Click on the names below for further case details
Click on the names below for further case details
Click on the names below for further case details
Click on the names below for further case details
Click on the names below for further case details
FURTHER DETAILS OF DEATHS Phillip Marshall
Phillip was working by himself on the roadside, paving a driveway in Armitage near Rugely. A lorry arrived to make a delivery. Phillip was electrocuted when he touched the lorry which was in contact with an overhead power cable. The inquest was held at South Staffordshire Coroners Court on 25 November 2005 when a verdict of 'Accidental Death' was returned.
Thomas Mitchell
Thomas, a gamekeeper from Ashcombe, died in hospital from multiple organ failure caused by an infection he contracted after rocks from a wall fell on his foot. Thomas was checking on the estate and had been looking over a stone wall when the incident occurred. The inquest
was held at Stoke on Trent and North Staffordshire Coroners Court on 8 September 2005. The hearing was told that it was unclear how Thomas had contracted the infection and that, despite antibiotics, the infection had travelled from his leg into the lower abdomen causing multiple organ failure. The inquest returned an 'Open' verdict. Alexander Hayden
Alexander died when when a 9-tonne dumper truck, that he was driving, overran the edge of an embankment. In trying to jump clear Alexander sustained extensive injuries when he was crushed by the toppled truck and was pronounced dead at the scene, in Fenton, Stoke-on-Trent. The inquest was to be held at Stoke on Trent and North Staffordshire Coroners Court. In April 2007 following a joint operation by Staffordshire Police's Major Investigation department, the Health and Safety Executive and the Crown Prosecution Service Paul Nolan, the site manager, was charged with Alexander's manslaughter and failing to discharge a duty contrary to section 33 of the Health and Safety at Work Act 1974. Mr Nolan pleaded not guilty to both charges. A & A Building Services pleaded guilty to a Health and Safety at Work charge by failing to ensure the health, safety and welfare at work of employees. Darren Barrie Atkins, A & A Building Services director, pleaded not guilty to the same charge. On 17 September 2007 Paul Nolan was acquitted of manslaughter after a 13-day trial at Stafford Crown Court. But Mr Nolan was convicted of failing to discharge a duty, contrary to the Health and Safety at Work Act 1974, and fined £5,000 plus £1,000 costs. He had denied the charges. A &A Building Services director, Darren Atkins, aged 42, Nolan's manager, denied contravening the Health and Safety at Work Act 1974, but was convicted and fined £15,000 plus £7,700 costs. On 21 September Nolan was ordered to pay the fine within 28 days or face three months imprisonment. Setting the fine the Judge addressed Nolan saying that, 'you were responsible for the day-to-day running of the site and showed a complete disregard for the safety of the workers working under you; you thought you knew best... but you didn't. You were failed by your employers but you failed Alex Hayden.' The judge also ordered Atkins's fine to be paid within three months, or face nine months imprisonment. To Atkins the judge said, 'You were the director responsible for health and safety but you did next to nothing about health and safety, ignored clear warning bells, fell very short of what was expected and there was a high degree of neglect.' A&A Building Services Ltd was fined £55,000, to be paid at the rate of £1,500 per month. Of the company the judge said: "There was a disregard to Health & Safety, it fell so very far short...... in the culture of a growing business the ethos didn't change and slack or absent procedures stayed within the company.' In setting the fines the judge said he had, 'Paid regard to the financial position of the company but aggravating features of the case had set the high fines imposed ... to send a message.' Additionally, costs were set at £1,000 Nolan, £7,700 Atkins and £6,000 to be paid by the company. The judge's opening remarks summarised the case when he said, 'This case shows why it is necessary to have proper rules and procedure on construction sites - the accident was wholly avoidable.' HSE inspector Dave Brassington said, 'Basic health and safety precautions are all too frequently ignored and appropriate training is not given for workers on building refurbishment sites - it is completely unacceptable that so many lives are being put at risk. The simple fact is that, despite knowing what they should be doing, too many people are prepared to allow bad practices to continue, even though last year 39 people died on refurbishment, repair and maintenance sites. 