A lift repair company has been fined £14,000 after failing to spot three issues which were discovered following an investigation into a tragic lift death.
On January 30, 2017, Kenneth Roy Bardsley's got into the lift at the Serendipity Care Home in Urmston, Trafford, which plummeted to the basement following a faulty door mechanism.
A jury inquest found Mr Bardsley's death to have been accidental, caused by multiple injuries, including a fractured pelvis and ribs after the lift - which was more than 20 years old - malfunctioned.
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The inquest heard that lift engineers from the Lancs & Cumbria Lifts UK Ltd had twice visited the care home in the week of his death - with the latest service taking place less than an hour before the crash.
The company was also contracted to carry out quarterly inspections and maintenance on the lift, but not including any work on the doors, the door gears or the hydraulics.
It is not known what caused the issue with the door that caused the accident, but the company were said to ‘not be at fault’, Minshull Street Crown Court heard.
However, following an investigation by the Health and Safety Executive, the company was found to have breached section 3 of the Health and Safety at Work Act 1974, and has since pleaded guilty to that offence.
They have now been fined £14,400 and ordered to pay court costs of £45,000.
Nigel Lawrence QC, prosecuting, said: “It’s accepted by the defendant company that the control panel switch was rotated to ‘test’ mode, when it was in normal mode.
“It’s accepted there were loose items on the lift roof, and it’s also accepted that a safety apron was not attached to the lift.
“These three distinctive areas give rise to a risk and are in breach of section three of the Act.”
The control panel, which is situated at the top of the lift, can be switched to ‘test mode’ when being serviced by an engineer.
When in the ‘test’ mode, it can only be operated by the engineer who may be carrying out work in the well of the lift, the court heard.
The switch was ‘rotated' incorrectly and indicated the lift was in ‘test mode’ when it was operating normally.
This was described as both ‘dangerous to the engineer and misleading’ and presented a risk to health and safety.
“Loose objects on the roof of a lift can easily dislodge and fall on or into other equipment,” Mr Lawrence QC continued.
“In this case there were three loose bolts, two loose spring washers and another item. It is unclear if they were items left after a previous maintenance visit.
“There was a failure to remove them on previous visits.”
The final breach was in relation to a safety apron, described as a length of steel usually found down the sides of a lift sill.
Its intended use is to reduce the risk of falling in the lift shaft and that of ‘crushed toes or feet’ should the lift not be level.
“The defendant company knew there was an issue as it identified this to the care home back in 2013, but it never did anything about it - it should have ensured the apron situation was resolved,” the prosecutor continued.
He added that there was no cost cutting by the care home at the expense of safety.
Acting on behalf of the company, barrister Jamas Hodivala QC said the company informed the care home of an issue with the doors back in 2015, but there was no reply and the care home never got round to raising an invoice or acting upon that information.
He said that issue to do with the doors was not included as part of the company’s contract.
He confirmed when asked by the sentencing judge that the lift was out of date or not in the ‘modern standard’.
“As per the basis of plea, the company was not under any duty to modernise the lift, and it doesn’t fall under the direction of inspection and maintenance,” he said.
“The failings should have been picked up on, namely the control panel, the loose items and the safety aprons - that is the limit the defendant is prepared to go to accept the failings.
“The company is not in glorious financial health - it is a micro company.”
He added that the defendant company has a good health and safety record and there are no previous convictions.
Sentencing, Judge Angela Nield said: “I make it clear that there is a basis of plea in this case.
“That basis of plea accepts three areas of fault on behalf of the defendant company.
“It’s not in dispute in this case that none of the three areas identified are linked to the causation of the lift fall or the ultimate injuries and death.
“The sad events of January 30, 2017, brought matters to the attention of relevant authorities and have led to extensive enquiries to a police investigation, to a coroner’s inquest and ultimately to numerous expert reports and it was prepared for trial.”
The judge went on to detail the three different areas to the court and added that their likelihood of risk of death was ‘low’.
“Did this offence cause a risk to numerous individuals of harm? Yes, it did, but not a significant risk. The sad consequences of January 30 are not relevant for these proceedings,” she concluded.
Lancs & Cumbria Lifts UK Ltd were fined £14,400, to pay within three months; and ordered to pay court costs of £45,000, to pay within six weeks.
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