Safety device would have prevented mine death

Published 4 Mar 2010 15:26

A SHERIFF has ruled that a mineworker would not have been crushed to death if a brake safety device had been in place on his dumper truck.

And Sheriff Carole Cunninghame urged companies to have the instrument installed on their lorries to prevent further tragedies.

Sheriff Cunningham yesterday released her judgement following an 11-day Fatal Accident Inquiry into the death of dad-of-two James Griffin at the same open cast site where two men were killed less than a year earlier.

The sheriff ruled that Mr Griffin, 40, died of "massive crush injuries" at Pennyvenie Open Cast site near Dalmellington, Ayrshire, on January 4, 2008.

The inquiry at Ayr Sheriff Court heard that Mr Griffin's 40 tonne truck had broken down and he had been given a jump start by a colleague's 35-tonner.

Afterwards Mr Griffin, of Drongan, Ayrshire was standing between the two massive vehicles when his truck rolled forward crushing him.

Sheriff Cunningham ruled: "The cause of the accident which resulted in his death was that Mr Griffin left his Volvo 40 tonne truck vehicle with the engine running whilst the vehicle was stopped on a 1:15 slope.

"He left the vehicle with the park brake disengaged.

"He placed himself in the gap between his vehicle and another vehicle stopped adjacent to his vehicle and facing up the slope.

"Mr Griffin's vehicle, the park brake not being engaged, moved down the slope crushing him between the two vehicles."

Since the tragedy both his employers T. French haulage contractors and Scottish Coal have employed experts to develop a brake safety device which has been fitted to their trucks.

Sheriff Cunningham noted: "Accordingly after this tragic accident a working group was set up to consider the possibilty of developing and having produced a safety device which could be retrofitted to vehicles with the type of air pressure braking system which Mr Griffin's vehicle had.

"A considerable amount of work was undertaken by those involved and they are to be commended for their efforts.

"Ultimately a fail safe retrofit system was developed and thereafter manufactured by Pownall.

"The system works by ensuring that the park brake is not accidentally released by the build up of air pressure after the engine is started.

"It requires deliberate action of a further button being pushed to release the brake."

The Sheriff added: "This device would have prevented the accident which led to Mr Griffin's death."

She recommended that the Health and Safety Executive publicises the existence of the retrofit braking device and encourages other haulage contractors and coal companies to have it fitted.

During the inquiry Mr Griffin's partner of 24-years and mother of his two children, Kim Graham, 41, described him as a "conscientious" worker who always brought home health and safety documents.

Mr Griffin's fellow workers said that it was common practice for drivers to carry out minor repairs on their own trucks and to receive jump starts.

Since Mr Griffin's death all repairs - even changing a bulb in a side light - have to be carried out by a fitter.

In February 2007 dad-of-three Colin Ferguson, 37, and father-of-six Brian French, 48, were crushed by a 100 tonne truck at Pennyvenie.

In August 2009 Scottish Coal were fined £400,000 for safety breaches in relation to the double tragedy.

In June 2000 another Pennyvenie worker Neil Hodge, 30, died in a dumper truck accident there.

Sheriff Cunningam concluded her findings by saying: "I wish again to extend the court's sympathies to the family and friends of Mr Griffin for their tragic loss."

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