Worker fatally crushed by refuse collection vehicle – firms fined £815,000

Two companies were fined a total of £815,000 after a worker and father-to-be was crushed to death in Lancashire by a refuse collection vehicle.

Veolia ES Sheffield Limited (Veolia) and John Fowler and Son (Blacksmiths and Welders) Limited (JFS) both pleaded guilty and were sentenced at Preston Crown Court, after an investigation by the Health and Safety Executive (HSE).

The court heard that, on 17 May 2014, during a refurbishment task at JFS in Chorley, an operative using the controls within the RCV’s cab closed the tailgate on Rick Calsen who was at the rear of the vehicle, fatally crushing him to death.

The RCV was supplied with in-cab controls for raising and lowering the tailgate. The system was designed such that it should not have been possible to completely close the tailgate using the in-cab controls, with a minimum gap of 1m being left between the bottom edges of the body and the tailgate. Examinations revealed a fault with the safety limit switch – it was found to be jammed in the actuated position resulting in it being possible to completely close the tailgate using the in-cab controls.

The HSE investigation found the fatal injury occurred due to a poor system of work at JFS, derived from a lack of a suitable and sufficient assessment of the risks, including failure to prop the tailgate adequately.

In addition, Veolia failed in its inspection regime, which did not systematically review the functionality of the 1m safety limit switch (a designated safety function) on relevant RCVs. Had the fault with the 1m safety limit switch been identified and rectified at Veolia, the poor system of work employed at JFS would have been unable to result in the closure of the tailgate causing the entrapment of the worker.

HSE inspector Rohan Lye said after the hearing: “This tragic incident was entirely preventable.

“It is important for organisations to maintain safety critical devices so they function correctly. Additionally, if a company utilises a system of work which does not rely on the effectiveness of that safety device, but then employs a contractor to work on the machine, there should be an effectively communicated handover so both are aware of any limitations and how the machine could function.

“Veolia’s failure to include the functionality of a manufacturer-stated safety critical device on its RCVs in its maintenance regimes resulted in an inability to relay information to any third party about its presence and condition. Therefore it exposed non-employees to unnecessary risk and ultimately contributed to this appalling loss of life.

“Similarly, JFS’s failure to implement a safe system of work for the maintenance of the RCV meant that any of its employees were exposed to the same risk. The lack of an adequate assessment of the risks of working around RCVs enabled the hazard of the non-functioning switch to materialize in the worst possible manner.

“As a result of the failings on behalf of both duty-holders, Rick Calsen, a young man and father-to-be lost his life whilst going about his work.”

Veolia ES Sheffield Limited of Pentonville Road, London, was found guilty of breaching Regulation 6(2) of the Provision and Use of Work Equipment Regulations 1998 and Section 3(1) of the Health and Safety at Work etc. Act 1974 and was fined £750,000 with £11,981 costs.

John Fowler and Son (Blacksmiths and Welders) Limited, of Bexley Square, Salford, Manchester, was found guilty of breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 and was fined £65,000 with £12,443 costs.

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Body manufacturing firm fined after workers crushed between vehicles

A vehicle body manufacturing company in Stoke on Trent has been fined after two workers were seriously injured when they were crushed between a moving vehicle and stationary vehicles.
North Staffordshire Magistrates’ Court heard that a colleague of the two men was attempting to manoeuvre an 18 tonne vehicle in the work shop of Commercial Body Specialists Limited on 12 January 2015 when two employees were pinned and crushed between the manoeuvring vehicle and two other stationary vehicles. One other employee jumped out of the way.
One worker suffered several fractures to his pelvis and ribs as well as internal bladder and kidney lacerations. The other worker suffered crush injuries to his legs.
An investigation by the Health and Safety Executive (HSE) into the incident found that the company had failed to identify and assess workplace transport risks and had failed to put in place protective measures, safe systems of work and proper instruction and training to ensure employee pedestrian safety during vehicle movement.
Commercial Body Specialists Limited, of High Street, Tunstall, Stoke on Trent, pleaded guilty to breaching Section 2 of the Health and Safety at Work etc Act 1974, and was fined £20,000 and ordered to pay costs of £4,461.

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Company fined after worker is fatally crushed in trench

A company has been fined £2.6 million after an employee was killed when the trench he was working in collapsed on him in Lancashire.

James Sim, a 32-year-old worker, from Barry, South Wales, a sub-contractor working on behalf of Balfour Beatty Utility Solutions Limited. On the 14 April 2010, Mr Sim was working in a trench, laying ducting for new cable for an offshore windfarm that was being built off the coast by Heysham, Lancashire. The trench was dug to a depth of 2.4 metres, without any shoring. Mr Sim was killed when he became trapped in the trench after it collapsed on him.

