Mike Ponsonby Email and Phone Number

Worker Safety Update 6th Oct 2024.Linked in friends may know I have Researched, Recorded & Corroborated 1570 Lifting Incidents worldwide all of which has Killed 878 persons since 7th May 2007 with the LOLER Regs 1998 applicable to Cranes and other lifting machines, such as Aerial Work Platforms, Forklifts, Hoists, SideBooms, Strandjacks & TelehandlersMy Critics describe these Fatal incidents as ‘Freak Accidents’ but they are neither abnormal nor accidental but instead are VG examples of Negligence involving lack of Training, Planning or Maintenance with many examples. One infamous incident occured some yrs ago when a 500t Mobile Crane descending the steep hill from Scout Moor WTG farm, Lancs suffered Brake Failure and the Operator was killed (RIP Brother). This led a Police Investigation to find 9 out of 16 Wheel Brakes defective and one of the 2 x Retarders disabled. This triggered a wider fleet inspection to find 75% of Cranes unroadworthy. Eventually this Fatal Incident went to Court and the MD was X-Examined, found Guilty and fined £1 Million inc all costs for Maintenance failures. So thank you to Preston Crown Court. 105 x Aerial Work Platforms171 x Loader Cranes & Telehandlers706 x Mobile CranesLifting Operations are inherently dangerous as it always involves the defeat of gravity. Therefore the English Common Law obligation for Adoption and Training is ‘Safe Systems of Work’ as explained by Judge Lord Wright MR from the authority belowWilsons & Clyde Coal Co Ltd. v. English. [1937]. HL. Volume 3 all England Law reports, P.628Judge Wright said:- " The Employers Duty (is) to adopt Safe Systems of Work. Therefore the Employers obligation is threefold (that is) the provision of Competent Staff (and) Adequate materials and a proper system (of Training all Directors) with effective supervision (of the Work in progress). I think the whole course of authority consistently recognises a Duty (of Care) which rests on (all UK) employers and is personal to (all UK Directors as all) employers (must) take reasonable care for the Safety of Workmen" (Women)English Law has 2 x sources, that is both Legislation and Common Law so this obligation applies to all UK employers because a Fatal Incident may now incur Criminal Liability under The HSW etc Act 1974. Therefore the only way to protect yourselves is by 100% compliance with all Legislative & Common Law obligations starting with better Training, Instruction & Supervision as the £3 Million fine on Veolia Enviro Services by Ipswich Crown Court was a VG example of non-compliance on 22nd July 2024