Linton man gets suspended sentence for lorry crush

Linton man gets suspended sentence for lorry crush 25560

A man from Linton has been given a suspended prison sentence for a number of safety failings that led to the fatal accident of a colleague.

Kenneth George Miller, of Tower View, Linton, Cambridgeshire, was working with Mark Nyland, 34, from Sutton in Ashfield, Nottinghamshire on the day of the accident in 2012.

Mr Nyland was working with Mr Miller to dump a load of waste from a trailer. After this had been finished, the Linton man towed the lorry to a supposed safe zone so that the 34-year-old could sweep out the back and tail bar area.

When he completed the move, Mr Miller returned to use the loading shovel to level off ruts in the ground using the bucket of a vehicle. 

This involved a series of forward and reverse movements and as he pulled back at an angle, he crushed Mr Nyland against the back of a trailer and this caused fatal injuries.

After hearing about the incident, the Health and Safety Executive (HSE) launched an investigation and concluded that Mr Miller had "clearly" failed to take reasonable care when he was operating the heavy goods vehicle.

Kenneth George Miller was sentenced to a 24-week prison sentence suspended for two years and told to pay costs of £600 after admitting a breach of the Health and Safety at Work etc Act 1974. 

He will also be subjected to a home curfew between the hours of 22:00 and 06:00 for a three-month period. This will be enforced by an electronic tag.

After the ruling, HSE inspector Roxanne Barker said: "This was an entirely preventable tragedy that devastated Mr Nyland's partner, parents and family. 

"HSE took the rather unusual decision in this case to prosecute an individual rather than a company because it was clear that Kenneth Miller had totally failed to take the care that was necessary when operating a large vehicle on a busy waste site."

Statistics released by the HSE show that in 2012-13 there were ten fatal injuries to waste and recycling workers.

By Chris Stevenson