Director imprisoned after fatality on construction site
Robert Harvey, sole director and employee of Front Row Builders Ltd has been sentenced after a worker (Nicholas Hall) was crushed to death by an excavator bucket Harvey was operating.
At the time of the incident, a pit was being excavated for a vehicle wash bay at a site in Blantyre, South Lanarkshire. On 7 May 2016 workers were building a will within the excavation. Robert Harvey operated an excavator to lower cement and blocks down into the hole for three other men who were working in the hole to use. Robert Harvey tipped the bucket to empty the mortar contents and shouted to Nicholas Hall to ‘scrape the rest out with a shovel’. However, Nicholas was pinned against the wall by the excavator bucket and died of blunt force injuries to his chest and abdomen.
An HSE investigation found that Robert Harvey failed to undertake a sufficient assessment of the risks to those who had been instructed to work with him. He was also operating a long reach excavator without receiving the appropriate training or certification and he instructed Nicholas Hall, who was working within the excavation, to remove mortar from the bucket.
Breaches
Robert Harvey pleaded guilty to breaching Section 7(a) and Section 33(1)(a) of the Health and Safety at Work Act etc 1974.
- Section 7(a) requires every employee to take reasonable care of their own health and safety and other persons who may be affected by their acts or omissions at work.
- Section 33(1)(a) makes it an offence to fail to discharge duties under Sections 2 through 7 of the Act.
Penalty
Robert Harvey was given a 10 month custodial sentence.
Charitable trust after injuries to members of the public
A charitable trust in Sheffield has been fined sentenced following safety breaches that led to injuries to a woman and her grandson.
On 11 December 2017, Sheffield Countryside Conservation Trust was tree felling in Truman Road, Stocksbridge. The tree was being felled by chainsaw with the assistance of a winch. When the last cut was applied, instead of the tree falling as expected, it twisted out of control and fell onto the lane. The tree came to rest on the site boundary wall and a security gate on the other side of the lane.
At the time of the incident, a 46-year old woman and her grandson were walking up the lane. The two were injured by the falling tree. The woman was knocked unconscious while her four-year old grandson received minor head injuries. The woman’s five-year-old granddaughter, also present, was uninjured.
An HSE investigation found that the tree was not properly assessed prior to felling and the tree did not fall in the intended direction. The method used for felling this size and shape of tree was not the correct one. A different felling method was needed because of the tree’s shape and angle of lean. The HSE also found that site supervision was inadequate and work on the day of the incident was poorly organised. Effective measures had not been taken to prevent members of the public entering the danger zone.
Breach
Sheffield Countryside Conservation Trust pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974.
- Section 3(1) requires that every self-employed person conducts their activities in a manner to ensure, so far as is reasonably practicable, that they and any persons they do not employ are not exposed to risks to their health or safety.
Penalty
Sheffield Countryside Conservation Trust was fined £3,000 and ordered to pay £1,000 in costs.
Fines for non-destructive testing (NDT) technician for rollercoaster testing failures
A self-employed NDT technician has been fined after a train from a rollercoaster he NDT tested derailed from the track and crashed to the ground.
In April 2016 William Testo tested the assembled Tsunami rollercoaster at M & D (Leisure) Limited, Strathclyde Country Park. The Technician issued an NDT Report dated 25 April 2016. On 26 June 2016 a train on the rollercoaster, with nine passengers, derailed and crashed to the ground causing serious injuries to those on board.
An HSE investigation found that Mr Testo did not possess the appropriate level of qualification in ultrasonic testing to allow him to competently check for fatigue cracking on the ride. The NDT report he issued also failed to properly record parts tested and results obtained.
Breach
William Testo pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974.
- Section 3(2) 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
William Testo was fined £1,000.
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