MEL Health and Safety Consultants

Director & Foreman Prosecuted following Death of Operative

Toppling Truck Crushes Driver

A building services company, the company’s director and a foreman have been prosecuted following the death of a worker on 31st August 2005.


The Crown Prosecution Service (CPS) pursued a manslaughter charge against an employee while the Health and Safety Executive (HSE) and Staffordshire Police served their own summonses for alleged breaches of health and safety at work legislation.


Legal proceedings were brought after Mr Alexander Hayden, who was 28 years old at the time of the incident, was killed when a nine-tonne dumper truck that he was driving overran the edge of an embankment.


In trying to jump clear, Mr Hayden sustained extensive injuries when he was crushed by the toppled truck and was pronounced dead at the scene, in Fenton, Stoke-on-Trent.


The court heard that Mr Hayden had only been driving the truck for two months, during which time he had been involved in two other accidents and had not received the required training.


On 21 September 2007, at Stafford Crown Court, Mr Paul Nolan, the Site Foreman and an employee of A&A Building Services Ltd, was found not guilty of the CPS manslaughter charge, but guilty of a charge under the Health and Safety at Work, etc Act 1974. He was fined £5000, to be paid within 28 days or receive three months’ imprisonment.


Mr Darren Barrie Atkins, a Director of A&A Building Services Ltd, was found guilty of the HSE’s charge of breaching health and safety legislation, by failing to ensure the safety of employees. He was fined £15,000, to be paid within three months or face nine months’ imprisonment.


The company had already pleaded guilty at an earlier hearing to health and safety breaches and A&A Building Services Ltd was fined £55,000.


Costs were set at £1000 for Paul Nolan, £7700 for Darren Atkins and £6000 to be paid by the company.