11.02.2008

Firms fined over fall death

A Manager and three firms have been fined a total of £342,500 after the death of a trainee scaffolder in January 2004.
Steven Burke, 17, fell almost 50ft from scaffolding which health and safety inspectors had said was too dangerous to climb two days earlier.

The teenager, from Levenshulme, suffered head and abdominal injuries and died at Wythenshawe Hospital. He was wearing a harness but it was not clipped to the scaffolding.

The tragedy happened at Davyhulme Wastewater Treatment Works in Trafford in January 2004, a fortnight after Steven's bosses were served with a warning notice because two safety harnesses were in such poor condition.

Steven's parents Bernard and Barbara Burke and his brother Leigh have waited four years for justice and the family is now planning to pursue civil proceedings.

Mr Burke, 57, said: "The last four years have been a terrible ordeal. We're glad the court case has come to a conclusion. Steven's death should never have happened."

Steven was was employed by 3D Scaffolding and under the control of a visiting contracts manager David Swindell Jnr.

The firm was contracted by RAM Services, itself a subcontractor of the project's principal contractor, Mowlem Group.

Judge Jonathan Foster QC, sentencing at Manchester Crown Court, told Mr Swindell and the three companies the case was `a tragic example' of the `disregard for safety measures'.

He fined 3D Scaffolding, of Northbank Industrial Estate, Irlam, £60,000 and ordered it to pay £20,000 costs, after it pleaded guilty to two breaches of health and safety legislation.

David Swindell Jnr, of Barrington Drive, Middlewich, was found guilty of breaching health and safety legislation. He was fined £7,500 and ordered to pay £15,000 costs.

Principal contactor Mowlem, of Isleworth, Middlesex, and RAM Services, of Lowerhouse Lane, Burnley, which employed 3D Scaffolding, each pleaded guilty to charges of breaching health and safety legislation. Mowlem was fined £75,000 and must pay £70,000 costs.

RAM Services also pleaded guilty to failing to ensure scaffolding used by its employees had been properly inspected to ensure it was safe to use. It was fined £75,000 and ordered to pay £20,000 costs.