Two construction companies must pay a total of £125,000 in fines and costs for failing to ensure that a cherry-picker, which was involved in a fatality, was safe for use. Amey Infrastructure Services Ltd and Mouchel Parkman Services Ltd were working as a joint venture to carry out maintenance work on the A5036 Princess Way, in Seaforth.

A team of six workers were cleaning and replacing the lights on the central reservation when the incident took place on 20 August 2006.

Peter Cole, 61, was employed by Amey Infrastructure Services and was part of the maintenance team working on the dual carriageway. He had repaired one of the lights from inside the basket of a cherry-picker when, as he was being lowered, the vehicle’s lifting arm collapsed. He fell eight metres and landed on the back of the vehicle. He was taken to hospital but died from his injuries the next day.

The HSE’s investigation learned that the cherry-picker, which was one of three identical vehicles rented from Highland Access Ltd, was nine years old and had a lengthy maintenance record. The joint on the cherry-picker’s arm had progressively degraded as a result of exposure to the elements, and, consequently, it could not cope with the force exerted when lowering Mr. Cole. Inspectors also found that Amey Infrastructure Services and Mouchel Parkman Services had a system in place that required the vehicles to be inspected daily, but these checks weren’t consistently carried out.

Amey Infrastructure Services appeared at Liverpool Crown Court on 1 December and pleaded guilty to breaching s2(1) of the HSWA 1974. It was fined £30,000 and ordered to pay £32,500 in costs.
Mouchel Parkman Services appeared at the same hearing and pleaded guilty to breaching s3(1) of the HSWA 1974. It was ordered to pay the same level in fines and costs.

The HSE also brought charges against Highland Access Ltd but the company went into liquidation in July and the case is no longer being pursued.

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