Balfour Beatty Utility Solutions Limited pleaded guilty at Preston Crown Court today after an investigation by the Health and Safety Executive (HSE).

The Court heard that Balfour Beatty failed to adequately risk assess the works or control the way in which the excavation took place.

HSE inspector Chris Hatton said after the hearing: “The level of this fine should serve as a warning to industry not to ignore health and safety matters.

“Balfour Beatty failed to adequately assess, plan and supervise the work being undertaken. Trench collapses are easy to prevent, and it is disappointing that James’ life was lost in such a tragic way.

“The family has shown great patience and support throughout this investigation which is a credit to both them and James’ memory.”

Balfour Beatty Utility Solutions Limited, of Park Square Newton, Chambers Road, Chapeltown, Sheffield pleaded guilty of breaching Section 3(1) of the Health and Safety at Work etc. Act 1974, Regulation 31(1) of the Construction (Design and Management) Regulations 2007 and Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999 and was fined £2.6million with £54,000 costs.

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Young apprentice loses finger on rotary press

The owner of a business that manufactures specialist adhesive tape for industrial applications has been fined after a young apprentice lost his finger on a rotary die press.

Nuneaton Magistrates’ Court heard how the 16-year-old apprentice was adjusting guides on a laminating head which is part of a rotary die press. Whilst making the adjustment he tripped, put his hands forward and his index finger got caught in the drive gear at the rear of the laminating unit. His finger needed to be amputated as a result.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 9 September 2014 found that the machine did not have appropriate measures, namely guards, in place to prevent access to dangerous parts of the rotary press.

James Fussell (trading as Tecman Speciality Materials), of Berrington Road, Leamington Spa, Warwickshire, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and was fined £6,000 with £1,754 costs.

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Man sentenced after worker is fatally crushed in a trench

A self-employed contractor has been sentenced after an employee was killed when the trench he was working in collapsed on him.

Swansea Magistrates’ Court heard how William Ryan Evans was contracted to construct a drainage field comprising of infiltration pipes laid at the bottom of deep trenches. He employed two workers and a subcontractor excavator to undertake the work at Longstone Farm, in Pembrokeshire.

Hywel Glyndwr Richards, aged 54, entered the trench to remove a clump of soil that had fallen into the trench when it collapsed, burying him. He died at the scene.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 26 June 2012 found that the work was not planned appropriately and the risk assessment was not suitable or sufficient. The workers were not appropriately trained and suitable equipment to a prevent collapse were not provided.

At Swansea Crown Court on Monday 11 April, William Ryan Evans, of Blaenwaun Twr, Trelech, Carmarthenshire was found guilty of breaching Section 2 of the Health and Safety at Work etc Act 1974 and was given a six month custodial sentence.

HSE Inspector Phil Nicolle said: “This tragic incident could have been prevented by undertaking a suitable and sufficient assessment of the risks, providing the correct equipment or safe working methods to the workers and managing and monitoring the work to ensure it was done safely.

“Work in excavations needs to be properly planned, managed and monitored to ensure no one enters an excavation deeper than 1.2m without adequate controls in place to prevent a collapse.”

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Worker suffers chemical burns at electropolishing company

An electropolishing company based in Hampshire has been fined after a worker suffered chemical burns.

Basingstoke Magistrates’ Court heard how Keith Brown, a 51-year-old worker at Poligrat (UK) Limited was told by his manager to dispose of some waste cleaning chemicals at their Aldershot site. The method agreed was to pour caustic pearl granules into the top of an intermediate bulk container (IBC) containing acids to help neutralise the chemicals inside.

It was during this process that an exothermic reaction occurred, the container became unstable and erupted over the worker, throwing him to the ground.

His glasses were blown off and he suffered alkaline burns to his eyelids and ulcers to both corneas, including grazing and burns to his legs.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 13 February 2015 found that the activity and substances used in the process were not suitably or sufficiently risk assessed.

After the hearing, HSE inspector Andrew Johnson said: “The use of an IBC as a reaction vessel was wholly inappropriate. IBC’s are designed for the storage of a range of substances. They are not designed for use as a chemical reactor. Other safer reasonably practicable options were available, such as using a waste management company to remove and safely dispose of the chemicals.”

Poligrat (UK) Limited, of Waverley Lane, Farnham, Surrey, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974, and Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999, and was fined £8,000 and ordered to pay costs of £1,072.

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