Birley Colliery

Current Status - Page under construction! and is far, far from complete!

Allen, Harry, 30 Oct 1933, aged 49, Collier, Piece of coal fell from corner of buttock as he was passing and pinned him to the floor — killed instantly

Archer, George, 31 Jan 1865, aged 40, Banksman, Fell down shaft

Ashmore, Robert, 01 Jul 1886, aged 38, Stallman, Fall of roof at the gate end

Barker, John, 01 Oct 1857, aged 27, Banksman, Struck on head with end of broken rope [More information ...]

Bates, H., 10 Sep 1856, aged 27, Pumps falling down sinking shaft [More information ...]

Bates, Walter, 23 Oct 1905, aged 9, School-boy, Crushed between two railway wagons whilst trying to pass between them during shunting operations. He was not employed at the mines [fatality reported during the year but not classified as a reportable accident]

Bennett, Edgar, 04 Oct 1934, aged 32, Joy loader operator, He was preparing a girder after loading out coal when a piece fell from roof and killed him

Beverley, Charles, 19 Feb 1898, aged 30, Stallman, Fall of roof. A gate side pack was pushed out by a prop which had been left standing in the pack. The fallen pack was being rebuilt when a portion of the roof fell and killed the deceased

Biggin, John, 12 Jun 1862, aged 34, Miner, Fall of coal

Black, L., 07 Jul 1934, aged 20, Conveyor attendant, Loading tubs at delivery end of belt conveyor when roof girder broke and the one next to it was displaced and he was buried by 20 tons of bind. Dead when released 3 hours later

Bloy, Daniel, 04 Feb 1901, aged 53, Dataller, Run over by two empty tubs which had broken away from a train of 35 tubs while going down an engine-plane, owing to an obstruction on the line causing them to become uncoupled (Silkstone coal)

Boddy, John, 12 May 1902, aged 26, Blacksmith, He died on the premises of the mine, and at the coroner's inquest it was found that his death was caused by natural causes, namely, "syncope" [fatality reported during the year but not classified as a reportable accident]

Bolsover, Joseph, 13 Jan 1903, aged 35, Dataller, Fall of roof. Two steel bars supporting the roof of a main level had fallen, and the two deceased were setting a centre prop under the covering timber, which appears to have taken the weight off the adjacent bars, causing them to fall. The debris above the covering timber fell and killed the two deceased (Silkstone coal seam) [More information ...]

Bowskill, Thomas, 17 Jun 1871, aged 63, Collier, Fell into sinking shaft

Bradshaw, John, 16 Dec 1878, aged 42, Collier, Getting down roof when it suddenly fell

Brocklehurst, John Thomas, 28 Nov 1911, aged 66, Collier, The two men started that day to work away a pillar which had been left to support the engine plane, and had only been at work 1¼ hours, and had exposed the new roof for a length of 2 feet 6 inches, when it broke over a newly set sprag put up to support it, and killed both men. The part of the roof which fell pushed off some of the coal under it and exposed a break, so that the whole weight or 3 tons which fell was only supported by the one spragging prop set by one of the deceased men [More information ...]

Brocklehurst, Mark, 12 Dec 1905, aged 54, Stallman, Fall of roof. Deceased was attempting to withdraw a prop from a waste, and did not use a ringer-and-chain, as required by the rules, when a fall of roof killed him (Silkstone seam)

Brooker, John, 07 Feb 1895, aged 63, Dataller, An empty set of trams ran away down an engine plane owing to the chain breaking and killed deceased who was working there

Brown, John William, 30 Jan 1886, aged 19, Loader, Fall of timber and roof when commencing to drive a heading

Chambers, Edward, 21 May 1888, aged 13, Incline boy, Crushed by train of loaded tubs

Chatterton, Joseph, 15 Jan 1891, aged 31, Dataler, Deceased stated that whilst walking along a roadway be stumbled and fell. The man never complained or reported any injury to his head and after leaving the pit he walked five miles to his home. He died from concussion of the brain

Clayton, Joseph, 07 Dec 1880, aged 35, Collier, Fall of roof

Clifton, John, 07 Sep 1906, (accident: 06 Apr 1906), aged 55, Stallman, He fractured his leg by a fall of roof in the mine on 6th April, 1906, and he died of pneumonia, which the coroner's jury said was "not directly brought about by the accident" [fatality reported during the year but not classified as a reportable accident]

Cooper, Ellis, 26 Jun 1876, aged 31, Header, Explosion of firedamp. Had worked with safety lamps previous to the morning of the explosion. Fireman neglected to thoroughly examine the heading before the men went to work. Fireman was committed for manslaughter, and manager and underviewer censured by coroner's jury [More information ...]