'In this particular case there were many opportunities presented to the company, to improve the management of health and safety, but advice given by industry safety experts and the HSE was wilfully ignored. 'We are determined to tackle this issue head-on to prevent such tragedies and will continue to take enforcement action against those who flout safety precautions. Let me be clear to all those who put lives at risk - we will continue to carry out further inspections and will take all action necessary to protect workers, including closing sites and prosecution.' HSE Regional Director Marcia Davies said, 'My advice to those who work in the refurbishment sector is to plan work, use competent workers, give the required training and use the right equipment safely. 'In June/July this year we ordered work to stop immediately during 14 on-site inspections because we felt life was at risk. Each time that we release statistics or carry out a prosecution in the construction sector there is a momentary improvement in safe working practices but we want contractors to think 'safety first' at all times, as injury prevention is not something to start thinking about after an accident has already happened. 'We welcomed the Secretary of State's decision to hold a Construction Forum and hope that this will further influence the construction industry to manage health and safety issues to a better standard, to minimise risk to employees and the public.' The court heard that Alexander had only been driving the nine-ton truck for two months - during which he had been involved in two other accidents - and had not received the required training. Approximately two weeks before his death he was thrown from a Bobcat digger he was using when it fell into a trench at the site. Safety bars, or a trained ‘banks man’, to stop the dumper truck falling down the embankment Alexander was tipping from on the day he died were not in place. A joint investigation by Staffordshire Police and the Health and Safety Executive (HSE) was launched into Mr Hayden’s death. Detective Chief Inspector Phil Lee, from the Force’s Major Investigation Department at Water Street, Newcastle, said, 'Our enquiries uncovered a catalogue of major health and safety flaws at the site that meant, unfortunately, Mr Hayden’s death was a tragedy waiting to happen. 'This hearing sends a vital message to employers about their responsibility to their staff. We would like to thank HSE staff and the CPS Special Crime Division at York for their support in this investigation. 'Hopefully today’s outcome will provide some comfort for Mr Hayden’s family as they live with his loss.'
Lubomir Tihlar
Lubomir, a lorry driver from the Czech Republic, died in a lorry trailer at Pillaton Farm, Pillaton. He had driven the lorry containing 54 slabs of granite, held on two A-frames, from Italy to kitchen planning company Just Granite at Pillaton Farm. The inquest was held at Staffordshire South Coroners Court at Stafford on 19 June 2006 when the jury returned a narrative verdict: the death was 'as a result of accidental traumatic asphyxiation because Mr Tihlar was crushed by heavy granite slabs unloading a lorry'. The jury heard that Lubomir had arrived at Just Granite a day earlier than expected. He was concerned about reaching London by 5pm that day so arrangements were made to order a crane to move the granite as soon as possible. A 70-tonne crane was brought in for the unloading because there were no 35-tonne cranes, which are normally used in the unloading process, available. As a result the lorry was backed into position with its cab at a 60-degree angle to the trailer, which was on a three degree slope. Just Granite Limited was fined a total of £10,000 and costs of £4,470.80 were awarded to the prosecution at Stafford Magistrates' Court on Thursday 1 February after pleading guilty to a breach to a breach of section 3(1) of the Health and Safety at Work etc Act 1974 and Regulation 3(1) of the Management of Health & Safety at Work Regulations 1999. Speaking after the case, HSE investigating inspector Peter Yoxall said, 'The death of Mr Tihlar was the tragic result of a failure to take practicable precautions to control the risks associated with the unloading of vehicles that contained granite slabs. Carrying out a risk assessment for workplace transport and making sure that it is practical and effective is sensible health and safety.'
