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Bosses sentenced after labourer crushed to death by dumper truck on his first day in job

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A labourer was crushed to death on his first day in a new job on a farm in mid Devon. Dan Whiston, 20, was killed when a defective dumper truck lurched forwards as he was tipping soil and plunged down a steep slope. He was helping to build a lake at the farm in Uplowman, Devon, for the owners. Dan, who had not been wearing a seat belt, suffered massive head and neck injuries when the 11 tonne truck landed on top of him as he tried to jump clear. The accident happened in October 2009 and five years on, two directors of the firm that Dan was working for appeared in court to be sentenced today over the incident. William Friend, of Hannaford, Swimbridge, Devon, and Robert Plume, of East Street, South Molton, Devon, admitted being an employer breaching a general duty to an employee under the Health and Safety Act by connivance or neglect. Prosecutor Simon Morgan told Exeter Crown Court that Dan, from Dulverton, Exmoor, was crushed by the truck's roll bars as he carried out the landscaping work at the farm. He said Samuel Farmer and his wife bought the farm in 2007 and in 2009 an extensive work programme was carried out which included lining and extending the lake which was a quarter size of a football pitch and 15 feet deep in a job costing £18,900. He said Dan had not been trained to drive the dumper truck which had defective brakes and 'suddenly jolted forwards' and the young worker tried to grab the roll bar but the back of the truck swung round and landed on top of him. And he had not been wearing the seat belt that may have saved his life, a judge was told. James Bennett, defending the two directors of Wedgewood Buildings Ltd, said Dan's family had bravely shown empathy to the two men. He said:"There were failings, they make mistakes. They tried their best, but their best was not good enough." He said the men, married with children, had had the prospect of jail hanging over their heads for the last five years because of the time it had taken for an inquest to be held and the HSE to prosecute them. Judge Phillip Wassall said the five year process was 'regrettable but understandable' and he said accidents like these were 'such a common problem'. An inquest jury earlier ruled Dan had not received recognised training, no practical experience in driving such a truck, the vehicle had a number of defects including brakes that did not work, and he had not been given any supervision about driving such a truck on uneven land. The judge described the death of 20 year old Dan as a 'tragic loss' as he sentenced two men over his death. He also praised the dead man's family saying:"I regard your objectivity and sensitivity in the circumstances as being extraordinary." He told the men:"The risks were foreseeable." Judge Wassall said the combination of an earth moving mechanical vehicle on a sloping site equalled danger. And he said:"You should have enforced the seat belt rule. The roll cage was there for a purpose." He said both directors had made too many assumptions when there were 'clear and obvious risks'. Both Friend and Plume, now aged 32, were jailed for 12 months, suspended for two years. They were ordered to carry out 180 hours of unpaid work and pay £25,000 each in costs. The judge did not make any other financial penalty because he said you cannot put a value on someone's life.

Bosses sentenced after labourer crushed to death by dumper truck on his first day in job


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