Companies fined £145k after worker killed at construction site

Two companies were issued with fines totalling £145,000 on Friday following a fatality at a County Antrim aqueduct.

Father-of-two John Traynor, 41, who worked for IJ Lynn & Sons, was fatally injured on Knockagh Road in January 2022.

The Ballycastle man died when the forward-tipping dumper truck he was driving overturned.

The two companies, IJ Lynn & Sons Ltd, of Glenshesk Road, Ballymoney, and John Graham Construction Ltd, of Ballygowan Road, Hillsborough, admitted health and safety breaches and were issued with fines by Judge Gordon Kerr KC at Belfast Crown Court.

John Graham Construction Ltd pleaded guilty to failing to make a suitable and sufficient assessment of the risks to the health and safety of persons not in its employment.

It was fined £100,000.

IJ Lynn & Sons Ltd admitted a charge of failing to ensure the health, safety and welfare at work of all its employees.

It had a financial penalty of £45,000 imposed.

Judge Gordon Kerr said the fines were a "public acknowledgement that society will punish lapses in the protection of workers and will do so having regard to the harm caused, the degree of fault and the size of the company involved."

Defence barrister Charles MacCreanor, KC, representing IJ Lynn & Sons Limited, expressed remorse and regret at the loss of Mr Traynor's life on behalf of the company.

He revealed a "devastated" Ivan Lynn and John Traynor went to school together and said Lynn viewed Traynor as a extremely capable and well regarded worker.

MacCreanor said the loss of Traynor was "deeply felt" not just by Lynn but "by all his workmen."

The barrister also told Judge Kerr that in the 30 years within the construction industry, this was the first time IJ Lynn & Sons had been before the court.

Frank O'Donoghoe KC, the barrister representing John Grahams, also spoke of the "deep sorrow" felt within the management and workforce.

The lawyer said the plea reflected an acceptance that the Risk Assessment and Method Statement risk assessment on the day was "inadequate, and wasn't suitable and sufficient."

Whilst O'Donoghoe spoke of "accidents in the past", he said there had be no incidents since 2009.

Judge Kerr said he had received and read a Victim Impact Statement from John Traynor's fiancée Anne McBride.

In it, she described how they had been planning for their wedding.

McBride said: "John was the warmest, kindest, bubbliest, caring, gentlest, hard-working man I've ever met.

"He would do anything for anyone. He loved life. He was always happy, smiling and loved to work."

She added: "John's death has been a huge loss to us all and his mum and family - one will we never get over.

"We just hope that all precautions are taken in workplaces so that no other family has to go through the pain and loss like this."

The judge said he had also read a statement from Traynor's daughter Caitlin.

Speaking on behalf of herself and her brother John, Caitlin spoke of their shock and the lasting impact their father's death has had on them.

Judge Kerr expressed the court's condolences to John Traynor's loved ones.

Following the hearing, Health and Safety Executive for Northern Ireland (HSENI) Major Investigation Team Inspector Sophie Pearson said it is "well known" that "dumper trucks are involved in many construction transport incidents and can cause death and serious injuries, particularly to drivers".

"HSENI will not hesitate to take enforcement action to ensure workplace transport risks are appropriately managed," she added.