Darren Ellis
Darren, a welder at the JCB Earthmovers plant in Cheadle, died at about 5am after an incident at the plant causing severe head injuries. On 11 April 2006 the police announced the Crown Prosecution Service (CPS) had decided there was insufficient evidence to support charge of corporate manslaughter and consequently no charges would be brought. The Health and Safety Executive (HSE) is still considering charges. An HSE mechanical engineering specialist from Nottingham was sent to the scene to help with the inquiry and a spokeswoman for the HSE at Newcastle said, after the Police and CPS decisions, that no decision had yet been made by them on possible action. She said, 'It is still under investigation. It is a complicated investigation and there are still quite a number of lines of inquiry to follow up.' In May 2007 the CPS announced that its investigation was over and there would be no charges. Therefore the inquest into Darren's death could go ahead. It was held at Stoke on Trent Coroner's Court on 3 and 4 July 2007 when a verdict of 'Accidental Death' was returned. In November 2007 the HSE began its prosecution of JCB at North Staffs Magistrates Court but the court decided their power to impose a fine of up to £20,000 would be insufficient and committed the case to crown court in 2008.
Paul French
Paul was cleaning windows at the Naturana factory in Lichfield when he fell 20 ft from a ladder. He sustained serious head injuries and died in Queen's Hospital in Burton upon Trent. The inquest was held at Staffordshire South Coroners Court on 4 May 2007 when a narrative verdict was returned: 'Paul French died as the result of a fall from an unsecured ladder.'
Mark Fowell
Mark died in an incident with a moving articulated lorry. The inquest was held at Staffordshire South Coroners Court sitting in Stafford Crown Court on 2 May 2007 when a verdict of 'Accidental Death' was returned. In November 2006 Paul Everall was fined £1,800, and costs of £708.00 were awarded to the prosecution, at Stafford Magistrates' Court after pleading guilty to a breach of the Employers' Liability (Compulsory Insurance) Act 1969. The case brought by the HSE follows its investigation into Mark's death. The investigation revealed that Paul and Charles Everall, trading as CT Everall Transport, failed to arrange any insurance for Mark, who had been an employee for nearly two years.
Simon Rose
Simon, a heavy goods vehicle engineer, suffered massive head injuries when the refuse collection wagon he was repairing at a council depot in Burton suddenly moved forwards and collided with another wagon. At the time of the incident Simon was working underneath the vehicle attempting to fix a problem with the parking brake. The inquest was held at Staffordshire South Coroners Court sitting in Stafford Crown Court on 4 May 2007. Council driver Gary Penlington returned to the depot and saw Simon under the vehicle. As he got out of his cab, he heard a tapping noise and a few moments later, a bang. The refuse truck had rolled forward and struck another vehicle. He ran towards Simon but realised he could be of no assistance and raised the alarm. Simon was working for vehicle manufacturer Dennis-Eagle and had been called to East Staffordshire Borough Council's Millers Lane depot to attend to the vehicle. The council's transport manager at the time, Eric Chamberlain, told the inquest he had spent some time with Simon explaining the lorry's faults, including a problem with the handbrake which worked intermittently. Mr Chamberlain left him to carry out the repairs and when he returned 15 minutes later, Simon who was in the cab, indicated he was making progress. Immediately after the fatal incident, Mr Chamberlain went to the wagon and switched off the engine. Asked if he was surprised that the engine was running, he replied 'no', but said, 'What you would not do was have it in gear at the time.' Vehicle examiner Andrew Smith said the significant fault on the wagon was an erratic relay valve to the parking brake, which may have been sticking. A reconstruction of the incident was set up using a duplicate vehicle. The only time it rolled over the chocs was when it was in gear,' he said. The jury returned a verdict of 'Accidental Death'. Expressing his condolences for Simon's 'very unfortunate' death, Staffordshire South Coroner Andrew Haigh told members of his family, 'Why the vehicle appears to have been in gear, I don't know.' Dennis Eagle Limited was fined £166,000 with costs of £22,612 at Stafford Crown Court, on 2nd June, 2008, for offences relating to Simon's death. Dennis Eagle was charged, under Section 2 of the Health and Safety at Work etc Act (1974), with failing to ensure the safety of field service engineers, including Simon. An investigation into Simon's death revealed that he was an experienced engineer who was competent in problem-solving and was working in a logical way to solve the handbrake problem. However, Dennis Eagle had failed to carry out a suitable risk assessment resulting in inadequate information and instruction on how to proceed safely in this situation and in other varying conditions faced by Simon Rose and other field service engineers who work from service centres across the country. Supervision of the company’s field service engineers was also found to be inadequate. No chocks had been provided to allow employees to work safely under vehicles so Mr Rose was using two pieces of brick as an alternative. Speaking after the case HSE Inspector Lyn Spooner said, 'This case demonstrates the importance of not leaving workers to their own devices. Simon Rose was a very experienced and competent engineer, who was working logically to solve a problem. However, in the absence of suitable safe systems of work to provide adequate instruction and in the absence of the provision of adequate equipment (chocks), Simon was forced to improvise, which he had probably had to do on numerous occasions. Unfortunately, this time, it proved fatal. Regrettably, had Dennis Eagle complied with legal duties, his death would had been avoided, which is of little solace to Mrs Rose and her two young children.'
