Two construction companies have been ordered to pay combined fines of £145,000 following the death of John Traynor, a 41-year-old father of two who was fatally injured when a forward-tipping dumper truck overturned at a County Antrim aqueduct site in January 2022. IJ Lynn & Sons Ltd and John Graham Construction Ltd both admitted health and safety breaches at Belfast Crown Court, with Judge Gordon Kerr KC imposing the penalties on Friday.
Traynor, who worked for IJ Lynn & Sons, was operating the dumper truck on Knockagh Road in Ballycastle when the vehicle overturned. IJ Lynn & Sons Ltd, based in Glenshesk Road, Ballymoney, received a fine of £45,000 after admitting a charge of failing to ensure the health, safety and welfare at work of all its employees. John Graham Construction Ltd, of Ballygowan Road, Hillsborough, was fined £100,000 after pleading guilty to failing to make a suitable and sufficient assessment of the risks to the health and safety of persons not in its employment.
In his judgment, Judge Kerr stated that the financial penalties represented
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."
How did the companies respond to the charges?
Both firms expressed deep remorse through their legal representatives. Charles MacCreanor KC, defending IJ Lynn & Sons Limited, conveyed the company's regret and described owner Ivan Lynn as "devastated" by the loss. MacCreanor revealed that Lynn and Traynor had attended school together, and that Lynn held Traynor in high regard as an extremely capable and well-respected employee. The barrister emphasised that the loss was felt acutely not only by Lynn but by all the company's workforce, and noted that in its 30 years operating in the construction industry, this was the first time IJ Lynn & Sons had faced court proceedings.
Frank O'Donoghoe KC, representing John Graham Construction, spoke of the "deep sorrow" experienced within the company's management and workforce. O'Donoghoe acknowledged that the Risk Assessment and Method Statement prepared for the day of the incident was "inadequate, and wasn't suitable and sufficient." He noted that whilst the company had experienced accidents in the past, there had been no incidents since 2009.
What impact did Traynor's death have on his family?
The court heard deeply personal testimony from those closest to Traynor. Judge Kerr received and considered a Victim Impact Statement from Traynor's fiancée, Anne McBride, who described how the couple had been planning their wedding at the time of his death. In her statement, McBride characterised Traynor as
"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."
McBride 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 also considered a statement from Traynor's daughter Caitlin, who spoke on behalf of herself and her brother John about the shock of losing their father and the lasting impact his death has had on them. Judge Kerr extended the court's formal condolences to all of Traynor's family and loved ones.
What are the wider safety concerns around dumper trucks?
Following the hearing, Sophie Pearson, Major Investigation Team Inspector at the Health and Safety Executive for Northern Ireland (HSENI), highlighted the serious risks associated with construction transport. Pearson stated that it is
"well known" that "dumper trucks are involved in many construction transport incidents and can cause death and serious injuries, particularly to drivers"."
She added:
"HSENI will not hesitate to take enforcement action to ensure workplace transport risks are appropriately managed."
This case reflects a pattern of serious incidents in the construction and transport sectors. In a related incident, a roadworks company in County Donegal was fined €1.2 million after a crash killed John Mullan, 49, and his children Tomás, 14, and Amelia, six, demonstrating the severe consequences and financial penalties associated with transport-related workplace fatalities. Similarly, two construction firms were fined over £1 million after labourer Gheorghita Arsene, 33, was fatally crushed when a trench collapsed during excavation work in Surrey in June 2020, highlighting the broader pattern of enforcement action in the construction industry.
Key Facts
- John Traynor, 41, died on Knockagh Road in Ballycastle in January 2022 when a forward-tipping dumper truck he was driving overturned
- IJ Lynn & Sons Ltd was fined £45,000; John Graham Construction Ltd was fined £100,000 for health and safety breaches
- Both companies admitted failing in their duty to protect workers and assess workplace risks
- The Health and Safety Executive for Northern Ireland warned that dumper trucks are involved in many construction transport incidents and can cause death and serious injuries