Corker, James, 01 Feb 1883, aged 13, Incline boy, Crushed between loaded tubs

Crouch, Joseph George, 20 Jul 1907, aged 57, Dataller, Three men were cleaning out an old water level when an inrush of water overcame them and drowned deceased, he being at the time between the water and a tub which probably prevented his escape (Deep hard coal)

Davies, Charles William Walter, 01 Oct 1906, aged 17, Rope-boy, Deceased was cleaning up the centre of a roadway upon which an endless-rope was working, when he was run over and pulled some distance by the tubs and killed (Silkstone coal)

Dent, William, 30 Nov 1893, aged 36, Stallman, Fall of coal. Deceased had taken a holing sprag and cut through the coal and although they were drawn from the roof he went under the coal. The deputy passed through the stall a short time previously and called attention to the danger but unfortunately did not remain and see it removed

Dewsnap, Norman, 13 Jul 1934, aged 14, Haulage hand, Cleaning spillage beneath pulley on back gate conveyor and used a stick to clean pulley in motion — he had been warned by the manager not to do this and arm was drawn into pulley and severed. Died a week later

Downes, Thomas, 13 Sep 1866, aged 13, Boy, Killed on incline

Drury, G., 09 Jan 1858, aged 22, Miner, Fall of coal

Durham, Samuel Shepherd, 31 Dec 1885, aged 20, Dayman, Run over on an engine plane

Eaton, Henry, 30 Dec 1914, aged 61, Labourer, He was struck by an empty wagon whilst he was assisting to lower a timber wagon on a gradient of 1 in 100. The brake of the empty wagon was down but not pinned. Apart from a high wind there was nothing to account for the movement of the second truck

Ellis, Alic, 14 Jan 1899, (accident: 13 Jan 1899), aged 14, Assistant Onsetter, Deceased had been attending to some full tubs near the pit bottom, when others, upon a parallel road, were released from the endless rope. These required lockering, and he crossed over the road to attend to them, when he slipped down and was crushed by the tubs. He died the next day (Silkstone coal)

Elmer, John, 24 Nov 1924, 8.5 p.m., 7th hour of shift, aged 22, Filler, He was engaged loading coal on to a face conveyor eight yards from the gate end, when the roof suddenly fell from between two rows of props, set 4 ft. apart, over a length of 24 ft. and buried him. He was dead when extricated. Had bars been set the accident might have been avoided

Forest, John, 13 May 1908, aged 36, Road Repairer, He was sitting eating some food when a piece of side stone fell and buried him. He died an hour and a half afterwards

Fox, Joseph, 23 Dec 1911, (accident: 18 Nov 1911), aged 38, Filler, He was loading a tub of coal at the gate end when a fall of roof pushed out a bar under which he was working. The two props supporting it, two other bars and the fall struck deceased. Both his legs were fractured and blood poisoning set in later and caused his death on the 23rd December

Frith, John James, 01 Nov 1899, aged 16, Horse driver, Deceased was in charge of a horse and train of full tubs, and he was found dead in front of the first tub. He appeared to have been lifting this tub on the road, when the train ran forward and killed him (Silkstone coal)

Gillott, J., 17 Sep 1863, aged 20, Trammer, Fall of roof

Glossop, John, 23 Jun 1885, aged 24, Collier, Run over by water tubs whilst taking them down an incline

Godfrey, Thomas, 02 May 1865, aged 34, Sinker, Suffocated in sinking shaft

Grainger, Robert, 08 Jan 1881, aged 40, Labourer, Crushed between two railway waggons under the coal screens

Grant, Bernard, 31 Jan 1908, (accident: 10 Jan 1908), aged 32, Labourer, He was employed on the top of the tip heap, and in the evening was left finishing his work and to all appearances as well as usual. The next morning he was found on the tip heap about three yards from where he was left working the previous day in a state of coma and badly burnt on the back. He was removed to the infirmary at Sheffield where he died on the 31st. A post-mortem examination showed that the actual cause of death was an abcess on the right lung, and the medical evidence given at the inquest was to the effect that exposure and burns might assist in the development of the abcess, and the gases from the tip might also affect him. The jury returned a verdict in accordance with the medical evidence, and added that in their opinion death was accelerated by the inhalation of gas from the pit heap

