NEWS THE INCOURTS
DECKING MANUFACTURER AND DIRECTOR SENTENCED AFTER WORKER CRUSHED
A Stockport decking manufacturer and a company director have been fined after a delivery driver was crushed by a poorly lifted load.
Manchester Magistrates’ Court heard how on the 30 April 2019, a HGV driver was delivering packs of five metre lengths of plastic deck boards to Ultimate Systems Ltd. Several packs of decking were stacked on pallets with an approximate weight of over 2000 kgs.
Company director Andrew Kerr used a forklift truck (FLT) to unload the delivery, lifting the entire stack of pallets at once, which exceeded the FLT load capacity. This caused the forklift to tip forward, which resulted in the load falling onto the HGV driver, trapping him between the load and his own vehicle.
The driver sustained crush injuries to the spine, multiple rib fractures, a broken left collarbone, a punctured lung and ligament damage to the neck. He spent six weeks in Manchester Royal Infirmary, four weeks in an induced coma. He was unable to work for a year.
An investigation by the Health and Safety Executive (HSE) found Kerr was not trained to operate the forklift truck. There was no safe system of work for unloading or loading of decking, and no rules for visiting drivers to wait in a safe area.
Ultimate Systems Ltd of Second Avenue, Poynton Industrial Estate, Poynton, Stockport pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work etc. Act 1974 and was fined £38,000 and ordered to pay costs of £3,741.10
Andrew Kerr of Burnside Way, Winnington, Northwich pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work etc. Act 1974 and was sentenced to 14 weeks imprisonment suspended for 18 months with an additional requirement to complete 180 hours unpaid work and ordered to pay costs of £3,472.30.
Speaking after the hearing, HSE Inspector Stuart Wood said: “Those in control of work have a responsibility to ensure the methods they use to unload and load vehicles is safe.
“If forklift truck operator training and specific site rules to visiting drivers had been in place the serious physical injuries sustained by this driver could easily have been prevented.”
CONSTRUCTION COMPANY FINED AFTER EXCAVATION COLLAPSE
Harlands Builders Limited has been fined for safety breaches after a ground worker was trapped having entered a two-metre-deep excavation.
Bridlington Magistrates’ Court heard that on 26 June 2019, the company was undertaking groundworks at West Farm Stone, Creek Sunk Island, East Riding. The worker had entered an excavation in order to measure the depth when part of it collapsed on him.
An investigation by the Health and Safety Executive (HSE) found that the excavation had three sheer unsupported sides and was not battered back. The
worker was trapped by the collapse and sustained a broken tibia and fibula on his left leg. Other workers were also put at risk as they went into the excavation to free the trapped man.
Harlands Builders Limited of Medina House, Station Avenue Bridlington, East Yorkshire pleaded guilty to breaching Regulation 22 (1) of the Construction Design Management Regulations 2015. The company has been fined £12,000 and ordered to pay costs of £1,139.
Speaking after the hearing, HSE inspector Sarah Robinson, said: “The excavation should have been supported or battered back, and no individuals should have been asked to go into the excavation whilst it was unsafe.
“This incident could have led to the death of the worker. The case highlights the importance of identifying and following any risk assessment that was set in place.”
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