Brian Beavis, who traded as Heavy Plant Repairs, received a nine month prison sentence suspended for one year following an incident on 28 September 2011 when Ken Pinkerton, who had hired a skip loader from Heavy Plant Repairs, was fatally crushed when the vehicle tipped over.
The subsequent HSE investigation found that the loader had not been provided with any instruction/user manual, and defects in the vehicle meant that the rollover protection could not be operated. The vehicle was also found to have no seatbelt and a spring was missing which meant that the engine could not be properly secured.
Mr Beavis admitted a breach of s6(1) HSWA which required him to ensure the equipment that he supplied was designed and constructed to be safe without risk to health. Despite Mr Beavis’ limited financial resources, the court also imposed a compensation order of £10k to the benefit of Mr Pinkerton’s partner in addition to the suspended sentence.