Green, James, 27 Aug 1897, (accident: 13 May 1897), aged 40, Collier, He died from angina pectoris but an inquest was held and the jury returned a verdict that his death was accelerated by inflammation of the second toe of his left foot supervening upon his having accidentally injured that toe some time previously in the mine. No details of the accident could be ascertained. He was supposed to have been injured on either 14th April or 13th May. He died on 27th August

Hall, W., 12 Dec 1863, aged 14, Trammer, Fall of roof

Hallam, William, 14 Feb 1894, aged 50, Stallman, Fall of roof. He was getting coal off the face when a fall of roof occurred running the timber out and killing deceased

Hardwick, Howard, 09 Nov 1915, aged 33, Ripper, Removing dirt in a gate when piece of rock fell without warning. Place had been examined by officials three hours before

Haynes, John, 10 Mar 1894, (accident: 07 Mar 1894), aged 47, Stallman, Fall of roof whilst engaged building a timber pack to support the roof. Died 10th March

Herbert, William, 22 Aug 1906, aged 36, Stallman, Fall of roof. Deceased was pushing an empty tub from the engine-plane into a gate-road when a large fall of roof came from above the timbering rolling from the side of the roadway, and killed deceased (Silkstone coal)

Heston, Anthony, 18 Aug 1934, aged 48, Collier, He wanted a prop set near face and was standing in waste beyond back line of props withdrawing an unrelated prop when he was buried by fall and killed instantly

Hindon, Joseph, 13 Oct 1896, aged 26, Stallman, Fall of coal. Deceased was cutting the bottom portion of the seam when a portion of the upper part of the seam fell over and killed him

Holmes, Aaron, 30 May 1882, aged 20, Loader, Fall of roof whilst holing coals

Holmes, William Henry, 14 Jun 1890, aged 28, Header, Fall of roof. Whilst working at the face of a heading the roof fell upon him

Howarth, Thomas, 06 Nov 1874, aged 15, Incline boy, Self acting machinery out of order. Boy working same when it fell striking him

Hunt, Joseph, 26 Apr 1851, Fall of coal in the mine

Hurst, Walter, 14 Jun 1881, aged 14, Run over by loaded tubs that had broken away from the top of an incline

Hutchinson, Benjamin, 12 Jun 1874, aged 35, Stallman, Holing coal insufficiently spragged and coals fell on him

Hutchinson, John, 08 Aug 1855, Explosion of firedamp

Jackson, Thomas, 08 Jan 1872, aged 32, Collier, Died of lockjaw, the result of a strain in lifting a tub

Jones, George, 07 Jul 1899, aged 43, Dataller, Fall of roof whilst repairing the main roadway of an engine plane, probably due to cutting too near the bottom of a prop supporting one of the bars (Silkstone coal)

Keeton, Samuel, 26 Apr 1887, aged 14, Driver, Run over by full tubs

Keeton, William, 31 Dec 1902, aged 55, Stallman, Fall of roof. The deceased was preparing to set a bar for supporting the roof, when it fell and killed him (Silkstone coal)

Kelly, George, 26 Jun 1876, aged 20, Loader, Explosion of firedamp. Had worked with safety lamps previous to the morning of the explosion. Fireman neglected to thoroughly examine the heading before the men went to work. Fireman was committed for manslaughter, and manager and underviewer censured by coroner's jury [More information ...]

Kennedy, Hubert, 23 Feb 1924, 7.45 a.m., 2nd hour of shift, aged 23, Filler, Explosion, firedamp, ignition caused by shot firing, badly burned in the explosion and died from his injuries [More information ...]

