Company, director and excavator operator fined after two workers sustained severe injuries in two separate incidents
A company, director and excavator operator have been sentenced for safety breaches after a worker was struck by a falling excavator. The company has also been sentenced for safety breaches in a separate incident when a worker sustained severe crush injuries to his right leg when he was dragged under a 360 excavator.
March 2018 Incident
At the time of the incident, J Murphy Aggregates Ltd was engaged in waste management/collection of non-hazardous waste, typically tarmac, brick rubble and broken concrete, which is further broken down and then sold on as hardcore to building sites.
The excavator operator was using the excavator to “munch” a stockpile of material when the ground below the excavator collapsed. The excavator then tumbled down the stockpile and collided with a worker, who was catapulted off the crushing machine he was maintaining at the time.
The 58-year-old worker hit by the excavator suffered multiple fractures to both legs, a dislocated kneecap, a right sided fracture to the pelvis and hip, two punctured lungs and a right sided fracture to the skull. He also required ten stitches to the head. He remained in hospital for a year, during which time his right hip was removed. His right leg is now significantly shorter than his left leg.
An HSE investigation found that the excavator operator had been initially employed as a crusher machine operator via an employment agency and held a Construction Plant Competence Scheme (CPCS) card to do so. However, he was then employed directly by the director of the company to operate a tracked excavator, despite not holding formal qualifications for this.
December 2020 Incident
On 4 December 2020, a wagon driver’s tipper vehicle was being loaded with rubbish by an excavator. The driver was standing watching this being done. He then approached the side of the wagon to retrieve some overhanging rubbish, before walking between the excavator and wagon and standing towards the rear of the vehicle near to the right-hand track of the excavator. The excavator tracked forwards, dragging the driver’s right leg under it and crushing it.
The driver’s right leg was broken and degloved below the knee. He underwent several operations to repair the open fractures and have muscle and skin grafts. A muscle graft subsequently failed in his right ankle and following other complications his right leg was amputated below the knee. His left leg has also been left badly scarred and damaged from the skin and muscle grafts taken from it.
An HSE investigation found that there was no effective segregation between heavy vehicles and pedestrians in the yard. CCTV footage of the two weeks prior to the accident showed several occasions where plant machinery almost contacted a pedestrian. In the period immediately prior to the accident, other pedestrians were seen on foot within the danger zone of the excavator as it was loading wagons.
Breaches
J Murphy Aggregates pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health & Safety at Work etc Act 1974:
- Section 2(1) requires every employer to ensure, as far as reasonably practicable, the health, safety, and welfare at work of all their employees.
- Section 3(1) makes it the duty of every employer to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected are not exposed to risks to their health or safety.
The director pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health & Safety at Work etc Act 1974 by virtue of section 37(1) of Health & Safety at Work etc Act 1974
- Section 37(1) makes any director, manager, secretary or other similar officer of the body corporate guilty of offences committed by the body corporate under the Act, where this was committed with the consent or connivance of these persons or was attributable to negligence.
The Excavator Operator pleaded guilty to breaching Section 7(a) and Section 3(2) of the Health & Safety at Work etc Act 1974
- Section 3(2) requires self-employed persons to ensure, as far as reasonably practicable, that he and other persons (not being his employees) who may be affected are not exposed to health and safety risks.
- Section 7(a) requires every employee, whilst at work, to take reasonable care for the health and safety of themselves and of other persons who may be affected by their acts or omissions at work.
Penalties
March 2018 Incident
J Murphy Aggregates was fined £70,000.
The director was sentenced to an eight-month custodial sentence, suspended for two years, and 160 hours of community service. He was also required to attend 20 rehabilitation activity requirement days and to pay £2,242.50 in costs.
The excavator operator received an eight-month custodial sentence, suspended for two years and was ordered to pay £2,242.50 in costs.
December 2020 Incident
J Murphy Aggregates was fined £50,000 with a total of £8,750 in costs.
Sole trader fined for failing to meet their obligations under health and safety law
A sole trader has been fined for failing to plan, manage and monitor construction work being carried out under their control.
The principal contractor was carrying out extensive refurbishment works to extend a detached property in Chigwell, Essex. During this project the site received six inspections by the HSE between 1 May and 28 November 2018.
The contractor was served with three prohibition notices for breaches of the Work at Height Regulations 2005 and another prohibition notice regarding the stability of roof trusses. He was also served three improvement notices for the control of wood dust, access and egress and competent supervision.
A repeat visit by the HSE found that the contractor had continued to fail to suitably plan, manage and monitor construction work being carried out under his control. The contractor had also failed to comply with the prohibition notice on work at height and the improvement notice which concerned to the training of a competent Site Manager.
Breaches
The contractor pleaded guilty to breaching Section 33(1)(g) to the Health & Safety at Work etc Act 1974 and breaching Regulation 15(2) of the Construction (Design and Management) Regulations 2015:
Penalty
The contractor was ordered to serve a community order, which involves undertaking 280 hours of unpaid work within the next 12 months. The contractor was also ordered to pay costs of £5,000.
Construction company prosecuted after two workers fell from height on a project site
A construction company has been sentenced after two bricklayers fell from height during the construction of a parapet wall in Cheshire.
On 31 October 2019 the two employees were using a makeshift platform when it collapsed. The two men, along with plywood boards and bricks, fell approximately eight feet to the concrete floor below. The first man suffered fractured ribs, severe bruising and a large wound to his leg, while the second sustained severe bruising to his knees.
An HSE investigation found that the company did not properly plan the work at height. The risk assessment and method statement failed to consider how the parapet wall would be constructed and how the risk of falling from height would be prevented. The company failed to ensure that there were suitable measures in place for preventing the employees from falling from height and they were left to work out how best to carry out the work with the equipment they had available. The work at height was not adequately supervised to ensure that it was carried out safely.
Breach
The company pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005:
- Regulation 4(1) requires every employer to ensure that work at height is appropriately planned, supervised and carried out in a safe manner so far as is reasonably practicable.
Penalty
H Cumberbirch & Son was fined £36,000 and ordered to pay costs of £2,824.
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