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Council fined half a million after man is killed by falling tree
Cheshire East Council has been fined for failing to ensure the health and safety of a man who was struck and killed by a falling tree.
- Health & Safety
Peninsula Team, Peninsula Team
(Last updated )
Peninsula Team, Peninsula Team
(Last updated )
The Ministry of Defence (MoD) has been issued a Crown Censure by the Health and Safety Executive (HSE) following the death of a reservist soldier whilst on driver training in Yorkshire.
Staff Sergeant John McKelvie of Drongan in Ayr was killed during a driver training exercise at Catterick Training Area on 29 January 2019. The Jackal vehicle he was driving rolled multiple times down a steep hill.
The 51-year-old had been attempting off-road training, which involved steep ascents and descents of a valley known as ‘The Land of Nod’. During one of the ascents, Staff Sergeant McKelvie’s vehicle lost traction and rolled backwards. A course leader was thrown from the vehicle, and the Jackal rolled to the bottom of the hill.
Staff Sergeant McKelvie, who remained in the vehicle, suffered serious injuries and was airlifted to hospital. He died six days later.
HSE investigated the incident and found that the driver training course featured several hazardous activities that created the potential for the vehicle to roll. As this was an Army training exercise, HSE did not issue censure simply because participants were exposed to risk, but rather because steps should have been taken to control these risks when driving the vehicles.
These steps were not taken, and a failure of oversight meant that the course programme progressed too quickly. Trainees did not get the chance to develop necessary expertise and skills before they attempted the more challenging obstacles on the off-road section of the course.
The Army’s risk assessments were not suitable and sufficient, and despite numerous previous ‘rollover events’, the Army failed to foresee what could go wrong. It was also found that standing orders and directions had not been properly followed.
HSE inspector Mark Slater said:
“All training, including that which is required to be as realistic as possible, should be planned, risk assessed and executed in such a manner that it does not endanger those who are involved.
“Had the systems implemented by the Army been more robust, Sergeant McKelvie would probably still be alive today.”
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