Co Antrim firm fined £175,000 over “tragic death” that was “completely preventable”

Judge says work set-up that lead to death “was obviously inherently dangerous”

A Northern Ireland firm has been fined £175,000 over a “tragic death” that investigators say was “completely preventable”.

The Co Antrim trailer manufacturing company was fined on Wednesday over health and safety failings that lead to the death of father-of-three Maciej Wieczorek.

Imposing the fine on McCauley Trailers Ltd, Judge Alistair Devlin paid tribute to the 46-year-old. Mr Wieczorek’s widow and other family members sat in the public gallery of Antrim Crown Court, listening as the judge outlined how the victim was clearly “warm, affable and clearly a man of undoubted good character”.

Having arrived in Northern Ireland from Poland in 2005, Mr Wieczorek “worked hard to provide for his family and clearly, was held in high regard by everyone who knew him or worked with him”.

In her victim impact statement, Mrs Wieczorek wrote that her husband had been “a great father, a great husband and a great friend” and that his tragic and untimely death happened in seconds but has “shattered” their family.

On the day the defendant company was due to go on trial last June, managing director Owen Kelly entered guilty pleas to two of the three charges including failing to provide and maintain a safe system of work and “being an employer, failed to make a suitable and sufficient assessment of the risks to the health and safety of your employees,” on 4 September 2019. Following the admissions, the more serious charge of corporate manslaughter was left on the books.

Opening the background of the case, Judge Devlin told the court how McAuley Trailers Ltd has been in business for “well over 60 years,” is based on the Gloverstown Road in Toomebridge and with around 60 employees, had an annual turnover of around £10million.

Owned by the Kelly family, the company is involved in the manufacture of trailers for use in agricultural and commercial settings.

Mr Wieczorek, the judge told the court, worked in the shot blasting shed and at the time of his tragic and untimely death, he had been working on a tipper trailer.

The court heard that for Mr Wieczorek to be able to shot blast the underside of the large tipper trailer in preparation for painting and finishing, it had to be raised up.

While there was a crane in the roof of the shed, it was not used to raise trailers as it was not working properly so instead, the forklift driver lifted it. When Mr Wieczorek placed a prop underneath it, he would give the forklift driver “the thumbs up” when it was in place.

That method, Judge Devlin told the court, “was obviously inherently dangerous”.

The trailer having been raised and the forklift driver given the thumbs up, he left Mr Wieczorek to perform other duties. When he went back some time later, however, the trailer had fallen off the prop and killed Mr Wieczorek.

The fork lift driver and other employees performed CPR until the rapid response ambulance and the air ambulance arrived but tragically, Mr Wieczorek could not be resuscitated.

During the ensuing investigation, it transpired that “a person or person unknown” had modified the prop to make it easier to use, but it was also less stable.

Judge Devlin said that despite investigations and inquiries, no one has admitted to modifying the prop but it was clear it had been used for some time as there was paint at one end.

“The prosecution say that misses the point because it was for the company to have at all times, information and a proper monitoring system in place,” the judge told the court, repeating that the forklift method was an “inherently hazardous operation that very obviously, should not have been allowed”.

The tragic death triggered an investigation by the Health & Safety Executive and they found that rather than proper, documented risk assessments and safe systems of work being implemented and supervised, it was left up to individual employees “that they should not do something if it appeared dangerous”.

It also transpired that an inspector had conducted an examination in 2016 which had found 20 points of concern, all of which were put in writing to the defendant company. Judge Devlin told the court there was evidence before him the inspector, “had to chase the defendant company for a response”.

“The defendant company has pleaded guilty by agreement on the basis that it was the failures in their health and safety that caused the death in a case involving high culpability,” said the judge.

Judge Devlin said that taking a starting point of £250,000, he was giving credit for the company’s guilty plea which had saved having to conduct a lengthy and “exceptionally upsetting” trial.

Imposing fines amounting to £175,000, he allowed 26 weeks to pay.

Speaking after the hearing, Health and Safety Executive for Northern Ireland Major Investigation Team Inspector Kiara Blackburn said: “Working under raised loads is a known industry hazard. It is essential that employers identify the risks associated with their work activities and implement adequate controls.

“Safe systems of work, including the use of safe, suitable, and correct work equipment to raise and support raised loads must be in place. Employers must ensure that all employees are aware of the risks and are suitably trained and supervised. This tragic death was completely preventable.”

The investigation established that there were no risk assessments or safe systems of work in place detailing how to safely raise, support and work under a raised tipper trailer during the shot blasting process.

It was found that McCauley Trailers Limited failed to identify and control the risks associated with working under raised loads during this activity. The investigation revealed that the prop being used on the day of the incident to support the trailer had been modified making it “much less effective” in remaining in place to hold the trailer in the raised position.

Mrs Blackburn added: “Enforcement action was taken by Health and Safety Inspectors from HSENI following the incident to ensure steps were taken to protect employees while working under raised loads. HSENI will not hesitate to take enforcement action to ensure that workplace risks are appropriately managed.”

The probe was a joint investigation between the PSNI and the HSENI.

Detective Inspector Lenaghan said: “Today’s sentencing sends a clear message to those who flout the law. This conviction should be a stark reminder to all that legislation is there for a reason and of the subsequent consequences if it is not adhered to.

“The Police Service of Northern Ireland will continue to work in partnership with statutory agencies to tackle and address all crime.”

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