Andy Herd’s death has devastated a family and left a community in shock.
Will Roberts reports from the last day of the inquest.
CORONER Andrew Tweddle described it as a “scene of devastation”.
It was dawn on a fine, still, spring morning in May when, in a massive explosion, glass and molten metal flew into the windows and walls of shops and houses in the centre of Wolsingham, Weardale, County Durham.
Mr Tweddle, who was at the scene of the accident shortly after it happened, said: “It was as if a bomb had gone off. It was a scene you would have expected to see in Beirut ten years ago.”
The inquest into Mr Herd’s death yesterday returned a verdict of accidental death, but it may not be the last time the case will see a court room, with both the Health and Safety Executive (HSE) and Mr Herd’s widow, Jennifer, considering their legal options.
The inquest revealed that Mr Herd’s employer, Ward Brother’s Plant Hire, in Langley Moor, Durham City, had not modified the van to the recommended level.
The British Compressed Gases Association (BCGA) suggests that an enclosed van carrying a gas such as acetylene should have the equivalent of two per cent of its floorspace as ventilation.
Mr Herd’s red Ford Transit van only had ten per cent of the ventilation required for a vehicle of that size.
Since the accident, Ward Brothers has modified three of the company’s vehicles to meet the standards set by the BCGA.
Joseph O’Brien, acting on behalf of Mrs Herd, also told jurors at yesterday’s inquest that Ward Brothers had not carried out the necessary risk assessments in relation to the Health and Safety Act.
After the inquest, another of Mrs Herd’s representatives, John Brown, said: “The failure exposed Mr Herd to dangers which, for the sake of a few pounds, could have been avoided.
“Mr Herd’s family wait for a decision from the Health and Safety Executive as to whether or not Ward Brothers will face criminal proceedings.
“Mrs Herd will be instituting civil proceedings against Ward Brothers Ltd on behalf of not only herself, but also her daughter, and Mrs Herd wishes to thank everyone for their kindness and sympathy.”
Mr Tweddle told jurors: “It is often as a result of the inquiry that improvements to systems are carried out and lessons can be learned.
“The evidence you have heard has revealed certain issues that we are now more aware of. It is beyond belief that we are talking here about the death of just one person, and if it was in Darlington high street, we could have been talking about 200 deaths, a massive inquiry and public outcry.”
Mr Tweddle has vowed to follow up the inquest with his own action, by writing to the relevant authorities to urge them to educate companies about the dangers of transporting dangerous gas.
“There is a lack of guidance as to how these dangerous substances should be transported and stored,” he said.
Richard Bulmer, head of the HSE’s North-East investigation team, said: “We put out an alert last year following this tragic death stating that acetylene bottles are best carried in open-topped vehicles; if an enclosed vehicle is used it should have adequate ventilation.
“Mrs (Melony) Ridgeway- Buckley, HM Inspector of Health and Safety, has conducted her own Health and Safety at Work investigation and has been assisting the coroner at this inquest. She will now finalise her report in the light of the inquest and we will then be considering whether or not health and safety charges should be laid.”
Stuart Ward, managing director of Ward Brothers Plant Hire, appeared at yesterday’s inquest but declined to answer most of the questions put to him.
Rule 22 of the Coroner’s Rules states that witnesses have the right to decline to answer questions if they believe it may incriminate them in a future court case.
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