stadium while working to install an automatic train warning system. The system, which had been partly installed a few days earlier, was designed to protect workers while a project of repairs was being carried out on the line. The repairs were being carried out by Network Rail contractor Carillion. Lindsey was working for Schweizer Electronic Ltd, subcontracted by Carillion to install the safety system. The Court at Stockport was told Lindsey was the controller of site safety on the morning of the incident. Rail inspector Nigel Bunce said no lookouts had been placed on the line and no call about protection was recorded as being made by Lindsey to a signaller. Coroner John Pollard said he would write to Network Rail about the incident.
John Dootson
John, a builder's assistant, sustained fatal head injuries after falling up to 25 feet from a ladder. John was doing cash-in-hand work for a homeowner when he fell. He was not wearing a protective hard hat as he worked on the roof of the semi-detached property, in Bradford Street, Bolton. The aluminium ladder was tied to newly erected scaffolding and was used by John to carry buckets of cement to the roofer he was assisting. The pair were repairing a leaking roof. John died from his injuries 16 days later in Hope Hospital, Salford. The inquest was held at Manchester West Coroner’s Court on 10 November 2006 when a verdict of 'Accidental Death' was returned. Roofer Geoffrey Dyson told the inquest, 'The ladders weren't very clever but I tested them and they felt safe. John didn't appear to have any problems using them. I asked him to fetch me the remaining mortar to finish the job. I saw him get on the ladder with the bucket in his hand. He disappeared out of sight and all of a sudden I heard a bang. I jumped on to the scaffolding and saw John on the floor.'
Thuy Van Le
Thuy was shot in the chest by robbers at the Spanish Wines store in Skerton Road, Old Trafford, Manchester. His attackers robbed an off-licence in Moss Side within an hour-and-a-half of leaving Thuy Van Le dead. Thuy Van Le had lived in England for two years after moving from North Vietnam. He was working alone in his brother's shop at the time of the robbery. Greater Manchester Police said Thuy appeared to have put up some resistance to the robbers and was shot in the chest with a small handgun at close range. His sister-in-law, said, 'Thuy was helping out in my husband's shop because he was worried that I was working there alone. Our family has been torn apart by his death.' The inquest would be held at Manchester South Coroner’s Court. In december 2007 Greater Manchester Police were still appealing for information about of Thuy 's murder. A £20,000 reward for information remained unclaimed.
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