Cheddleton company guilty of health and safety failures after worker crushed to death by metal gates

By The Editor

25th Oct 2022 | Local News

By Kerry Ashdown and Richard Price - Local Democracy Reporters

Two companies have admitted health and safety failures after a 41-year-old employee died in a workplace tragedy.

Lorry driver Andrew Bayley-Machin was unloading a flatbed lorry when he was struck by half-a-ton of metal gates.

The employee was working for Cheddleton firm LM Bateman and Company at the time and had collected the load from metal manufacturer Joseph Ash on June 20, 2018.

Now LM Bateman – which manufactures agricultural equipment – has admitted failing to ensure the health and safety of workers. Joseph Ash has also pleaded guilty to failing to ensure the health and safety of workers.

Both companies will be sentenced at North Staffordshire Justice Centre at a later date.

Craig Morris, prosecuting on behalf of the Health and Safety Executive (HSE), told the court: "An employee was tragically killed when galvanised metal gates fell on him as he was attempting to unload his vehicle. It is estimated that the gates weighed half-a-ton.

"The incident occurred when the gates were being unstrapped; when a load is going to fall you are going to be in close proximity. He sustained fatal injuries.

"LM Bateman and Joseph Ash both had a duty to ensure that equipment would be uploaded safely. Sadly HSE investigations found significant failings in terms of both, which led to the untimely death of Mr Bayley-Machin."

The court heard that Joseph Ash has previously won awards for its health and safety practices.

Harry Vann, representing LM Bateman, said the firm had provided training on safe working practices to all its HGV drivers just two months before the tragedy. He added: "There are no previous convictions, it is a family company."

An inquest last year ruled that the death of Mr Bayley-Machin, from Park Drive, Cheadle, was an accident. He passed away at the Royal Stoke University Hospital.

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