Latest case report from the HSE;
Kenneth (Kenny) McCord, 56, died following an incident on 16 July 2020 at JJ Tyres & Recovery based in Bootle, Merseyside.
Joseph Jones, the owner of JJ Tyres & Recovery in Bootle, was jailed for ten months at a hearing at Liverpool Crown Court on 4 August 2023.
The court heard that Mr McCord was assisting in the removal of the flat rear bed of a tipper van – to salvage spare parts – when the hydraulic system of the tipper bed was released without the support arm being in place. The flatbed then fell and crushed him while he was working underneath it. Mr Jones and two other employees on site managed to get Mr McCord out from under the tipper bed and the chassis of the vehicle. He appeared shaken but was still able to talk and have a drink of water.
Shortly afterwards Mr McCord’s condition started to rapidly deteriorate, and an ambulance was called. He was taken to Aintree hospital where it was found he was suffering from significant internal injuries caused by the crushing. Mr McCord underwent surgery but later died from his injuries.
The Health and Safety Executive (HSE) has guidance available on working under vehicles.
An investigation by the HSE found sole trader Joseph Jones had no risk assessments, safe systems of work or lifting plan. The company did not provide staff with adequate training or made them aware of the dangers associated with removing the flat bed from a vehicle. The investigation also found that if the support arm which props the tipper bed while in the raised position had been in place at the time, this incident would have been avoided.
Joseph Jones, of JJ Tyres & Recovery, Lodwick Street, Bootle, Liverpool pleaded guilty to breaching Section 2(1) and Section 33(1) of the Health & Safety at Work etc. Act 1974. Mr Jones was jailed for ten months at Liverpool Crown Court on 4 August 2023. This HSE prosecution was supported by HSE enforcement lawyer Radha Vaithianathar.
IE COMMENT
To date not one individual has been jailed for the 96 deaths at Hillsbrough Stadium, or the subsequent amended statements, edited evidence, incorrect Coroners verdicts and more.
To date not one individual has been jailed for the 22 deaths at Manchester Arena, apart from the terrorist’s brother. Neither the catalogue of errors in security leading up to the explosion, or the poorly organised, painfully slow response to treat casualties afterwards, have led to a single prosecution.
Despite 38 deaths (disputed by victim’s families, who claim it is over 70) on so-called Smart motorways, no individual involved; politicians, civil servants of agencies like Highways England, has been prosecuted over breaches in duty of care, or corporate manslaughter. Despite being told before a single Smart/ALR motorway was built that removing the hard shoulder would inevitably lead to deaths.
If negligence which results in fatalities in the workplace is a serious crime, which carries a jail sentence, why is it that only the small trader or Directors of small businesses suffer those consequences, whilst the elite face zero consequences, except possibly early retirement?
Something is utterly rotten within the British judicial system.
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