Burnley firm fined after scaffolder's death (From Burnley and Pendle Citizen)

Burnley firm fined after scaffolder's death

3:03pm Monday 11th February 2008 in News By Peter Magill, Chief reporter

A BURNLEY firm has been fined £75,000 after a trainee scaffolder fell 50 feet to his death.

Steven Burke, 17, died just a fortnight after his bosses have been served with a warning notice because two safety harnesses were in such poor condition.

Steven was wearing a harness at the time of the tragedy, but it was not clipped to the scaffolding.

Inquiries revealed his team were due to earn a bonus if their job was completed within a day.

Today at Minshull Street Crown Court, Manchester, Steven's bosses at 3D Scaffolding Ltd, of Brunnell Drive on the Northbank Industrial Estate in Irlam, admitted health and safety charges.

It was fined £60,000 and ordered to pay £20,000 costs.

David Swindell junior, son of David Swindle, MD of the company 3D, pleaded quilty but was found guilty after a trial. He was fined £7,500 and ordered to pay £15,000 costs.

Structural repair specialists RAM Services Ltd of Holyoake House, Lowerhouse Lane, Burnley, which employed 3D, pleaded guilty to health and safety charges and was fined £75,000 and £20,000 costs.

Principal contracter Mowlam PLC of White Lion Court, Swan Street, Isleworth, Middlesex pleaded guilty to health and safety charges. It was fined £75,000 and ordered to pay £70,000.

Outside court Steven's mum Barbara, 56, said: "My son went out to work on that fateful day and didn't come home in the evening. It is every mother's worst nightmare.

"This kind of thing shouldn't happen.

"Steven was such a likeable teenager with his whole life ahead of him.

"We miss him terribly and the worst thing is that his death could and should have been avoided.

"I hope lessons are learned from this case and nobody ever has to go through this again."

Steven was described by his father as a "fit, safety conscious young man", a 2nd Dan at karate and once a member of the Junior England squad.

The teenager had attended a training course and qualified as a stage one scaffolder and was working for 3D Scaffold Ltd under the main contractor Mowlam plc.

The accident happened on January 30, 2004, when Steven, of Levenshulme, Greater Manchester, was working inside an empty sewage digester tank being refurbished at the Davyhulme Waste Water Treatment Plant in Trafford.

Two weeks earlier on January 16, health and safety inspectors confiscated two harnesses in poor condition at the Davyhulme site and notice was issued to prohibit work on the erection of birdcage scaffolding within digester tank four because no adequate fall arrest equipment was available'.

Later on January 28 just 48 hours before the tragedy a HSE inspector visited 3D to talk to senior managers about training of scaffolders and the use of personal protective equipment. A court heard that the contracts mangers responsible for these issues admitted that he had no training in them.

At an inquest in 2005 which a jury recorded a verdict of accidental death HSE insector Nic Rigby said the route Steven and the other worker had to take was unsafe and did not lend itself to using safety harnesses.

HSE construction inspector Nick Rigby said: "This is a most appalling case which must send the strongest message to everyone responsible for the safety of young workers that they must take that responsibility very seriously.

"Steven was let down by virtually everyone who had a role to ensure his safety."