A Cheshire farm owner has been fined following the death of a man who fell from a forklift truck while attempting to repair the roof of a packing shed at Moss Hall Farm in Tarporley.
Denis Thornhill, 78, and his company, D.S. Thornhill (Rushton) Limited, were fined a total of £16,000 after the tragic death of 64-year-old roofer Mark Young on 1 February 2021. Both Thornhill and the company had been found guilty of breaching health and safety legislation earlier this year during a six-week trial at Chester Crown Court. Thornhill was cleared of gross negligence manslaughter, but sentencing took place on 11 October 2024.
The court heard that on 29 January 2021, Mr. Young had been tasked with repairing a roof panel and clearing a blocked gutter at the farm. During the work, he damaged another panel and returned three days later with his son to complete the repairs. Thornhill used a forklift truck with a potato box balanced on the forks to lift Mr. Young to a height of around 16 feet. As Mr. Young moved inside the box, it overbalanced, causing him to fall and sustain fatal head injuries. Despite the efforts of paramedics, he was pronounced dead at the scene.
Health and Safety Executive (HSE) Inspector Ian Betley commented: “This was a tragic incident that could so easily have been avoided. The forklift truck and potato box were the wrong pieces of equipment for the job. A tower scaffold, scissor lift, or cherry picker should have been used. The company failed to implement proper planning and safety measures.”
A joint investigation by Cheshire Constabulary and the HSE revealed that no safe system of work had been in place and that unsuitable equipment was used. The potato box lacked required safety features, was unsecured, and the forklift had not undergone proper inspection. Thornhill, who operated the forklift, was also untrained.
Thornhill, of Eaton Lane, Tarporley, was found guilty of breaching Section 37 of the Health and Safety at Work Act 1974 and was fined £4,000, with an additional £4,000 in costs. D.S. Thornhill (Rushton) Limited was fined £12,000 for breaching Section 3(1) of the same act and was ordered to pay £10,000 in costs. A Prohibition Notice was issued to prevent further unsafe work until proper measures were implemented.