Lambert, Robert, 08 Feb 1899, aged 40, Stallman, Fall of roof. Deceased was getting coal from the face, when a large quantity of the roof came with the coal and killed him. The fall came to a slip which deceased liberated by working the coal (Silkstone coal)

Linley, Thomas William, 18 Dec 1936, aged 31, he was buried for nearly an hour under a fall of roof and died on the stretcher carrying him to the pit bottom

Littlewood, James, 27 Sep 1872, Collier, Fall of bind

Lowe, William, 04 Sep 1877, aged 19, Incline boy, Incline wheel flew out of the frame and struck deceased

Maddocks, James, 03 May 1875, aged 21, Loader, Loading coals in a heading the roof fell in ; had prievously been cautioned to set timber

Maden, G., 09 Nov 1910, aged 43, Collier, While they were laying pipes along the side of a main level a fall of roof occurred which partially buried both men. Before they could be released a second fall occurred which completely buried and killed them. The roof was wet and full of slips and was supported by girders set on legs. One girder was knocked down and two others forced out of position by the fall. The fall was probably due to a sudden weight coming on from longwall workings in the vicinity. The workings were separated from the main level by a pillar of coal 30 yards wide. A large pillar should have been left or else the coal should have been completely worked out [More information ...]

Mallinson, Henry, 05 Dec 1913, (accident: 17 Nov 1913), aged 32, Collier, Whilst waiting in the gate for tubs he was stuck on the head by a small piece of stone which fell from the roof. He worked for some days afterwards but blood poisoning set in and he died on 5th December

Marples, Thomas, jnr., 26 Jun 1876, aged 26, Header, Explosion of firedamp. Had worked with safety lamps previous to the morning of the explosion. Fireman neglected to thoroughly examine the heading before the men went to work. Fireman was committed for manslaughter, and manager and underviewer censured by coroner's jury [More information ...]

Marples, Thomas, sen., 26 Jun 1876, aged 49, Header, Explosion of firedamp. Had worked with safety lamps previous to the morning of the explosion. Fireman neglected to thoroughly examine the heading before the men went to work. Fireman was committed for manslaughter, and manager and underviewer censured by coroner's jury [More information ...]

Marples, Willes, 19 Oct 1872, aged 18, Collier, Entangled by machinery

Marriott, Benjamin, 13 Mar 1886, aged 56, Collier, Fall of roof

Medgley, B., 10 Sep 1856, aged 30, Pumps falling down sinking shaft [More information ...]

Moorcroft, Allen, 15 Jul 1878, aged 15, Driver, Riding on coupling chains, between the horse and the tubs. Horse suddenly stopped and the tubs crushed the deceased

Mosley, James, 28 Nov 1911, aged 39, Filler, The two men started that day to work away a pillar which had been left to support the engine plane, and had only been at work 1¼ hours, and had exposed the new roof for a length of 2 feet 6 inches, when it broke over a newly set sprag put up to support it, and killed both men. The part of the roof which fell pushed off some of the coal under it and exposed a break, so that the whole weight or 3 tons which fell was only supported by the one spragging prop set by one of the deceased men [More information ...]

Mosley, Walter, 27 Nov 1885, aged 15, Driver, Run over by full tubs

Mycock, J., 09 Oct 1857, aged 55, Miner, Explosion by going into a head containing gas after he was cautioned not to go [More information ...]

Naylor, Frank, 24 Nov 1933, aged 31, Planerman, Set of 25 tubs was being drawn up 1 in 10 to passbye 40 yards when one link on front tub spread and they ran back — he was knocked down, run over and killed

Newsome, James, 08 May 1896, aged 54, Bank foreman, Deceased was upon the frame work of the belt machinery and while using an iron bar to free the belt chain he slipped and fell about 7 feet on to the pit bank. The machinery was moving at the time and deceased appears to have fallen upon his head

Norman, William, 09 May 1913, aged 27, Ripper, He was buried by a fall of 2 tons of rock from the roof whilst he was cutting at the head of a prop. There was a well defined joint slip from which the stone fell, and it reeled out a single row of props. The use of bars would probably prevented the accident

Nuttall, William, 31 Aug 1874, aged 63, Engineman, Struck by lever of pumping engine which broke in his hand and threw him down

Orgreave, Joseph, 30 Oct 1885, aged 75, Screenman, Crushed by a steam hoist attempting to remove a loaded tub from the cage

Osborne, Louis, 27 Jul 1900, aged 18, Horse driver, Fall of roof. Deceased was driving a horse with two full tubs of coal along a packed roadway when a fall of roof occurred and killed him (Silkstone coal)

Padgett, Edward, 11 Feb 1873, aged 32, Banksman, Run over by tubs on inclined plane

Panhoham, Joseph, 27 Mar 1871, aged 48, Collier, Fall of coal

Pearson, Arthur, 13 Dec 1934, aged 33, fall of about 80 tons of roof [More information ...]

