HSE prosecution round up:
HGV drivers are frequently putting lives at risk by not
following basic safety procedures when coupling and uncoupling vehicles, the
Health and Safety Executive warned today.
The workplace health and safety regulator urged drivers to apply
parking brakes and use (or retrofit) warning alarms to avoid a repeat of an
incident in January 2015 when a 20-year-old man died.
Road worker Dale Pentney was crushed by an HGV tractor unit
which unexpectedly rolled backwards as driver Anthony Steven Smith was in the
process delivering materials for repairs to the A21 in Kent.
On 24 May, at Sevenoaks Magistrates’ Court, Smith was given a
suspended prison sentence. He pleaded
guilty to causing death by careless driving and a breach of section 7 of the
Health and Safety at Work Act.
The court heard Smith, 48, of Philadelphia Road, Porthcawl,
Newport, Wales, was an experienced HGV driver and was in the process of
connecting his tractor unit to another parked trailer when it rolled backwards.
Two men working with Mr Pentney were able to jump out of its way
but Mr Pentney was unable to do so and was trapped between the two vehicles. He sustained major head injuries and died at
the scene.
A joint investigation by Kent Police and HSE found that Smith
failed to apply the parking brake of the tractor unit before he left it. He also failed to follow recognised industry
coupling procedures.
Smith was sentenced to 12 weeks’ imprisonment (suspended for 12
months) and disqualified from driving for 12 months.
HSE inspector Melvyn Stancliffe, speaking after the hearing
brought by the Crown Prosecution Service (CPS), said:
“This was a tragic and wholly avoidable accident and HSE’s
sympathies are extended to the Pentney family. Sadly, it shows how dangerous situations can
develop very quickly. These coupling/uncoupling incidents – known as ‘runaways’
or ‘rollaways’ – are all too common. Many
vehicles are fitted with visual and audible parking brake warning alarms, and
if they are not fitted, hauliers should consider retrofitting them to their
tractor units as HSE considers it reasonably practicable to do so. These alarms must never be ignored. Drivers must ensure they correctly apply the
tractor unit parking brake before exiting the cab and then follow safe
decoupling and coupling procedures.”
Nigel Pilkington, head of CPS South East complex casework unit,
said:
“Although Dale died whilst he was at work, it was important to
charge Anthony Smith with the serious offence of causing Dale’s death by
careless driving. The sentence rightly
reflects the fact of his careless driving on that day.”
Recycling company fined after
worker was injured in machinery
A recycling company in Nantwich has been fined after a 24 year
old worker was seriously injured when he was dragged into machinery.
Chester Crown Court heard how a worker for Nick Brookes
Recycling Limited was dragged into the unguarded conveyor resulting in his
right arm having to be amputated up to his shoulder.
An investigation by the Health and Safety Executive (HSE) into
the incident which occurred on 8 August 2013 found the conveyor belt was in
extremely poor condition and access to the belt was possible as it was
unguarded.
The employee was working on an ‘infeed conveyor’ which transfers
waste brought by skip wagons onto a picking line. The court heard how the conveyor was jamming
frequently in the run up to the incident and there was a lack of information,
instruction, training and supervision provided by the company to it employees.
Nick Brookes Recycling Limited, of Green Lane, Wardle, Nantwich,
pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc
Act 1974, and was fined £80,000 and ordered to pay costs of £13,000.
Speaking after the hearing, HSE Inspector Adam McMahon said:
“Had the company assessed the risk, implemented the correct
control measures and guarded the machine then the horrific incident could have
been prevented”.
British Telecommunications PLC
fined £600,000 after workers injured
British Telecommunications PLC has been fined after two of its
employees were seriously injured in falls from height.
Teesside Crown Court heard how two British Telecommunications
(BT) Open Reach engineers had been given a job at BT’s Darlington Automatic
Telephone Exchange. One of the engineers
was installing a cable through a hole on the first floor along a ceiling level
cable tray to the Main Distribution Frame (MDF) on the ground floor. In order to carry out this work he was working
on a stepladder in amongst the lighting system. He felt a pain in his right arm and fell from
the step ladder. He was taken to
hospital with head and back injuries.
The accident was not properly investigated and later that day
the work was allowed to continue. The second
engineer continued with the work himself, from a different ladder. However he
too fell to the ground and was taken to hospital with serious skull and back
injuries.
A year after the accident, the first engineer returned to work
for BT. However he had lost his sense of
smell and taste and required physiotherapy for a number of years. The second engineer received serious multiple
fractures of the skull and spine, his sense of smell and taste had been
affected, he was blinded in one eye, and has long term memory problems.
An investigation by the Health and Safety Executive (HSE) into
both incidents, which occurred on 1st April 2010, found that the work had not
been properly assessed or planned, despite workers being exposed to such
serious risks as working at height close to an electrical system. Serious failings were also found within the
electrical lighting system in that area, where workers were exposed to live
metal parts, some at 240 volts. The system was poorly constructed and had not
been properly maintained or tested. It
is most likely that both engineers received electric shocks which threw them
from the ladders.
British Telecommunication PLC, of Newgate Street, London,
pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc.
Act 1974, and was fined £600,000 and ordered to pay costs of £60,000.
HSE inspector Laura Lyons said after the hearing:
“Work at height and working close to electrical systems needs to
be properly assessed and planned so that adequate controls can be put in
place. This duty rests firmly with the employer. These life changing incidents could have been
avoided if BT had provided safe systems of work and ensured that the electrical
systems were properly constructed, maintained and tested. ”
Scottish power firm fined
£1.75m after worker seriously scalded
A Scottish energy company was fined after a worker was
seriously scalded at Longannet Power Station in Alloa.
Dunfermline Sheriff Court heard how a plant controller working for
ScottishPower Generation Limited (SPGL) was injured when he opened a faulty
valve which emitted high pressure, high temperature steam. He sustained serious burns to his chest and
legs.
An investigation by the Health and Safety Executive (HSE) into
the incident, which happened on 12 October 2013, found that SPGL were aware of
the defect but did not ensure appropriate steps were taken to either repair or
remove the valve from use.
ScottishPower Generation Limited, of, Atlantic Quay, Robertson
Street, Glasgow pleaded guilty to breaching Section 2(1) of the Health and
Safety at Work etc Act 1974 and was fined £1.75million.
The HSE principal inspector Fiona MacNeill said after the
hearing:
“The plant controller suffered severe and life changing
injuries. This case has highlighted the importance for every employer of
ensuring that systems are in place for maintaining work equipment in a safe
condition, efficient working order and in good repair.”
Worker crushed between two
vehicles
A waste management and plant hire company in Derbyshire has been
fined after a worker was fatally crushed between two vehicles while refuelling.
Derby Crown Court heard how 39-year-old Matthew Lambert was
refuelling his road sweeper at the yard of Leedale Limited. The refuelling point on the vehicle was at the
rear, and it was while he was refuelling that a tipper lorry reversed into him.
Matthew Lambert was crushed between the
two vehicles and died of catastrophic head injuries.
An investigation by the Health and Safety Executive (HSE) into
the incident which occurred on 26 November 2013 found there were no marked or
identified vehicle and pedestrian routes. There were no rules or control of reversing
manoeuvres, and the lighting at the site was poor and below the required
standard.
Leedale Limited, of Heage Road Industrial Estate, Heage Road,
Ripley, Derbyshire, pleaded guilty to breaching Section 2(1) of the Health and
Safety at Work etc Act 1974, and was fined £300,000 and ordered to pay costs of
£50,737.
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