A Devon-based construction company has been prosecuted for maintenance safety failings concerning its fleet of lorry mounted elevated work platforms (MEWP).

T J Smith Contracting Ltd of Pellew Arcade, Teign Street, Teignmouth, has been fined £60,000 with £70,000 in costs after being found guilty of breaching Regulation 2 (1) and 3 (1) of the Health and Safety at Work etc. Act 1974.

The Health and Safety Executive (HSE) carried out an investigation following a fatal incident involving one of the company's MEWP's on 13 December 2014.

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The investigation discovered the vehicle involved in the incident failed to automatically stop before overslewing, increasing the risk of vehicle overturn.

Exeter Crown Court heard that, prior to December 2014, there was an almost complete lack of a planned preventative maintenance systems at T J Smith. The investigation also found that workers had not been given adequate information or instruction regarding how to use or maintain the machines or how to carry out pre-use checks.

HSE added there is no suggestion that the failings of the company caused the fatal incident in Dawlish.

Speaking after the hearing, HSE inspector Sue Adsett said: “Owners of high risk work equipment such as cherry pickers have a responsibility to ensure that they are safe. The manufacturers’ maintenance regime should be followed, rather than simply carrying out repairs when the machine breaks down."

(LM)