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Jail sentence and disqualification for director, after worker dies in loading accident (5 September 2016)

Date: 05/09/2016
Duncan Lewis, Personal Injury Solicitors, Jail sentence and disqualification for director, after worker dies in loading accident

The Health and Safety executive (HSE) has prosecuted a company director, after a worker died from crush injuries in a loading accident.

Father-of-three Paul Williamson, 51, died on 29 January 2014, when a remote controlled Mobile Elevated Working Platform (MEWP) he was loading onto a truck fell from the ramps and crushed him.

An HSE investigation found that Mr Williamson had not been adequately trained on the use of the ramps, the lorry and the MEWP.

No risk assessment had taken place – and no safe system of work had been created for the equipment, which had only been in operation for eight days.

The gradient of the ramps was also above the manufacturer’s specification –
and they were not secured to the lorry. As the MEWP – a Spider 1800 – was loaded onto the truck, it toppled off the ramps onto Mr Williamson.

At Manchester Crown Court, company director Kenneth Thelwall of Burleigh Road in Enfield, Middlesex was charged under Section 37 of the Health and Safety at Work Act.

Thelwell was sentenced to 12 months in prison – and was ordered to pay costs of £4,000.

He was also disqualified from being a company director for seven years.

Thorn Warehousing Ltd was charged under Section 2 of the Health and Safety at Work Act and was fined £166,000 and ordered to pay £10,400 costs. The company is currently in administration.

After the hearing, HSE Inspector Helen Jones said:

“Kenneth Thelwall failed in his duty as a director to protect his workers.

“He was involved in the day-to-day running of Thorn Warehousing Ltd – and should have ensured the company provided Paul Williamson with the right equipment and training to carry out his job.

“Had he done so, Mr Williamson would still be alive today.”

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For expert legal advice on no win no fee Fatal Injury Claims, call Duncan Lewis personal injury solicitors on 0333 772 0409.


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