Father who lost family in crane crash pleads for wider MoT tests

Published on Saturday 4 February 2012 00:51

A FATHER whose wife and two children were killed in a horrific crash is demanding the Health and Safety Executive take action to prevent similar tragedies, following the conclusion of a 20-day fatal accident inquiry.

Barry Copeland’s wife Ann, 45, and their daughters Ciara, seven, and Niamh, ten, died in January 2008 after their car skidded on a patch of lubricating oil spilt from a 35-tonne crane and collided with another car travelling in the opposite direction.

All three were killed instantly in the crash on the A92 coast road between Stonehaven and Montrose. Sheriff Kenneth Stewart yesterday called for mobile cranes to undergo compulsory MoT-style tests. They are currently exempt from mandatory roadworthiness checks.

Mr Copeland, who appeared at the inquiry on his own behalf, said he would be writing to the HSE to ask the agency what action it intended to take. He said that, “at the very least” the HSE should be looking at the current regulations to satisfy the public that “their procedures are now robust”.

Mr Copeland, a teacher of physical education from Johns-haven, added: “Oil spillages continue to cause large numbers of accidents on Scotland’s roads.”

In his judgment at Stonehaven Sheriff Court, Sheriff Stewart also ruled there were “serious management failures” by the crane’s operators and that the deaths could have been avoided had the crane’s operators had a planned preventative maintenance scheme in place. The crane’s driver also failed to carry out the daily and weekly checks he was required to and his failures contributed to a situation where the surface of the road became “dangerously slippery”.

Sheriff Stewart said that the accident was caused by lubricating oil leaking from a hole in the hydraulic hose in a crane owned by Ellon-based William Whyte Cargo Handlers.

The hole had developed because it had been incorrectly positioned, allowing the hose to rub against part of the vehicle’s transmission mounting bracket.

Sheriff Stewart said the deaths “may have been avoided” and the fault identified had the company put in place a programme of planned preventative maintenance. The company also failed to ensure that their crane drivers carried out the daily and weekly checks as required.

Hamish Anderson, the driver who had been in the cab on the day of the accident, seldom undertook the checks. Sheriff Stewart said: “He simply ‘ticked the boxes’ without carrying out the checks and no-one was checking to see whether he was carrying out these duties.”

Sheriff Stewart recommended a review of current inspection regulations and called for the UK government to “enact legislation as a matter or urgency” to remove the current exemption applying to mobile cranes from undergoing compulsory and regular roadworthiness tests.

Lawrence Whyte, the managing director of William Whyte, was said to be unavailable for comment.

A spokeswoman for the Health and Safety Executive, which is responsible for some workplace transport safety issues, said: “We are giving the findings careful consideration and we cannot make any comment until we have gone through the findings.”