Cherry picker incident leads to HSE prosecution

On 2 August 2007, Mr Chris Cook and Mr Karl Thackrah were working on an elevating work platform (commonly referred to as a ‘cherry picker’) by the side of the A19. Mr Cook had hired the platform from William Birch and Sons Ltd, a York-based construction contractor, so as to touch up paintwork on the first floor of his house. Mr Thackrah was employed by William Birch, and was responsible for setting up and operating the platform.

The platform was located at the side of the road, but no warning signs were erected to alert members of the public that a working platform was projecting into the carriageway. The platform was then struck by a passing lorry, causing Mr Cook and Mr Thackrah to be thrown out of the platform and onto the roadside. Both men were seriously injured, and Mr Cook was in a coma for a month after the incident.

In September 2008 at York Magistrates Court, the employing company, William Birch and Sons Ltd, pled guilty to a breach of section 3 of the HSWA. The company was fined £12,000 and ordered to pay £2,500 in costs. The company had provided training for Mr Thackrah, but it was found that it had failed to ensure that the particular risks involved in the work were adequately assessed and controlled.

Then, in December 2008, Mr Thackrah, was fined £2,500 and £3,500 in costs after pleading guilty to a breach of section 7 of the HSWA. This case is interesting, in that it is relatively rare for employees to be prosecuted under section 7. However, here it was found that Mr Thackrah had clearly failed to take reasonable care when setting up and operating the platform.

After the hearing in December, HSE Inspector Paul Robinson issued a statement, saying that: “Work at height must always be properly planned, appropriately supervised and carried out in a safe manner, and this is particularly important in a roadside situation where other vehicles and members of the public are involved.”