Pearson, Robert, 21 Apr 1890, aged 15, Washer boy, Walking across a hopper of slack. The surface of the slack gave way under him and he fell into it and was suffocated before he was discovered and could be rescued

Porter, Fred, 02 Jul 1924, 9 a.m., 2nd hour of shift, aged 32, Collier, He was working alone in the left bank of No. 227 stall, his filler having gone out into the gate with a full tub. The filler heard a fall and went to investigate and found deceased under a large piece of stone which had fallen from a circular slip in the roof. One prop was displaced. It appears to have been a pure accident

Porter, Frederick, 23 Feb 1924, 7.45 a.m., 2nd hour of shift, aged 56, Collier, Explosion, firedamp, ignition caused by shot firing, badly burned in the explosion and died from his injuries [More information ...]

Porter, Joseph, 25 Sep 1897, aged 45, Dataller, Deceased died suddenly in the mine whilst leaving work. He died from "heart disease," and it was not considered necessary to hold an inquest [fatality reported during the year but not classified as a reportable accident]

Potts, Joseph, 11 Apr 1893, aged 25, Banksman, Deceased was attempting to put a leather belt on revolving pulley when his coat caught in machinery and he was pulled round the shaft and killed before the machinery was stopped

Ratcliffe, William, 06 Jan 1886, aged 46, Collier, Winding rope broke whilst ascending the shaft

Reaney, Harold, 13 Dec 1934, aged 27, fall of about 80 tons of roof [More information ...]

Redfearn, Ernest, 13 Dec 1934, aged 27, fall of about 80 tons of roof [More information ...]

Rogers, Thomas, 22 Apr 1882, aged 42, Stallman, Fall of coal. While holing

Roper, Ernest F., 23 Feb 1924, 7.45 a.m., 2nd hour of shift, aged 20, Ripper, Explosion, firedamp, ignition caused by shot firing, badly burned in the explosion and died from his injuries [More information ...]

Roper, Herbert C., 23 Feb 1924, 7.45 a.m., 2nd hour of shift, aged 41, Collier, Explosion, firedamp, ignition caused by shot firing, badly burned in the explosion and died from his injuries [More information ...]

Saville, Edwin, 26 Jun 1876, aged 56, Header, Explosion of firedamp. Had worked with safety lamps previous to the morning of the explosion. Fireman neglected to thoroughly examine the heading before the men went to work. Fireman was committed for manslaughter, and manager and underviewer censured by coroner's jury [More information ...]

Scothern, Samuel, 06 Jan 1896, (accident: 24 Dec 1895), aged 55, Stallman, He was reported as having received a slight injury but he died on 6th Jan 1896 from "pneumonia," not caused by the cut

Sharman, Fred, 31 Oct 1924, 9 a.m., 2nd hour of shift, aged 35, Collier, He was engaged in withdrawing timber from a length of roadway that was being abandoned. He first attempted to draw a prop with a ringer and chain, but did not succeed. Then a deputy noticed a break on the left-hand side of the road and decided it was unsafe to go under the roof again to put on the ringer and chain and instructed deceased to throw a prop at the standing one. He did so and a fall 10 ft. by 8 ft. by 15 ins. followed, killing him instantly. It was a pity the prop was not left. There was no point in knocking it out if it could not be recovered

Shaw, Frank, 28 May 1885, aged 48, Collier, Run over by a train of loaded tubs whilst travelling down an engine plane

Simpson, Thomas, 16 Jan 1902, (accident: 15 Jan 1902), aged 45, Stallman, Crushed by an empty tub which he was attempting to get on the rails while coupled to others standing above on an inclined roadway. The weight of the train pushed the tub forward and crushed deceased between it and the side of the roadway. He died the next day (Silkstone coal)

Smith, George, 13 Jan 1903, aged 44, Dataller, Fall of roof. Two steel bars supporting the roof of a main level had fallen, and the two deceased were setting a centre prop under the covering timber, which appears to have taken the weight off the adjacent bars, causing them to fall. The debris above the covering timber fell and killed the two deceased (Silkstone coal seam) [More information ...]

