Contractor fined £110k after falling stone killed man

A quarrying and construction firm has been fined £110,000 after the death of a subcontractor.

FP McCann Limited pleaded guilty to a single health and safety offence and received the fine at Antrim Crown Court on Friday.

The investigation by the Health and Safety Executive for Northern Ireland (HSENI) commenced following the death of William Houston.

William died in hospital after a large stone fell and hit him at FP McCann's Loughside Quarry in Larne, County Antrim on 25 April 2023.

Judge Sandra Crawford said it was clear his death had been devastating for his family.

She said that his widow, Patricia Houston, "with great dignity and courage, describes to the court the devastating impact of the loss of her husband… in her words, her world has collapsed."

"Her sense of desolation and grief is palpable," said the judge, adding that in addition to "enduring emotional suffering" and loss, "it is clear that her husband provided love and support, and was the focus of her world."

Judge Crawford said it was clear that William "was a thoroughly kind and dependable man".

She added: "I recognise that any sentence imposed by this court will not undo what has been done, or repair or remove the hurt and grief suffered by them".

Earlier this year the defendant company admitted that "being an employer, failed to conduct your undertaking in such a way as to ensure, so far as was reasonably practicable, that persons not in your employment who may be affected thereby were not thereby exposed to risks to their health or safety".

The court heard that the day William died, he was driving a dumper truck, removing stone from the cone crushing plant and placing it into stockpiles.

A blockage was reported at the cone crushing plant about lunch time.

The plant was isolated because a large stone, weighing approximately seven stones (45kg) was causing the blockage.

The stone was manually removed from the crusher and carried to a raised conveyor catwalk, approximately 15ft (4.5m) from ground level.

One of the men who had been carrying the stone lost his grip and dropped it.

The stone fell through the railings of the raised conveyor catwalk and struck William on the shoulder as he was walking below.

He later died in hospital on 10 May due to injuries sustained.

The court heard that since the incident FP McCann, one of the largest quarrying companies in the UK, has invested, improved their risks assessments and taken remedial steps to ensure there is no repetition.

Judge Sandra Crawford said that the events leading to William Houston's fatal injury "were unforeseen, they were foreseeable".

She added despite it being accepted "this is not a case of persistent and egregious disregard for health and safety… the fact remains that inadequate steps were taken to protect against the obvious risks inherent in the operation embarked upon".

The judge said while the guilty plea was late in the day, it did "nevertheless, spare Mr Houston's family the harrowing ordeal of an evidential hearing" so she would reduce the fine from £135,000 to £110,000 to reflect the admission.

Sophie Pearson from the HSENI said the death was a "tragic incident".

"Employers must take adequate measures to prevent materials or objects falling from height," she said.

"They must stop and consider what risks are involved in the task and take the necessary action, so that harm does not occur to employees or as in this tragic incident, to someone like Mr Houston who was subcontracted to work at the site," she said.

Pearson added that a "simple solution such as an exclusion zone" should be implemented if a falling object is not preventable.