Two companies, along with their client, the National Coal Mining Museum Trust, were yesterday (16th December) ordered to pay a total of £590,000 in fines and costs after 58-year-old Michael Buckingham was crushed and killed at the museum.
Mr Buckingham, of Grimethorpe near Barnsley, died after he became trapped between a tunnel construction machine and a dumper loader that he was operating. The fatal incident, on 25th January 2011, happened 138 metres below ground at the museum’s site at Caphouse Colliery in Wakefield.
Sheffield Crown Court heard that Mr Buckingham, an experienced miner and electrician, was part of a team working on a £2.7m improvement project, constructing 140 metres of new tunnels for exhibition galleries.
The museum trust had hired specialist contractor Amalgamated Construction Ltd (AMCO) to build the tunnels. AMCO, which employed Mr Buckingham, was using the two machines, both supplied by Metal Innovations Ltd (MIL).
Mr Buckingham became trapped between the tunnel construction machine and the forward-tipping dumper – a mineral carrying machine – that he had been operating. The incident was investigated by the Health & Safety Executive (HSE), which served a prohibition notice on equipment supplier Metal Innovations after inspectors found the dumper was unsafe.
The HSE told the court that the dumper was patently dangerous in several ways. It did not have a readily-accessible emergency stop function; did not meet essential safety requirements relating to the design and supply or machinery; and posed a clearly foreseeable risk that it would entrap the operator.
AMCO had failed to carry out a suitable risk assessment of the machine or the work activities, including the interactions of the workers and equipment; and had put an unsafe machine to work, exposing staff to substantial risk.
The court was told that the Museum Trust failed to ensure that the mine was run in accordance with all relevant safety regulations.
Amalgamated Construction Ltd, of Whaley Road, Barugh Green, Barnsley, South Yorkshire, was fined a total of £110,000 with £245,000 to pay in costs after pleading guilty to a breach of the Health & Safety at Work etc Act plus a breach of the Management of Health and Safety at Work Regulations.
Metal Innovations Ltd, of Unit 54 Business Park, Llandow, Cowbridge, Wales, was fined £80,000 with £110,000 in costs after admitting a breach of the Health and Safety at Work etc Act in connection with the supply of machinery.
The museum trust was fined £10,000 with £35,000 in costs to pay after admitting breaching the Management and Administration of Safety and Health at Mines Regulations 1993.
HSE principal inspector for mines Paul Bradley said: “There were several factors that came into play that led to the very tragic death of a much-loved and respected family man. It was an incident that could have been prevented but all three parties had a role to play in how it went badly wrong. However, the Trust’s failure did not play a direct role in the tragic loss of life, unlike the combination of failures of the other two defendants.
“It was clearly foreseeable that entrapment and crushing could result from the use of this mobile machinery, given how the work was being carried out. This meant Mr Buckingham had to walk backwards on occasions and operate close to other equipment within the confines of an underground roadway. Low-cost solutions could have addressed these hazards and such solutions were readily available.
“The MIL-supplied forward tipping dumper did not conform to design standards or safety requirements, and the dumper’s canopy both reduced the potential for escape from the incident and caused severe injuries to Mr Buckingham. Other equipment supplied or used by AMCO and Metal Innovations had integral emergency stop facilities within easy reach.
“Machines and equipment must be supplied free from defects and accord with safety provisions. They must be assessed in the work environment and a system of work devised for their safe use.”