Health & safety fines: £200,000 after employee's legs amputated; £100,000 after hoarding falls on woman

Cornish construction company MJL Contractors Ltd has been fined £200,000 after a worker had to have both legs amputated around the knee after being crushed by a dumper truck.

Roger Daw, 58, was operating a fully loaded front tipping dumper on a site in Liskey Hill, Perranporth. He drove the dumper down an incline where it became imbalanced and overturned. Mr Daw was thrown from the vehicle, which landed on his legs. He was airlifted to hospital where both his legs were amputated at about the knee.

Truro Crown Court heard whehn MJL Contractors appeared before this month (October) that there were a number of failings that led to the incident. The specific type of truck being used by Mr Daw was not appropriate for the task but nobody on site had assessed the plant equipment’s limitations. A Health & Safety Executive (HSE) investigation also found the company that Mr Daw was working for, MJL Contractors Ltd, had not carried out an assessment for any of their drivers nor ascertained their competence in using the plant equipment.

MJL Contractors Ltd, Hellys Court, Water Ma Trout Industrial Estate, Helston, Cornwall, pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc Act 1974. As well as being fined £200,000 the company was ordered to pay costs of £12,312.56.

HSE inspector Jo-Anne Michael, said afterwards: "Roger Daw’s life has been changed forever. If MJL Contractors Ltd had planned the work properly, assessed the equipment and the drivers this incident would not have happened.

"Companies must learn that risk assessments are there to protect their workers from the real risk that mobile plant can become unstable."

website: 

http://www.hse.gov.uk

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Cambridge construction company Frazer Stannard Ltd has been fined £100,000 after a 10m long piece of temporary hoarding around a building site fell on to an elderly woman, pinning her to the ground.

Mrs Margaret Gardiner, 68, was knocked into the street and trapped by the hoarding on 7 July 2015. She had been walking along the pavement on Bedford high street. She sustained injuries to her hip as well as extensive bruising to the rest of her body, including her head.

Luton Magistrates Court heard this month (October) when Frazer Stannard appeared before it that the hoarding had been inadequately constructed. The workers had been given no details, design or instruction on how to build the hoarding and it was left entirely to the team on-site how to secure it. There was no supervision and the hoarding had not been adequately supported, tied back or inspected. Eventually it gave way and fell.

Frazer Stannard Ltd pleaded guilty to two offences: breaching Section 3 (1) of the Health & Safety at Work etc Act 1974 and to breaching Regulation 19(2) Construction (Design & Management) Regulations 2015. It was fined £50,000 for each offence. The company was also ordered ordered to pay costs of £2,425.16.

HSE inspector Stephen Manley said: “This incident could have easily been a fatality and was entirely preventable. Had Frazer Stannard Ltd recognised the work they were doing as temporary works and managed matters properly they would have realised the hoarding was not fit for purpose. Construction companies must learn from this case and plan their work properly, ensuring workers are given proper instructions as well as supervision.”

Guidance on how to protect the public from construction work can be found at: http://www.hse.gov.uk/construction/safetytopics/publicprotection.htm