THE death of a dock worker who was buried alive by coal while under the influence of cannabis has been ruled an accident.
A jury returned the unanimous verdict at Cleethorpes Town Hall yesterday, after a two-day inquest into the death of Tim Elton, 28, of Oakham Walk, Immingham, while working at Immingham Docks on January 27 last year.
Mr Elton's fiancee, Emma Everitt, told the Telegraph of her "disappointment" with the result, criticising procedural safety standards on the MV Excalibur, where he was working.
Coroner Paul Kelly summed up the facts given by witnesses on Tuesday and evidence from Health And Safety Executive (HSE) inspector Carol Downes, yesterday.
On Tuesday, consultant pathologist Patricia Parsons had told the inquest that Mr Elton died as a result of asphyxia, suffocating after being buried by coal while working on the Merchant Vessel Excalibur.
However, she added that cannabis usage could have caused the accident. Chemical pathologist Dr Davison said the level of the drug in his blood was so high, he believed Mr Elton ingested cannabis within an hour of the accident.
Mr Elton was working for an agency as a "trimmer" – employed to prepare the hold to be unloaded and assist in unloading – and had been asked to clear the ladders into hold one at the ship's front.
Michael Smith, Grimsby and Immingham Stevedores hatchman – employed to direct the crane unloading coal from the hold – claimed that Mr Elton did so and then deliberately slid down to the bottom of a slope, despite being told not.
Mr Kelly said that Mr Elton was then buried by a catastrophic fall of coal, which witness and friend Gordon Burns – who had been working with Mr Elton that day – suggested was caused by the impact of the crane.
However, yesterday, Ms Downes told the inquest that she could not be sure of the source of the avalanche, which could just as easily have been caused by the tide moving the ship.
The inspector also told the hearing that she had spoken to numerous "trimmers", all of whom said they would not have slid down into the coal pile in the way that Mr Elton did.
Gordon Exall, representing Mr Elton's family, pointed out that there was no system in place for rescuing someone who is buried and questioned the decision to carry on working in the hold while he was "in a position of danger".
Mrs Downes answered that a system could not have rescued Mr Elton fast enough to save his life and admitted that safety improvement notices have now been issued ordering work to stop if someone is in a dangerous position, but it may have had no impact.
After the hearing, Miss Everitt said: "We are disappointed with the safety standards that existed at the docks at the time. We know that the HSE had to issue improvement notices afterwards because the safety standards were so low.
"When people have to earn a living by working in dangerous conditions, it is important that those responsible assess the risks and ensure that if someone is in a dangerous position, all work stops at once. If proper standards had been in place Tim would still be alive and our sons Luke and Jamie would still have a father.
"Tim was the most gentle and kind person you could know. He enjoyed being with family and friends. He is sadly missed and it is impossible to replace him."
