Rick Jeager-Fozard, foreman at Kimberly Access’ Iver depot, was killed when a brand new Genie Z135/70 platform he was in overturned, with the basket landing on the hard should of the M25 motorway.
The incident happened way back in June 2013 but has taken nine years to reach court.
Reading Crown Court heard that the foreman was carrying out a routine pre-delivery inspection. The MEWP extended to an unsafe angle and resulted in it toppling.
The investigation by the Health & Safety Executive (HSE) found that the device had become unsafe because a miscalibration of its secondary boom angle sensor, which started to extend even though the boom had not been raised to the necessary angle. It was found that the MEWPs secondary boom had raised to an angle around six degrees lower that required, the boom then extended beyond its safe working limit and tipped over.
The miscalibration occurred through incorrect data being manually manipulated and uploaded onto the machine via a laptop using password protected WebGPI software. Carrying out of warranty repairs on the machine during this period, including granting access to the WebGPI software, was Genie UK’s responsibility.
Genie UK Limited of The Maltings, Wharf Road, Grantham, Lincolnshire pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974. The company was fined £270,000 and ordered to pay costs of £165,175.
HSE inspector Stephen Faulkner said: “This was a tragic and harrowing incident. Modern high reach MEWPs rely on accurate data to ensure they extend and operate safely, and steps should be taken to ensure the process of calibrating sensors is correctly followed.”
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