Geoff Dodd
Geoff died 14 months after falling from ladder. Geoff, a co-director of AJB Decorating Ltd, was working alone at a private home. The homeowner, David White, who had come to speak to Geoff told the hearing, 'The ladder was resting on the pitch roof and he was standing at the top of the ladder. I don't know if he fell because the ladder slipped or if the ladder slipped because he was falling.' Geoff suffered serious brain injuries in the fall. His recovery was hampered by hospital-acquired infection including MRSA and Clostridium Difficile. The inquest was held at Stoke-On-Trent and North Staffordshire South Coroners Court on 17 April 2007 when a narrative verdict was returned: 'The deceased died as a result of injuries sustained in a fall from a ladder but the cause of the fall was not ascertained.' The homeowner, David White, who had come to speak to Geoff told the hearing, 'The ladder was resting on the pitch roof and he was standing at the top of the ladder. I don't know if he fell because the ladder slipped or if the ladder slipped because he was falling.' Paul McNamara
Paul was crushed to death at the rear of a digger when a hydraulic system on the machine malfunctioned. Paul died instantly after suffering a traumatic head injury The inquest was held at Staffordshire South Coroners Court on 13 December 2007. Health and Safety Executive (HSE) inspector Lynne Boulton told the hearing in Stafford that Paul, who was working in the company's Backhoe Loader Division at JCB's headquarters in Rocester, would have had no chance of surviving. She said there was CCTV covering the area where the accident happened but it did not show a clear image of what happened. Mrs Boulton told the jury inquest, 'You can see the movement of the boom. It moved from the centre to where he was trapped in about two seconds. It was a rapid movement. 'There would have been no chance for him to escape from his position,' she added. Paul was working on his own fitting a bucket while standing outside the machine he was operating on. The inquest heard that JCB had previously sent out a communication warning of the dangers of working at the rear of diggers while fitting buckets. Mrs Boulton said since the accident JCB had carried out a risk assessment to cover the job Paul was doing. Brian Slaney, a supervisor at JCB, said following a 'near miss' the company has issued the communication for staff warning them of the dangers of becoming trapped from operating alone outside vehicles. He said, 'It was a terribly tragic incident. In hindsight we wish we could have prevented it.' Roger Evans, from the Health and Safety Executive, said the hydraulic system on the digger malfunctioned while Paul was fitting the bucket. He said debris was found in the system during his investigations. He added, 'The arms of the diggers do move quite quickly. He would have had little chance to escape.' The jury returned a verdict of 'Accidental Death'. Afterwards Paul's wife, Tracey, issued a statement on behalf of her family. She said, 'This is a tragedy that should never have happened. JCB is a large, international employer and should have identified the risk and put measures in place to ensure that something like this could not happen. 'It has taken the death of one of their employees to bring in a safer method of doing the job that led to Paul's death. Paul was a member of the GMB and the union will now be instructing its solicitors to start court proceedings on behalf of the family. While compensation will never repair the loss, it will go some way to alleviating the financial hardship caused by the loss of a loving father and husband.' The Coroner, Andrew Haigh, passed on his sympathy to the family. He added, 'I am satisfied that matters raised by the Health and Safety Executive have been taken up by JCB and I don't intend to take matters further.' At the end of December 2007 Clive Brookes, principal inspector for factories with the Health and Safety Executive in Trent Vale, announced that, after reviewing the situation following the inquest, JCB had been summoned to appear before magistrates in Burton on January 14 2008. When the case was transferred to Stafford Crown Court for sentencing in March 2008 Judge Simon Tonking fined JCB Excavators £266,000, with £31,701 costs over Paul's death. Prosecuting, Bernard Thorogood said that Paul had leaned into the cab to operate the lever to move the rear boom. 