Page 10 - IOSH Magazine March 2019
P. 10


        Principal contractor fined £600k after

        worker was killed by dumper truck

        A construction firm has been fined for safety failures                  they would have to carry out work either
        that led to a labourer being fatally struck by a dumper.                on or near to traffic routes used by heavy
                                                                                  “As such the company should have
                                                    had not seen Ramsay and ran   taken measures to ensure that such
                                                    over him.                   pedestrians were not at risk of being
                                                      After the accident Allenbuild   struck by moving plant and the easiest
                                                    halted piling until the bulk   way to achieve this would have been to
                                                    excavation works were       ensure that all workers on foot in the
                                                    completed so that heavy     underground car park area were scheduled
                                                    machinery could operate at   so that they did not coincide with times
                                                    different times from work on   when plant would be operational there.
                                                    foot.                       Access by pedestrians should have been
                                                      It revised its traffic    prohibited outwith these scheduled
                                                    management plan and         times.”
                                                    implemented a segregated      After the hearing Health and Safety
         Allenbuild halted piling until the bulk excavation works were completed  pedestrian walkway to the top   Executive inspector Rob Hirst said: “This
                                                    of the dirt ramp and along the   was a tragic and wholly avoidable incident
        Agency worker Vincent Ramsay, 55, was   side of the car park. It also installed a   that arose due to the company’s failure to
        killed at a former bus and tram depot in   physical barrier to demarcate the piling   ensure that pedestrians were not carrying
        Leith, Edinburgh, where he had been   zone.                             out work on or near traffic routes while
        working for Allenbuild since August 2016.   Allenbuild pleaded guilty to breaching   vehicles were in operation.”
          The London-based construction firm   reg 27(1) of the
        was the principal contractor for the site’s   Construction (Design and
        redevelopment, which included housing   Management) Regulations   Sentencing guidelines application
        and an underground car park.        2015 and s 33(1)(c) of the   Culpability:                    Medium
          On 5 December 2016 Ramsay, who was   Health and Safety at Work   Seriousness of harm risked:    Level A
        known to work on his own initiative, was   Act. It was fined £600,000
        near the bottom of a dirt ramp used to   on 1 February (see table,   Likelihood of harm:         Medium
        access the car park. He was crouched   right).              Harm category:                            2
        down spray-painting marks on to pile    Sheriff Norman      Size of organisation:                  Large
        foundations (a long cylinder of strong   McFadyen said: “The   Turnover:                          £131m
        material that acts as a stable foundation   company should have
        for structures built on top of it).  recognised that there were   Starting point for fine:      £750,000
          Edinburgh Sheriff Court was told that   instances where site   Mitigation:  No previous convictions, excellent safety and
        the driver of the forward-tipping dumper   personnel were required to   health record. 20% discount for early guilty plea
        truck had restricted visibility because of a   access the underground car   Penalty:            £600,000
        load of excavated earth it was carrying. He   park area on foot and that

         Apprentice severed fingers                                                         adequate training on the
                                                                                            machinery and did not
         when gloves were caught in                                                         supervise the young worker.
                                                                                              Air Management and
         three-roll bending machine                                                         Design pleaded guilty to
                                                                                            breaching s 2(1) of the Health
                                                                                            and Safety at Work Act. It
                                                                                            was fined £12,000 and must
         A 19-year-old apprentice   sheet metal into a radius when his                      pay £1,301 costs.
         sustained severe injuries after   gloved hand was drawn in by the                    HSE inspector Wendy
         his right hand was drawn into a   in-running nip between two steel   Full-finger gloves should not have been worn   Campbell said: “This is a
         three-roll bending machine. Two   rollers.                                         reminder to all companies
         of his fingers were severed and he   The HSE found that the   worker was wearing full-finger   to check that full-finger gloves
         also sustained crush injuries.  accident, which happened at   gloves.          are not worn, and safe systems
            The Health and Safety   Air Management and Design’s   The Staffordshire ductwork   of work are in place and being
         Executive (HSE) investigation   premises on Spencroft Road in   engineering and steel fabrication   followed for operation of
         found the apprentice was using   Newcastle-under-Lyme on 3 March   business did not operate a safe   dangerous machinery such as
         the machine to form a piece of   2018, was more likely because the   system of work, failed to provide   three-roll bending machines.”

        8 MARCH 2019
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