A Shaw company has been ordered to pay more than £158,000 after it was prosecuted by Oldham Council for breaching health and safety at work legislation which indirectly led to the death of an employee.
Wayne Mallinson died in hospital as a result of an allergy to an aesthetic after an accident at James Dunkerley Steels Limited (JDS Ltd), Holyrood Sidings back in July 2015.
The company had taken delivery of a mixed load of steel beams on a flatbed wagon and three men were unloading.It was decided that the stacks were packed too closely together and required separating.
One of the men was instructed to obtain the company’s telescopic handler – a large four wheeled vehicle with metal forks attached to a moveable arm.
The forks were positioned under the steel and lifted around six inches but it caught the underside of the adjacent stack resulting in the beams falling onto employee Wayne Mallinson, trapping his arm and causing serious injuries.
Mr Mallinson was taken to hospital but later died as a result of a severe reaction to an anaesthetic agent.It was accepted by the Prosecution that the injury Mr Mallinson suffered is unlikely to have made a significant direct contribution to his death.
Oldham Council officers investigated the accident and found that the company had failed to properly plan the unloading process and carry it out in a safe manner.
JDS Ltd had also failed to adequately train its staff as was necessary to carry out safe lifting and unloading of steel beams.
On 1 March, 2017 at Tameside Magistrates’ Court the company pleaded guilty to an offence under section 2(1) of the Health and Safety at Work Act 1974.
The company was fined a total of £146,500 with £11,600 costs and a £120 victim surcharge.
Councillor Barbara Brownridge, Cabinet Member for Neighbourhoods and Co-operatives, said: “This was a tragic accident that sadly ended with the death of Mr Mallinson. Our thoughts are with his family and friends.
“Companies should adhere to health and safety laws at work and those that don’t will be prosecuted by Oldham Council.”
