On 26th January 2022, 41-year-old Mr. John Traynor from Ballycastle, an employee of I.J Lynn and Sons Ltd, was operating a 9-tonne Terex (a forward-tipping dumper truck) at a project at Knockagh Road, Carrickfergus, when it entered an aqueduct channel and overturned. Mr. Traynor was fatally injured as a result of the incident.
In a case brought by the Health and Safety Executive for Northern Ireland (HSENI), I.J Lynn and Sons Ltd, of Glenshek Road, Ballymoney, and John Graham Construction Ltd, of Ballygowan Road, Hillsborough, had each pleaded guilty to one offence under health and safety legislation.
I.J Lynn and Sons Ltd, was fined a total of £45,000 for a single health and safety offence. The Principal Contractor for the works, John Graham Construction Ltd, was also fined a total of £100,000 for a further offence.
The HSENI led investigation found that the risk assessment and method statement produced by John Graham Construction Ltd, was not suitable and sufficient. Following a late change to planned works, the risk assessment was prepared a short time prior to works commencing. The risk assessment failed to make the work instructions sufficiently clear, leading to uncertainty and confusion amongst workers. I.J Lynn and Sons Ltd failed to provide adequate supervision on the day of the incident, to ensure their employees followed a safe system of work.
Additionally, both employers did not ensure that robust control measures were in place to prevent the foreseeable risk of a dumper overturning or overrunning into the channel. Relatively simple control measures such as a suitable bund/stop block were not put in place.
Prosecutors in the PPS’s Fraud & Departmental Section worked closely with HSENI to build a robust prosecution case.
Following the hearing, HSENI Major Investigation Team Inspector Sophie Pearson explained, “It is well known within the construction industry that dumper trucks are involved in many construction transport incidents and can cause death and serious injuries, particularly to drivers. The main cause of these incidents relates to dumper trucks overturning on slopes or embankments. Principal Contractors and subcontractors each have a responsibility to ensure safe systems of work are in place. Employers must adequately assess risks and implement effective control measures, ensuring they are maintained. Such controls may be relatively simple and do not need to be complicated. For example, the use of stop blocks can provide a safe distance from the vehicle and open edges, or a bund can reduce the risk of a vehicle overrunning. Detailed advice on managing workplace transport risks is readily available to employers. HSENI will not hesitate to take enforcement action to ensure workplace transport risks are appropriately managed”
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