NEWS IN THE C A round up of prosec
RETAILER AND CONSTRUCTION
CONTRACTOR FINED Martin McColl Limited and JMS Retail Concepts Limited have both been sentenced after two members of the public tripped and fell over construction work outside a convenience store in Dinas Powys, Vale of Glamorgan.
Cardiff Magistrates’ Court heard that during the three-day construction of a concrete disabled ramp in January 2016, two members of the public were injured whilst attempting to enter the store. On 12th January an elderly member of the public tripped over the construction work breaking her wrist, hitting her head and suffering severe bruising. On 13th January 2016 another elderly member of public fell from the partially constructed ramp breaking his collar bone and suffering severe bruising.
£80,000 FINE AFTER WORKER CRUSHED BY
MACHINERY A waste and recycling company has been fined after a young worker was paralysed after becoming trapped in machinery.
Birmingham Magistrates’ Court heard how the 24-year old Mercian Recycling Limited employee, who was undertaking routine maintenance work inside a conveyor, fell approximately four metres to the floor when the machine was switched back on with him inside.
An investigation by the Health and Safety Executive (HSE) into the incident, which occurred on 22 December 2016, found that the company had insufficient controls in place for the management of these risks at their premises.
Mercian Recycling Limited of Ebury 10
An investigation by the Health & Safety Executive (HSE) found that construction work, which was undertaken while the store was open, meant customers were required to walk through the construction site to enter and exit the store. It would have been reasonably practicable to close the store during the construction of the ramp and install barriers and signs to prevent access by members of the public.
Martin McColl Limited of Ashwells Road, Brentwood, Essex pleaded guilty on the first day of a two-day trial after initially pleading not guilty to breaching Section 3(1) of the Health & Safety at Work etc. Act 1974, and have been fined £600,000 and ordered to pay costs of £11,520.
JMS Retail Concepts Limited of Stump Lane, Chorley, Lancashire pleaded guilty to breaching Section 3(1) of the Health & Safety at Work etc. Act 1974, and have been fined £40,000 and ordered to pay costs of £3,038.
Road, Kings Norton, Birmingham pleaded guilty to breaching Sections 2 (1) and 3 (1) of the Health and Safety at Work Act 1974 and has been fined £80,000 and ordered to pay costs of £2,498.34.
Speaking after the hearing, HSE inspector Paul Cooper said: “This is a case where the company failed to have in place any controls whatsoever for ensuring routine maintenance operations were carried out without risks to safety. It reinforces to companies in the waste industry the need to identify risks to their employees and others and to put the necessary control measures in place.
“The waste industry is a known high-risk industry and for this reason HSE is currently targeting the sector with an inspection initiative to ensure effective management and control of risk”.
COMPANY FINED AFTER DEATH OF
EMPLOYEE A civil engineering company has been sentenced for safety breaches after father of three Darren Richardson suffered fatal crush injuries.
Sheffield Crown Court heard in December 2014 RMB Contractors Ltd were working on laying a new concrete slab at Ballast Phoenix Ltd, Claywheels Lane, Sheffield. During ground preparation an old cable duct had to be dug out before the concrete could be laid. A 21-tonne tracked excavator was being used to dig out the duct, parked behind it was a stationary dumper truck.
As the excavator was working back towards the dumper Mr Richardson was crushed between the two pieces of plant. Mr Richardson was pronounced dead at the scene.
RMB Contractors Ltd of Ripley Road Belper in Derbyshire pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and has been fined £75,000 and ordered to pay £24,482.80 costs.
Speaking after the hearing, HSE Inspector Medani Close, said: “Back to back plant activities should be avoided as both pedestrians and vehicles could be put at a higher risk of coming into contact with each other.
Medani continued: “If the two separate work activities cannot be avoided, then the area should be safeguarded and effectively managed with segregation in place, for example using fencing or barriers to delineate the ‘no go’ areas for pedestrians.”
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