Legal News

A firm in Sunderland has been prosecuted by the Health and Safety Executive (HSE), after a 19-year-old engineering apprentice suffered fatal crush injuries when a 970kg ship’s tunnel thruster fell on him.

Jason Burden from South Shields was into the fourth year of an apprenticeship at Tyne Slipway & Engineering Co Ltd (TSECL) at South Dock in Sunderland when the accident happened on 8 December 2011.

The apprentice engineer was reassembling the machine on a work bench when the tunnel thruster – a gearbox and propeller used to manoeuvre a ship – toppled off the bench and landed on his torso and leg, causing fatal crush injuries.

The subsequent HSE investigation found that the accident could have been prevented had the machine been secured to the work bench or bolted to supports fixed to the work bench. However, HSE investigators discovered that, although TSECL was aware the tunnel thruster was unstable, the company did not take sufficient steps to ensure it was safe to work on.

The investigation into the accident also revealed that TSECL had no documented risk assessment for working on the machine while it was positioned on the work bench – and also had no documented safety management system for undertaking work on behalf of the manufacturer of the tunnel thruster.

On Tuesday, 21 January at Newcastle Crown Court, Tyne Slipway and Engineering Co Ltd, South Dock, Sunderland pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

Section 2(1) of the Health and Safety at Work etc Act 1974 states:

“It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”

Tyne Slipway and Engineering Co Ltd was fined £75,000 and ordered to pay £47,936.57 in costs.

After the hearing, HSE inspector Paul Miller said:

“Jason Burden was a talented and hardworking young man. His death could easily have been avoided if his employer had properly considered the risks associated with the repair of the tunnel thruster – and then ensured that steps were taken to guarantee the stability of the tunnel thruster while on the work bench.

“The risks associated with the maintenance of machinery must be assessed before work starts – and must take into account forces applied to the machine in order to ensure that appropriate control measures are used to guarantee the stability of the machine.”

Following the hearing, Jason’s father, Trevor Burden, thanked the HSE:

“We would like to thank the HSE and Inspector Paul Miller for bringing Tyne Slipway to court – and prosecuting them for breaching health and safety law that ended in the death of our beautiful son, Jason.

“Jason was the most loving, caring, hardworking and funny lad that you could ever wish to meet.

“His death has left a huge hole in all our lives. We are all heartbroken over his death and the pain is unbearable.”

Duncan Lewis Personal Injury Solicitors

Duncan Lewis is a leading firm of personal injury and Legal Aid solicitors – and can advise families on making no win no fee compensation claims for the death of a loved one as a result of negligence, crime or an accident caused by another party.

For expert help with fatal injury claims, contact Duncan Lewis personal injury solicitors on 020 7923 4020.