Three construction firms have been ordered to pay over £400,000 in
fines and costs for serious safety failings, after a worker lost his arm
when it became trapped in poorly-guarded machinery during a road
surfacing operation in Hertfordshire.
The 53-year old road worker
was preparing a chip spreader – a machine used to scatter stone chips on
asphalt – for resurfacing works on the A1001 in Hatfield when his left
arm became caught in the machine’s rotating auger, causing serious
injuries.
The highly-experienced worker, from Rushden,
Northamptonshire who does not wish to be named, had to have his arm
amputated shortly after the incident and has been unable to return to
work since.
The incident, on 8 March 2012, was investigated by the
Health and Safety Executive (HSE), which prosecuted Amey LG Ltd,
Lafarge Aggregates Ltd (acting as Amey Lafarge, a joint venture in
charge of the operation) and Ashmac Construction Ltd, who provided
workers to the joint venture, for multiple safety breaches at Watford
Magistrates’ Court.
The court was told (25 March), in order to
prepare the chip spreader for use, the worker placed on the site by
Ashmac Construction Ltd started the machine and the rotation of its
internal auger. During the operation of setting the machine up for use
his arm became entangled in dangerous moving parts.
HSE’s investigation revealed a series of safety failings on the part of all three companies.
HSE
found the worker, who was not formally trained in the use of the
spreader, and his colleagues were only given one evening to familiarise
themselves with the machine by Amey Lafarge when they started work on
site six months before the incident.
Amey Lafarge did not give the
workers any instruction or training in how to operate the machine
safely, including how to secure guards, nor were they given a copy of
the operator’s manual for the machine. In addition, there was no safe
system of work in place to ensure that the machine was set up and
operated properly and that its use was restricted to those who were
trained.
The Amey Lafarge did have a risk assessment and a
site-specific method statement but these did not reflect the reality of
the controls in place for the use of the chip spreader. Indeed, the risk
assessment described a different type of chip spreader than the one
used on site.
Ashmac Construction Ltd did not take reasonably
practicable steps to ensure workers that it placed on site had received
appropriate information, instruction and training in the safe use of the
chipper they were operating.
Amey LG Ltd, of the Sherard
Building, Edmund Halley Road, Oxford, was fined £150,015 and ordered to
pay costs of £18,000 after pleading guilty to one breach of Section 3(1)
of the Health and Safety at Work etc. Act 1974.
Lafarge
Aggregates Ltd, of Portland House, Bickenhill Lane, Solihull,
Birmingham, was fined £175,015 and ordered to pay costs of £18,000 after
pleading guilty to one breach of Section 3(1) of the Health and Safety
at Work etc. Act 1974.
Ashmac Construction Ltd of Pavillion Court,
Pavilion Drive, Northampton, was fined £30,015 and ordered to pay costs
of £18,000 after pleading guilty to a breach of section 3(1) the Health
and Safety at Work etc. Act 1974.
Following the case, HSE Inspector Gavin Bull, said:
“This
tragic incident has left a worker with life-changing injuries. It was
wholly avoidable. The risks associated with plant operating are
well-known in the industry.”
“This incident highlights the need
for workers to receive the information, instruction and training they
need to operate plant safely and for companies to put in place measures
to ensure the plant is operated safely on site.” NEBOSH Combined National General/Construction Course
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