Fine for family firm after collision at company yard kills director

A wood recycling company has been fined after one of its directors was killed when he was struck by a JCB.

Thomas Brooke was walking across the yard at John Brooke (Timber Treatments) when a wheel loader, with its bucket raised, struck him on April 29, 2019. Brooke died from his injuries.

An investigation by the Health and Safety Executive (HSE) found that the family-run company did not properly organise its workplace to keep pedestrians safe.

There were no control measures, such as physical barriers, to prevent pedestrians accessing areas where loading shovels, lorries, forklift trucks and 360 grabs operated.

It failed to properly assess the risks from operating machinery with reduced visibility and did not properly train, instruct and monitor employees.

John Brooke (Timber Treatments) of Fosse Way, Widmerpool, Nottingham, pleaded guilty to breaching regulation 17(1) of the Workplace (Health, Safety and Welfare) Regulations 1992 and section 33(1)(c) of the Health and Safety at Work etc. Act 1974 at Nottingham Crown Court on August 20. It was fined £22,500 and agreed to pay costs of £44,227.28.

At the time of the incident, Brooke’s son Rupert was aged four. His wife, Jessica Brooke described Tom as a kind and caring person who was dedicated to his family and was loved by everyone who knew him.

In a statement, she said: “Our hearts are broken. The pain and suffering of his loss has been immense, and no words can describe the impact that his loss has had; both Rupert and I have been forever changed.

“We were partners in crime, soulmates and best friends and together took on whatever challenges life threw in our direction.”

Thomas Brooke with wife Jessica and son Rupert

She added: “From the moment that Rupert was born Tom was a natural father and Rupert and Tom had a very special bond. They were as thick as thieves, both being at their happiest when in the other’s company.

“Tom was a brilliant role model to Rupert in every respect; he was Rupert’s favourite person in the whole world and Rupert couldn’t have wished for a better father.

“I grieve the future that we will never have but also, and particularly, that Tom will never see Rupert’s future.”

Every workplace must be safe for the people and vehicles using it and traffic routes must be suitable for the people and vehicles using them.

HSE has guidance on workplace transport with advice on keeping traffic routes safe and separating people from vehicles.

Speaking after the sentencing, HSE inspector Lindsay Bentley said: “This has been a very difficult case for all concerned. However, those in control of work have a responsibility to implement safe methods of working. Had simple measures been taken, this tragedy could have been prevented.”

This HSE prosecution was brought by HSE enforcement lawyer Kate Harney and supported by HSE paralegal officer Rebecca Forman.