'The boom moved and trapped him against the stabiliser leg,' he said. 'Mr McNamara was crushed and sustained very significant injuries and died there and then. The lever he had used to operate the boom was jammed and he was trapped for 15 minutes before his body could be released. The lever should have returned automatically to its neutral position.' Mr Thorogood told the court that the job of fitting buckets had also not been risk-assessed and this operation was 'particularly risky'. The company's own operator's manual for this machine also gave a stark warning to customers not to operate the lever from outside the cab, but it was more usual for the staff to operate the controls from outside the cab, the court heard. In 2004, the company had also issued a safety bulletin saying that the practice had to stop. 'But the good intentions of that bulletin were not converted into action, had they been, there is every likelihood that we would not be here today,' Mr Thorogood added. There had also been previous incidents of levers jamming on the machines - one worker told investigators that when it happened 'a good whack would sort it out', the court heard.
Anthony Allen
Anthony suffocated when a one-tonne bale of silage fell on top of him from his tractor arm. It is thought the sodden bale dislodged and rolled on to Anthony. Anthony was working alone in a small yard manoeuvring the bales using the tractor. The inquest was held at Stoke-On-Trent and North Staffordshire South Coroners Court on 4 May 2007 when a verdict of 'Accidental Death' was returned. The Coroner, Mr Smith, said, 'Farmers these days don;t have the resources to buy the proper equipment - £30,000 or £40,000 for one machine is pie in the sky. he wouldn't have had that kind of cash available, so he made do. he bought a this cheaper machine and amended it to suit his particular need. There's no one explanation as to what happened.' Ross Beddow
Ross died while working a morning shift at the Corus factory, Bridgnorth Road, Wombourne, after becoming trapped underneath a sheet of metal. Ross was employed as a sub-contractor by Brierley Hill-based A Hingley Transport Ltd and worked at the plant loading metal on to the company’s vans. Ross had joined the firm four months before. Murray MacGregor, spokeswoman for paramedics called to the factory, said, 'Unfortunately the man had been trapped under some steel plate and was confirmed dead at the scene.' About 100 people work at the Wombourne Corus factory, a hot rolled processing centre which handles plate and rolled steel coils supplying general engineering and manufacturing companies across the UK. It is one of a nationwide network of service centres handling steel produced at Corus’ mills in Llanwern and Port Talbot. The inquest was held at Staffordshire South Coroners Court on 12 December 2007 when a verdict of 'Accidental Death' was returned.
Anthony Mardling
Anthony, contractor, died after becoming trapped inside a hay baler at High Forest Farm in Sharpley Heath. Owner Stephen Biddulph said that Anthony, of neighbouring Stone Heath Farm, was working alone when the incident happened. National Farmers' Union chairman Michael Madders said, 'It is very sad, a real tragedy that his life has been ended in that way. All our sympathies and heart felt sorrow go to Mr Mardling's family for what has happened. It is a reminder to us all to take care when working with machinery like hay balers. 'I don't know what has happened in this case, but what can happen is that a hay baler can get blocked. If you are working on it and the blockage shifts, it can start up again if it is not properly turned off and you can find yourself in a lot of trouble. I wouldn't like to speculate whether that has happened in this case, but it has happened in the past.' The inquest was to be held at Staffordshire South Coroners Court.
Craig Reaney
Craig, a council worker, died following an incident with his recycling truck in Rugeley. A rapid response vehicle was on the scene within minutes and an air ambulance was deployed but Craig was pronounced dead at the scene, said West Midlands Ambulance Service. Staffordshire Police said that they had arrested a man in connection with the accident on suspicion of causing death by dangerous driving and granted him unconditional bail until April 2009. The inquest was to be held at Staffordshire South Coroners Court.
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