OPENREACH Ltd has been fined more than £1million after an engineer from Bethesda died while trying to repair a telephone line.
Alun Owen died aged 32 after he slipped and fell into the River Aber in Abergwyngregyn and was swept away on October 6, 2020.
The company pleaded guilty to being an employer failing to discharge its general health, safety and welfare duty.
At Llandudno Magistrates’ Court today (June 5), it was fined £1.34million, and ordered to pay further costs of £15,858.35.
An investigation by the Health and Safety Executive (HSE) and North Wales Police found that a number of Openreach engineers had been attempting to repair the telephone lines, which ran across the river, during a period of two months.
They had been working both near and in the river, and at the time of the incident, there had been flooding in the area, which meant the river was much higher and faster-flowing than usual.
Mr Owen entered the water and made his way to an island in the middle of the river in order to try and throw a new telephone cable across to the other side by taping it to a hammer and then throwing the hammer.
While attempting to cross the remaining section of the river, he slipped in a deeper part and the force of the river swept him away.
The investigation found there was no safe system of work in place for work on or near water, nor had Mr Owen – or others working by the river – received training, information or instruction on safe working on or near water.
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A statement from Mr Owen’s family read: “This has been an extremely long and painful journey for the family.
“There was never any doubt that Openreach were entirely culpable for causing Al’s death – a death that was preventable and a death that resulted in the loss of a precious and cherished member of the family, who was also dearly treasured by his wide circle of friends.
“Openreach displayed a lethargic approach to and a lack of investment in appropriate training and equipment for their employees whilst working near water, demonstrating a total disregard towards the safety of their workforce.
“The grief of the family intensified after learning Openreach did have specialist resources that could have been deployed to assess and respond to this type of reported fault in Abergwyngregyn on October 6, 2020, without having to put the lives of others at risk.
“Openreach chose not to. That decision is indefensible.
“What is extremely disappointing, throughout the years that have passed, is Openreach displaying a total lack of empathy towards the family when attempting to address some of their shortcomings after Al’s death. That is inexcusable.
“We make it perfectly clear that no financial penalty will afford us with any sense of justice here, particularly when considered against the financial buoyancy of Openreach.
“The fine imposed is inconsequential and does not diminish the pain, nor does it lessen the void that has been left since Al was taken away from us.
“We recognise that Openreach have now been forced to address some of their health and safety inadequacies, hopefully ensuring that no other family endures the pain and distress that has been caused by Al’s death.
“The only positive note that we can take away from this tragic event is the strength that we found in the support, compassion and empathy from family, friends and indeed the broader community - which continues to this very day and is heartfelt and welcome.
“The genuine love and affection shown to us since the tragedy that unfolded on October 6 is a real testimony to Al and how everyone just loved his friendly, loving and selfless character.
“Although it’s sometimes difficult to see beyond the sorrow, we will keep his memory alive through reminiscing those many precious moments he had in his love-filled life.”
HSE inspector Christina Roberts said: “This was a tragic incident that resulted in the death of a much-loved young man.
“Mr Owen’s family, friends and colleagues have always remained in our thoughts.
“His death would have been preventable had an effective system for working on or near water been in place. Mr Owen should not have been put in the unsafe working situation.
“Companies should learn the lessons from this incident if they have staff who may work on or near water and be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
Detective chief inspector Andy Gibson, of North Wales Police, added: “Our thoughts remain with Alun’s family at this difficult time.
“North Wales Police worked closely with HSE and whilst it was a protracted and lengthy investigation, it was critical that any failings were identified and acted upon.”
Following the court ruling, Openreach apologised that it "fell short of the required standards" in Mr Jones' case.
An Openreach spokesperson said: “Nothing can ever make up for the loss of Alun. He was a very well-respected and popular colleague, and the impact of his death remains significant and is felt directly by people across Openreach.
"We extend our deepest sympathies to his family and friends.
“As an organisation, we accept that we could’ve done more to make sure our engineers had the right guidance, processes and training when working on, or near, water.
"We’re very sorry that we fell short of the required standards, and we deeply regret the loss of Alun, as well as the impact on his family, friends and colleagues.
“The safety of our entire workforce, customers and the public remains our priority, and we’re working hard to make sure something like this never happens again.”
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