Ken Pinkerton, a 47-year-old landscape gardener, was crushed when a one-tonne skip loader he was using tipped over onto its side. He had hired the loader, a type of dumper, along with a mini-excavator from Brian Beavis, who traded as Heavy Plant Repairs, of Canterbury, Kent.
The fatal incident, on 28 September 2011, was investigated by the Health &Safety Executive (HSE), which prosecuted Mr Beavis for serious safety failings.
Key flaws identified by HSE with the skip loader included:
- it had no seat belt
- the roll-over protection could not be operated, and,
- a missing spring meant the engine cover could not be secured.
Guildford Crown Court heard that Mr Pinkerton, who lived with his long-term partner and their six children in Herne Bay, ran his own landscaping business and had been hired for a job in Reigate.
He was using the mini-excavator when it turned over. He then took the skip loader to try to upright the digger. However, as he was trying to operate the machine, it went backwards, reversed over some garden waste, left the ground and then tipped over. He was thrown from his seat and sustained fatal crush injuries.
In addition to several defects on the skip loader found by HSE, Mr Beavis had failed to provide any user information for the construction equipment he had supplied.
Brian Peter Beavis, treading as Heavy Plant Repairs, of Nash Road, Ash, Canterbury, Kent, pleaded guilty to breaching Section 6(1)(a) of the Health and Safety at Work etc Act 1974. He was given a nine months' prison sentence, suspended for a year, and ordered to pay £10,000 compensation to Mr Pinkerton's partner.
Passing sentence, Mr Recorder Nelson QC said: "It is just tragic that six children lost their dad. The deceased would likely have survived had there been a seatbelt and rollover bar."
After sentencing, HSE inspector Amanda Huff said: "Businesses who hire out mobile plant must ensure that is in a safe condition and provide proper safety and user instructions to the customer. Anyone wanting to hire plant would be well advised to check all the safety features are in place and that clear instructions are available."
Got a story? Email news@theconstructionindex.co.uk
