Canterbury firm Ling Metals fined following death of employee in 2007
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Ling Metals
in Parham Road, Canterbury, where Darren Baker died in an
industrial accident in 2007. Picture: Chris Davey.
by Joe Walker
The family of a man crushed by a
forklift truck bucket say his death has torn their lives apart.
The father and son of Darren Baker
were speaking after scrap metal firm Ling Metals were fined
£200,000 for failing to prevent his death.
Dad-of-three Darren, from
Thanington, died in 2007 after a one-ton bucket full of crumbled
rubber fell on his head.
The machine's health and safety
certificate had expired and Ling Metals had ignored warnings from
an engineer four days before.
Brother Stuart, 36, said: "Our
lives have been torn apart. I've seen my father and mother in
pieces for the last three years and I've had a nervous
breakdown.
"Darren's daughter Lily was just
nine months old when he died - just a baby.
"He'd always wanted a little girl
but now she has to grow up without a daddy.
"But still justice hasn't been
done. Someone should be held accountable for causing my brother's
death.
"If your car failed an MOT but you
still went out and drove it and ended up killing someone, you'd be
going to prison for a very long time.
"What's the difference here? It's
absolutely disgusting."
Canterbury Crown Court heard Darren
had been helping lay a surface for an outdoor riding area in
Minster on March 19, 2007.
The bucket came down on his head
after machine driver Gavin Lucas failed to use stabilisers to move
a load of crumbled rubber and the forklift toppled over.
A safety alarm which should have
warned Mr Lucas of the impending danger wasn't working.
Darren was airlifted to hospital
but died two days later. The machine was used again before being
checked or serviced.
A certificate of thorough
examination had expired the previous month and the machine was in
such a bad state an engineer was unable to complete repair
work.
Ling Metals director Robin Ling was
in court on Friday as the company was given six months to pay
£200,000 in fines and £11,384 costs.
The firm had earlier admitted four
offences of being in breach of general duty to an employer.
It was the second time the company
had been in court following a death, having been fined £30,000
after a man was killed in 2002 after roof beams collapsed and
crushed him.
Darren's dad John said: "How have
they been allowed to get away with this twice?
"Once was once too much, but who
knows how many more families are going to have to go through what
we've been through.
"This machine should never have
been used. It should have been immediately immobilised until it was
ruled safe.
"The fact they ignored all the
warnings disgusts me. The sentence they've received is not
enough.
"They'll have it paid in six months
and be able to move on with their lives, while we have to live with
what's happened for the rest of ours.
"I don't think we'll ever come to
terms with what's happened. I can't even look at pictures of Darren
because it makes me too upset."
Darren leaves behind daughter Lily,
four, and sons Aiden, 12, and Craig, 15.
His family have been financially
compensated by Ling Metals.
Monday, January 31 2011
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