Family firm fined after director killed in collision

A family-run wood recycling company has been fined after a father of one was killed in a collision with a JCB.

Thomas Brooke was walking across the yard at John Brooke (Timber Treatments) Ltd's site in Widmerpool, Nottinghamshire, on 29 April 2019 when the fatal collision occurred.

The company pleaded guilty to breaching Regulation 17 (1) of the Workplace (Health, Safety and Welfare) Act 1992 in relation to the incident.

It was fined £22,500 and ordered to pay £44,227.28 in costs at a sentencing hearing at Nottingham Crown Court on Tuesday.

The court heard that the wheel loader involved in the collision had been fitted with a new bucket, which when raised - as it was at the time of the collision - reduced the driver's visibility in front of the vehicle.

Despite receiving urgent medical attention, Mr Brooke, a company director, was unable to be saved.

James Maxwell-Scott KC, prosecuting on behalf of the Health and Safety Executive (HSE) said neither the driver nor Mr Brooke were at fault.

He said the firm had changed its health and safety consultant the year before the incident, but said that meant it had been "starting from scratch".

He said CCTV footage from the site showed "a number of unsafe practices", including pedestrians walking around a yard where vehicles were being driven and loaded.

At the hearing, Mr Maxwell-Scott also read a victim impact statement from Mr Brooke's widow Jessica, who said: "The pain and suffering of our loss has been enormous."

David James, representing the company, said it had been seeking further health and safety advice before the incident, and had sought recommendations before appointing an expert with "hands-on" experience in minimising risk in the waste management industry.

"This isn't a company trying to cut corners," he said.

"[It] was a company that was actively moving its health and safety forward."

Mr James said a number of new safety measures had been put in place since the incident, including warning signs and barriers to prevent pedestrians crossing the yard when vehicles were moving.

He added Mr Brooke's sister had since become a director in the family company to ensure safety measures were adhered to.

Judge Stuart Rafferty KC, sentencing, described Mr Brooke's death as "a tragedy".

"The loss of any life is tragic, particularly when it could have been avoided," he said.

While noting there was "no deliberate breach or flagrant disregard for law", Judge Rafferty said the company's procedures at the time were not enough to avoid Mr Brooke's death.

"The system wasn't fit for purpose," he said.

Following sentencing, HSE inspector Lindsay Bentley said: "This has been a very difficult case for all concerned.

"However, those in control of work have a responsibility to implement safe methods of working.

"Had simple measures been taken, this tragedy could have been prevented."

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