Spencer, F. J., 09 Nov 1910, aged 22, Filler, While they were laying pipes along the side of a main level a fall of roof occurred which partially buried both men. Before they could be released a second fall occurred which completely buried and killed them. The roof was wet and full of slips and was supported by girders set on legs. One girder was knocked down and two others forced out of position by the fall. The fall was probably due to a sudden weight coming on from longwall workings in the vicinity. The workings were separated from the main level by a pillar of coal 30 yards wide. A large pillar should have been left or else the coal should have been completely worked out [More information ...]

Spottswood, George Henry, 10 Aug 1898, (accident: 02 Aug 1898), aged 22, Stallman, Fall of roof. Deceased and a loader were the only men working in the stall during the afternoon shift when a small quantity of roof fell and fatally injured the deceased. He died on the 10th

Station, Roland, 02 Apr 1891, 12 noon, aged 33, Incline man, Appears to have been riding in front of a full tub going up an incline. His heel caught against the roof and was crushed between the roof and the tub

Stevenson, William James, 04 Dec 1911, aged 40, Collier, Three men were engaged in a new gate in re-setting a bar which had fallen out, when a fall of roof occurred at the junction. The legs of the bars supporting the roof were knocked out and deceased was struck by a stone which had been resting on the bars. The other two men were injured

Swift, William, 29 Feb 1924, 1.45 p.m., 7th hour of shift, aged 32, Collier, He was withdrawing a prop when a large fall of roof occurred. The prop had been supporting the roof between two slips. He was completely buried and was dead when extricated two hours later. He had been using a pick and had not set temporary supports nor tried a safety contrivance

Sykes, Albert, 10 Apr 1888, aged 29, Stallman, Fall of coal

Taylor, Lawrence A., 06 Dec 1915, aged 16, Electric haulage engine driver, Driving haulage engine was was found fastened in cog gearing. He must have gone over fence when engine was running

Torr, George, 05 Oct 1892, (accident: 29 Aug 1892), aged 25, Loader, Fall of roof. Deceased was at work loading coals under it roof from which the coal had recently been taken down. The roof fell from a slip which could not be seen before the fall. Died 5th Oct

Toule, Alfred, 05 Jul 1892, aged 60, Labourer

Turner, William, 03 Oct 1866, Collier, Fall of roof on level improperly timbered

Walker, W., 28 Aug 1856, aged 16, Fall of coal

Ward, Hans, 25 May 1880, aged 22, Collier, Had a fit whilst ascending the shaft and fell from the cage

Warner, John, 10 Aug 1872, Collier, Run over by waggon on incline

Welsley, George, 05 May 1913, aged 54, Pumpman, He walked on to the sump boards to turn a syphon tap while the cages were in motion. He was struck by the descending cage and was severely injured. Arrangements were provided whereby the tap could he turned without entering the shaft. Had they been used the accident would not have happened

Wheeler, George, 18 Nov 1912, aged 50, Collier, Deceased was hewing coal when a stone measuring 6 feet by 4 feet by 2 feet fell out of the roof from between 2 slips, canting out two props. He was crushed to the ground and fatally injured

Wheeler, W., 06 Mar 1873, Collier, Run over on incline plane

White, Henry, 12 Dec 1888, aged 48, Stallman, Fall of roof drawing a prop without using a ringer and chain

Wilson, George Henry, 02 Mar 1906, aged 16, Horse-driver, Fall of roof. Deceased was passing under a bar in a roadway, when it gave way and allowed the roof to fall and kill him (Silkstone coal)

Wood, George, 10 May 1901, aged 46, Dataller, Found in front of a full tub of dirt which had been loaded near the bottom of an inclined roadway. Supposed to have been lowering the tub down by being in front, and caught his head against the covering over the bars supporting the roadway (Silkstone coal)

Woodward, James, 26 Jun 1876, aged 26, Header, Explosion of firedamp. Had worked with safety lamps previous to the morning of the explosion. Fireman neglected to thoroughly examine the heading before the men went to work. Fireman was committed for manslaughter, and manager and underviewer censured by coroner's jury [More information ...]

Wright, George Herbert, 02 May 1898, aged 16, Horse driver, He was found dead at the front end of a train of 6 full tubs and had been crushed by the first tub against a prop at the side of the roadway. He had been working 12 hours at the time of the accident