Family of fireball death steeplejack with compensation

12:11pm Tuesday 9th October 2007

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THE family of a steeple jack incinerated by a "fireball" as he worked on the demolition of a 60-metre high chimney has won £335,000 compensation for their loss.

Father-of-one, Craig Whelan, was just 23 when he died while working on the 200ft chimney at Carnaud Metal Box Plc's factory in Westhoughton, in May 2002.

He and another steeple jack, Paul Wakefield, were attempting to burn off a black tarry residue from the inside of the chimney when catastrophe struck.

They were inside the chimney half way down when the explosion happened.

Barrister, Anthony Berrisford, told London's High Court the fumes suddenly ignited, causing a fireball of such intensity that it burned through the metal cables holding up the hoist on which the two men were standing.

Describing the accident as "very, very unpleasant, although instantaneous", the barrister said the hoist plummeted to the ground and both men, from Nottingham, were killed.

Mr Berrisford added that a test carried out on the flammability of the tarry residue before the catastrophe had been inadequate.

Two Metal Box employees were charged with manslaughter in connection with the deaths. However, those charges were dropped and three of the company's employees later admitted breaches of the Health and Safety at Work Act and fines totalling £17,000 were imposed.

On behalf of his family and dependents, the executors of Mr Whelan's estate sued Metal Box Ltd who today agreed to a £335,000 settlement of the case.

Approving the deal after a brief hearing, Mr Justice Griffith Williams said: "I am pleased there's been a settlement, for the sake of the family."

The case was backed by construction workers union, UCATT.

Since the disaster, Mr Whelan's mother, Linda Whelan, from County Durham, has campaigned publicly for tougher laws and penalties in workplace death cases. Originally from the north-east, Mr Whelan is buried in Crook cemetery, County Durham.