Cannock firm fined after worker crushed

Published HSE:  April 2011

A Cannock engineering firm has been fined after an employee was crushed to death while working under a plant vehicle.

The Health and Safety Executive (HSE) prosecuted the company following the death of a 46-year-old employee on 7 March 2008.

The company modifies construction equipment such as excavators and wheeled loaders, and the deceased was working on a wheeled loader when the incident took place, working under the vehicle's arms when the hydraulic system lost pressure. This caused the loading arm to fall, fatally crushing him against the vehicle frame.

Stafford Crown Court heard how the company had failed to carry out a suitable and sufficient risk assessment, meaning there were insufficient control measures in place to stop the arm falling in the event of a loss of hydraulic pressure.

The HSE investigation also found the company had given their employee insufficient training with regard to the risks when working with hydraulic machinery. Instead he had picked up knowledge while on the job.

The company pleaded guilty to breaching Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999 and Section 2(1) of the Health and Safety at Work etc Act 1974 and were fined £40,000 and ordered to pay £20,000 costs by Stafford Crown Court.

HSE inspector Wayne Owen said:

"It is a tragedy for the deceased’s family that his death could have been prevented if his employer had taken the time to properly consider the risks.

"When carrying out work under hydraulically-supported loads, it is vital that a thorough risk assessment is carried out beforehand and that suitable control measures are taken to minimise the significant dangers created by this type of work.

"Had the company provided a suitable load tested support device, this would, in conjunction with a safe system of work, have stopped the loading arm falling - and prevented this death."

His widow said:

"He was a fantastic man and we will always miss having him in our lives. Nothing can ever bring him back and we take no comfort from the prosecution of the company he was working for or their guilty plea.

"We are, however, pleased that after nearly three years they have finally decided to accept responsibility for this accident. We hope that lessons can be learned from what happened and that no other family has to go through what we have gone through over the last three years. During this time we have tried to stick together and have been there for each other through some very dark days.

"I hope that we can finally lay my husband to rest and move on with our lives."

Notes to editors

• The Health and Safety Executive (HSE) is Britain's national regulator for workplace health and safety. It aims to reduce death, injury and ill health. It does so through research, information and advice, promoting training, new or revised regulations and codes of practice, and working with local authority partners by inspection, investigation and enforcement.www.hse.gov.uk
• Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999 states: "Every employer shall make a suitable and sufficient assessment of the risks to the health and safety of his employees to which they are exposed whilst they are at work."
• Section 2(1) of the Health and Safety at Work etc. Act 1974 states: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees."

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