Driver death firm is fined £250,000

Wednesday 8th October 2008, 11:50AM BST.

The death of a Shropshire trucker who died after being crushed between two lorries was “a needless tragedy”, health and safety bosses said today.Pentons Haulage and Cold Storage, of Maesbury Road Industrial Estate, Oswestry, was fined £250,000 yesterday after admitting two health and safety breaches following the death of 51-year-old Jonathan Tiernan.

Mr Tiernan, of Shrewsbury, was crushed between two lorries during a transhipping operation to move a load of dairy goods from one lorry to another.

Councillor Robert Marshall, deputy leader of community services at South Staffordshire District Council, which brought the prosecution, said today: “Mr Tiernan’s death was a needless tragedy which could have been so easily avoided had the haulage company put into place basic health and safety systems.

“Still too many workers die or are injured every year because of some companies’ failure to follow the rules and operate safely.”

Jenny Rhodes, the council’s environmental health manager, said: “I hope this case and the fine imposed will act as a deterrent and will help make other businesses think more seriously about the safety of their workforce.”

Pentons was also ordered to pay £20,000 legal costs following yesterday’s hearing at Stafford Crown Court.

Mr Barry Berlin, prosecuting, told Mrs Justice Rafferty the charges were brought following the accident in October 2005.

Mr Tiernan, of Havelock Road, Belle Vue, Shrewsbury, was crushed between two lorries at a truck stop near Wolverhampton. He was standing behind his parked lorry waiting for another lorry to reverse.

He suffered serious injuries and died seven months later at the Royal Shrewsbury Hospital.

Mr Mark Laprell, for Pentons, said the incident was not a general representation of the firm’s attitude towards health and safety. He said a lack of “joined-up management” had led to the accident.

He said the firm had now changed its transhipping methods and had employed a health and safety consultant. He passed on the firm’s “sincere condolences” to Mr Tiernan’s family.

Mrs Justice Rafferty said Mr Tiernan was “the innocent party of a procedure that cost him his life.”

By Iain St John



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