Prosecutions

The Health and Safety Executive (HSE) prosecuted a Manchester based company and its Wigan-based director following the incident.

An employee of the company was fitting a giant necklace to the 140-year-old statue when the cherry picker he was working on overturned. An investigation by HSE showed that the cherry picker had not been properly stabilised before being used.

The employee suffered head and chest injuries in the fall. He did not regain consciousness and died in hospital the next day. A photographer, who was also on the platform, was knocked unconscious but made a full recovery.

Manchester Crown Court heard that the company had agreed to fit the necklace - a giant glowing cross - to the statue to promote a jewellery exhibition in Manchester Town Hall.

A HSE Inspector said:

"This death has had a devastating impact on the employee’s family, and it could easily have been prevented by properly stabilising the cherry picker.

The company agreed to carry out an unusual job to help publicise the jewellery exhibition, but it then took unacceptable risks to achieve it. The employee would still be alive today if the correct safety procedures had been followed."

The company, and its director, each pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of workers.

The company was fined £10,000 and ordered to pay costs of £8,000. The director was fined £2,000.

Sandra Tomlinson added:

"Only one of the four legs on the cherry picker vehicle had been fully extended, which made it dangerously unstable. I hope this tragic case will highlight how important it is for companies to treat health and safety seriously."