Port operator fined after employee injuries
Mersey Docks and Harbour Company has been fined after a worker was struck by a falling load at the Port of Liverpool in Seaforth.
On 28 May 2015 three agency workers were loading bundles of rebar onto heavy goods vehicle trailers. One worker was acting as a banksman while two colleagues were operating forklift trucks undertaking a tandem lift. During the lift a single bundle of rebar was struck the reversing heavy goods vehicle’s headboard. This led to the bundle, which weighted 1,924kg, to fall onto the employee acting as banksman who was stood on the far side by the goods vehicle’s cab.
The injured operative sustained multiple fractures, lacerations, scarring and abrasion, ligament reconstruction to his left knee and has undergone four operations which resulted in the amputation of two toes of his left foot. He has been unable to return to work since the incident.
An HSE investigation found that no suitable risk assessment of hazards arising from loading bundles of rebar onto reversing flatbed trailers had been carried out. The tandem forklift truck lifting operation was also not properly planned, supervised or carried out in a safe manner.
Breach
The Mersey Docks and Harbour Company Limited pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974.
- Section 3(1) requires that employers conduct their activities in a manner to ensure, so far as is reasonably practicable, that persons they do not employ are not exposed to risks to their health or safety.
Penalty
The Mersey Docks and Harbour Company Limited was fined £300,000 and ordered to pay costs of £7,593.55.
Director fined after worker impaled on a spike
Hafeez Ghafoor, formerly a director of the now-dissolved landscaping company R K United Ltd, has been sentenced for safety breaches.
On 25 August 2016 an employee of R K United Ltd was using a lorry loader crane to deliver a load of soil to a new house in Leeds. As he brought the crane arm down, his left arm was impaled on a spike, which was protruding from the control system. The impact also caused several bones in his arm to be shattered.
An HSE investigation found that the crane had severe defects, including a disabled safety system. Part of the safety guard around the controls had been cut off, leaving an exposed spike. In addition, the worker had not received appropriate training to operate the lorry loader crane.
Breach
Hafeez Ghafoor pleaded guilty to breaching Section 37 of the Health and Safety at Work etc. Act 1974.
- Under Section 37, directors, managers secretaries or similar officers of a corporate body may also be found guilty of an offence where it was committed with their consent or connivance or was attributable to neglect on their part.
Penalty
Hafeez Ghafoor was given a 12-month prison sentence suspended for two years and ordered to complete 200 hours of community service.
Oil company fined following oil leak
BP Exploration Operating Company Limited has been fined following an uncontrolled release of fluids at the Sullom Voe Terminal in Shetland during 2012.
On 13 December 2012 work employees were working to drain a surge relief line connected to the Ninian pipeline system within the terminal complex.
During this procedure a hose was connected to single valve on the pipe and put unfixed into a manhole. After draining out the water, unstabilised crude oil at high pressure flowed through the hose. This led to the hose coming out of a man-hole, resulting in a ‘loss of containment’. The loss of containment was not noticed for approximately 30 to 40 minutes. During this time approximately 3.8 tonnes of extremely flammable, unstablised crude oil spilled on to the ground.
An HSE investigation found that between 12 November and 13 December 2012 BP Exploration Operating Company Limited had failed to take all measures necessary to prevent major accidents and to limit their consequences to persons and the environment.
BP Exploration Operating Company was found to have failed to identify and assess the hazards and risks arising from the non-routine task being undertaken.
Breach
BP Exploration Operating Company Limited pleaded guilty to breaching Regulation 4 of the Control of Major Accident Hazards Regulations 1999 and Section 33(1)(c) of the Health and Safety at Work etc. Act 1974.
- Regulation 4 requires that every operator takes all measures necessary to prevent major accidents and limit their consequences to persons and the environment.
- Section 33(1)(c) makes it an offence for a person to contravene any health and safety regulations or requirement or prohibition imposed under these regulations, including requirements or restrictions applied through licences, approvals or other authorisations.
Penalty
BP Exploration Operating Company Limited was fined £400,000.
|
