A JUDGE has imposed fines of more than £200,000 after a North-East workman died following “serious”
safety failings by his construction firm bosses.
Father-of-three Michael Payne was killed in Greater Manchester in 2003 when he was hit on the head by the mast, or boom, of a telehandler crane.
The 37-year-old, from Thornaby, near Stockton, and other MB Plastics staff regularly operated the faulty crane – despite a cab window which might have protected them having been broken five weeks earlier.
Although it was reported, nothing was done to fix the cab window and Mr Payne was allowed to use it without any safety assessments.
At Minshull Street Crown Court, Manchester, the plastics engineering company, which employs 100 people, was fined £100,000 with £24,322 costs after it admitted failing to ensure employees’ safety.
MB Plastic’s contractor Birse Integrated Solutions also admitted a breach of health and safety rules and was fined £50,000 with £41,072 costs.
The court heard that Mr Payne died on September 19, 2003, at Davyhulme Wastewater Treatment Works, in Trafford.
He was fatally injured when his upper body was trapped between the side of the cab he was in and the boom. It is believed he had leaned out of the cab and accidentally knocked the joy stick – bringing the boom down. A verdict of accidental death was returned at a 2006 inquest.
Passing sentence yesterday, Judge Peter Lakin said the telehandler’s offside window, which should have acted as a guard, had been missing for five weeks – something reported to both the foreman and site manager.
“Despite these complaints, no effort was made to replace the window prior to Mr Payne’s death,” he said.
“An assessment should have been done to see if it was safe to continue using the machinery.
There was no such assessment.
“After it was smashed, the window provided no protection. On each occasion the driver was exposed to significant risk.
“As a result, the workforce were exposed to unnecessary and avoidable risk. That risk resulted in Mr Payne’s death.
“In my judgement it is a serious case of its type.”
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