A north-east industrial door firm has been fined £165,000 after it admitted safety failings that led to the tragic death of a north-east dad.
Mark Mathers, from Pitcaple, was asphyxiated when his hoodie got trapped in the mechanics of a roller door at Specialist Cars Volkswagen in Aberdeen and he died three days later in hospital.
The 33-year-old’s employer, Patrick Forman Industrial Doors, appeared in Aberdeen Sheriff Court today and admitted breaching health and safety laws in relation to the accident in 2018.
Mr Mathers – who was described by the firm as a valued member of staff – had been working on the servicing, repair and replacement of a door torsion spring with a colleague when the tragedy unfolded on the morning of September 15.
Workmate ran to his aid
Fiscal depute Jemma Eadie told the court that during the course of the work, Mr Mathers’ hooded top got caught and wound around the spring, choking him.
His workmate ran to his aid and successfully cut his top off, but Mr Mathers had already slipped into unconsciousness.
He was rushed to Aberdeen Royal Infirmary where he spent three days in intensive care before life support was removed.
His cause of death was stated as hypoxic brain injury and mechanical asphyxia
It was stated by the fiscal depute that the tightening of the hooded top around Mr Mathers neck had resulted in him suffering a brain stem hemorrhage.
When Mr Mathers’ co-workers were interviewed following his death they disclosed that many members of staff wore hoodies due to being cold at work.
Patrick Forman Industrial Doors – understood to be a partnership including Patrick Forman, 54, and 61-year-old Carolyn Shearer – admitted failing to ensure the proper health, safety and welfare of its staff.
Firm admits health and safety failings
The charge stated that Rothienorman-based firm neglected to ensure and make a sufficient assessment of the safety risks faced by its employees, such as those associated with door torsion springs.
The company also pleaded guilty to failing to implement and maintain a safe system of work for staff while repairing and maintaining torsion springs.
It also failed to provide the necessary “information, instruction, training and supervision” to ensure the safety of its personnel when working with the door springs in question.
Defence advocate David Nicholson told the court that the incident had “had a deep impact on the whole organisation and has been taken seriously at the highest level to ensure an incident like this never happens again”.
However, he also went on to claim that employees of the firm had repeatedly been told not to wear loose clothing and had supplied black boiler suits for them to wear.
Sheriff Christine McCrossan told the court that it is the “duty of every employer to ensure the health and safety of all its employees”, adding that “it is an offence to fail to discharge that duty”.
She went on to describe what happened to Mr Mathers as an “awful accident” and said she believed a number of workers had the potential to be “exposed to harm”.
Sheriff McCrossan said she believed Patrick Forman Industrial Doors should have done more than “counsel” its employees not to wear hoodies but should have put guidelines in place to stop it.
“No amount of money or financial penalty in anyone’s eyes can ever compensation for this,” she continued, before stating that she considered there to be “high culpability” on the firm’s part.
Sheriff McCrossan imposed a total fine of £165,000.
Firm put ’employees in danger’
Debbie Carroll, who leads on health and safety investigations for the Crown Office and Procurator Fiscal Service (COPFS) said: “Mark Mathers lost his life in circumstances which could have been avoided had the risks been recognised and a safe system of work put in place.
“By failing to have suitable measures in place and provide the necessary information to carry out work safely Patrick Forman Industrial Doors put their employees in danger.
“This prosecution should remind employers that failing to take reasonable health and safety measures can have fatal consequences and they will be held accountable for this failure.”
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