New offences this month:
Fairground death leads to court for amusement company
Stevens Amusements Ltd in Wellingborough has been prosecuted after an employee was run over and killed while setting up a fairground ride.
Northampton Crown Court heard that the Twister ride, which was being carried on an HGV driven by company director John Guest, was being manoeuvred into position when Mr O’Brien was run over. He was pronounced dead at the scene.
The reason for the fatality, a Health and Safety Executive (HSE) investigation found, was that that although there was a banksman guiding the HGV, he was on the passenger side of the vehicle. Mr O’Brien was found on the driver’s side of the vehicle. Inadequate arrangements were in place to segregate people from moving vehicles.
Breach
Stevens Amusements Ltd were found guilty of breaching Section 3(1) of the Health and Safety at Work etc Act 1974. Section 3(1) states that it shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.
Penalty
Stevens Amusements Ltd was fined £47,475 and ordered to pay costs of £82,946.11.
Volvo sentenced for worker fall
A worker was placed in a medically induced coma for weeks after Westminster Magistrates’ Court heard how he was servicing a large delivery truck and repairing the driver’s access rope for the cab when he fell, striking his head and losing consciousness. He still suffers from ongoing complications and has been unable to return to work.
The HSE found the step ladder that the worker was using was damaged and its anti-slip feet were worn. It was not Volvo property and had not been maintained or checked to ensure it was suitable for use.
It was found also that Volvo UK had not trained their staff to select, inspect and use access equipment for work at height.
Breach
Volvo Group UK Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974. Section 2(1) states that it shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.
Penalty
The national truck, bus and plant division of Volvo was fined £900,000 and ordered to pay costs of £5820.28, with a £150 victim surcharge.
Waste disposal firm fined after worker loses leg
A company director was operating a 360 o tracked excavator when the injured worker moved behind the excavator to pick up the old door. As he did so, the operator reversed the plant, crushing the worker beneath one of the tracks. The worker sustained severe injuries which resulted in his leg being amputated.
A HSE investigation found that the company had failed to ensure effective communications between the operator of the excavator and persons working in the yard.
A visibility assessment on the excavator also revealed that the operator would have been affected by a ‘blind spot’ of up to eight metres directly behind the vehicle. Further, the excavator’s reversing alarm and beacon were not working, a mirror was missing from the side of the cab and there was no camera or mirror on the rear of the vehicle.
Breach
Cohart Asbestos Disposal Lts pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. Section 2(1) states that it shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.
Penalty
Cohart Asbestos Disposal Ltd was fined £40,000 and ordered to pay costs of £5,674.
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