A construction company has today been sentenced after an employee was run over and killed by a dumper truck.
Edinburgh Sherriff Court heard how, on 5 December 2016, Allenbuild Limited was the principal contractor on a construction site when an agency labourer was run over and killed by a dumper truck, driven by an employee of Crummock (Scotland) Limited. The incident happened at a building site know as ‘The Engine Yard’ at Leith Walk, Edinburgh.
An investigation by the Health and Safety Executive found Allenbuild Limited failed to organise the construction site in such a way to ensure that pedestrians were not carrying out work on or near traffic routes whilst vehicles were in operation. It is thought that the deceased was spray painting a ‘piling marker’ in front of a dumper truck, when it moved forward, driving over him.
Allenbuild Limited of Cheapside, London plead guilty to breaching Regulation 27(1) of the Construction (Design and Management) Regulations 2015 and was fined £600,000.
Speaking after the hearing, inspector Rob Hirst said: “This was a tragic and wholly avoidable incident that arose due to the company’s failure to ensure that pedestrians were not carrying out work on or near traffic routes whilst vehicles were in operation.”
The Information Commissioner’s Office (ICO) has fined Everything DM Ltd (EDML), based in Stevenage, £60,000 for sending 1.42 million emails without consent.
The investigation found that, between May 2016 and May 2017, the firm used its direct marketing system called ‘Touchpoint’ to send emails on behalf of its clients for a fee.
Those emails gave the impression they were sent by the clients directly, and EDML couldn’t prove that the recipients had ever given consent to receive marketing emails from its clients or itself.
The investigation revealed that EDML relied on the consent of third parties but didn’t take reasonable steps to make sure the data complied with the Privacy and Electronic Communications Regulations (PECR).
ICO Director of Investigations, Steve Eckersley, said:
“Firms providing marketing services to other organisations need to double-check whether they have valid consent from people to send marketing emails to them. Generic third party consent is not enough and companies will be fined if they break the law.”
The ICO has also served an Enforcement Notice on EDML requiring them to comply with PECR in the future.
Simon Thomerson has been sentenced to 8 months in custody after pleading guilty to a health and safety breach that resulted in the death of two brothers.
Luton Crown Court heard how Mr Thomerson, the sole owner and director of Clearview Design and Construction Ltd, had been contracted by the owners of an industrial park in Hoddesdon, Hertfordshire to refurbish several of the units.
Brothers Ardian and Jashar Lamallari had been employed as labourers and were working inside the unit at 16:45 on 3 October 2015 when an explosive fire occurred within one of the units. Both brothers suffered near 100 per cent burns and died within 12 hours of the incident. A third man who was working with them also suffered severe burns, but survived.
A joint investigation by Hertfordshire Constabulary and the Health and Safety Executive (HSE) found that Mr Thomerson had supplied the three men with several litres of highly flammable “thinners”, which they then poured onto the floor of the unit to remove old dried carpet tile adhesive.
The investigation found that Mr Thomerson had given no serious consideration to the safe use of the thinners, despite the obvious warnings on the containers. The vapour spread over an area up to half the size of a tennis court and was ignited by one of several possible ignition sources that were in the area.
Sole owner and director of Clearview Design and Construction Ltd, Simon Thomerson of Sutherland Avenue, London, pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work etc. Act 1974. He received a custodial sentence of 8 months and was ordered to pay a victim surcharge of £170.
Detective Inspector Justine Jenkins from the Bedfordshire, Cambridgeshire and Hertfordshire Major Crime Unit who led the investigation said:
“This was a tragic event that led to the death of two men in absolutely horrific circumstances. We have worked closely with HSE and our other partner agencies to ensure that the failings by those in control of the site were identified and prosecuted and are satisfied that the sentence delivered today reflects the seriousness of those failings.”
Speaking after the hearing, HSE inspector Paul Hoskins said: “This tragic incident led to the wholly avoidable death of two brothers, Ardian and Jashar, destroying the lives of their young families.
“The risks of using highly flammable liquids are well known, and employers should make sure they properly assess the risks from such substances, and use safer alternatives where possible. Where the use of flammable solvents is unavoidable, then the method and environment must be strictly controlled to prevent any ignition.”
In a victim impact statement, Zana Lamallari, wife of Jashar said:
“After the death of my husband, my family life has completely been destroyed. My children’s and my future has been completely destroyed. He was everything to me.”
In a victim impact statement, Ismete Lamallari, wife of Ardian said:
“The impact in my life is so big. My family has been destroyed; my home, everything. My husband was very loving towards the children and everyone. He was an honest worker.”
The corac team
News and thoughts from Centaur House
Open Government Licence
In addition to our own posts we also post news content from selected government agencies.
We are pleased to include the following attribution statements in recognition of the content we use in the following categories:
"Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence"
Environment Agency -
"Contains Environment Agency information © Environment Agency and database right"
Food Standards Agency
Plus other general .gov content:
"Contains public sector information licensed under the Open Government Licence v3.0".