Banksman crushed by a 22.5 tonne shovel loader

A waste management company pleaded guilty to causing a life changing injury to one of its employees.

Folkestone Magistrates’ Court heard that, on 27 February 2017, an employee of Viridor Waste Management Limited was crushed by a reversing 22.5 tonne shovel loader driven by an on-site contractor at Viridor’s Crayford Materials Recycling Facility site in Crayford. The injured employee was working on foot in the area in his role as banksman, assisting a lorry to manoeuvre into a bay while a shovel loader reversed out of the bay independently, knocking him to the ground and driving over the lower half of his body. He suffered very serious internal injuries and multiple serious fractures, both with significant life changing effects.

An investigation by the Health and Safety Executive (HSE) found that Viridor Waste Management Limited failed to organise the workplace in such a way that pedestrians and vehicles could circulate in a safe manner. This prosecution is the fourth in 4 years for this company, two of which related to fatal incidents.

Viridor Waste Management Limited of Crayford Creek, Dartford, was found in breach of Regulation 4(1) of the Workplace (Health, Safety and Welfare) Regulations 1992 by virtue of Regulation 17(1). The company was fined £400,000.

Speaking after the case HSE inspector Megan Carr said “This incident is a reminder to the waste and recycling industry as to the importance of good workplace transport control which can often be achieved by simple pragmatic steps to avoid such incidents from occurring. HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

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A man who killed a recovery worker while he was repairing a broken-down vehicle has been jailed for 12 months.

Gary Kupinskyj was found guilty of causing the death by careless driving after David Stokes of Derby died at the scene of the crash on the A617 in Nottinghamshire on 15 June 2018.

The sentencing judge said Kupinskyj may have been distracted by an upcoming race he had gambled on.

Judge Stuart Rafferty QC said: “Some, part, or all of your attention was fixed on that and not on your driving..

“You perhaps zoned out of the drive to some extent.”

Nottingham Crown Court had heard how the 33-year-old father-of-three was fixing a van in a lane on the dual carriageway near Rainworth when he was hit by Kupinskyj.

“Died doing a job he loved”

Following sentencing, Mr Stokes’s family said he had “died doing a job he loved” and was a “true family man”.

His uncle Neil Stokes said the sentence “should have been a lot harsher”.

Mr Stokes’s, Natira Clarke said: “The only time he’s (Kupinskyj) ever shown remorse was when they found him guilty, and that was for himself.”

Kupinskyj, who was cleared of the more serious charge of causing death by dangerous driving, was disqualified from driving for two years.

A spokesman for the RAC said: “The loss of our colleague David in the line of duty was utterly tragic for his family as well as being a terrible blow to all his colleagues.

“Our thoughts continue to be with David’s family.”

A car retailer operating across the South East of England has been fined after a car bodywork sprayer developed occupational asthma.

West Hampshire Magistrates’ Court heard that, between October 2011 and March 2018, an employee of Harwoods Limited at Audi Southampton had been spraying using paints that contained isocyanates without adequate controls measures in place. Isocyanates are classed as substances hazardous to health, exposure to which can lead to the development of asthma which can have serious life-changing effects.

An investigation by the Health and Safety Executive (HSE) found the company had failed to ensure adequate control measures were in place to minimise exposure to paints containing isocyanates, therefore exposing the employee to the risk of asthma.

Harwoods Limited of Liverpool Gardens, Worthing pleaded guilty to breaching Regulation 7(1) of The Control of Substances Hazardous to Health Regulations 2002 and have been fined £120,000 and ordered to pay costs of £2,657.55.

Speaking after the hearing, HSE inspector Nicola Pinckney said: “This serious health condition could so easily have been avoided by simply implementing correct control measures and appropriate working practices.

“Controlling employee exposure to hazardous substances is a legal requirement on employers and HSE provides guidance on how control can be achieved.

“Appropriate controls could include use of a spray booth to carry out the paint spraying, use of a suitable air-fed respirator, checks to ensure equipment was adequately maintained and training provided to ensure the employee knew the risks and how to control them.”

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A packaging company has been fined after an employee was struck by a reversing forklift truck.

Reading Magistrates’ Court heard that on 9 August 2018 an employee, Arthur Weston, working at Boxes and Packaging (Oxford) Limited in Long Crendon, was struck by a reversing forklift truck when he bent down to pick up a broken piece of wood.

An investigation by the Health and Safety Executive (HSE) found there was inadequate separation of fork lift trucks and pedestrians within the workspace. The unit where the Mr Weston worked was in an unsuitable area right next to the traffic route.

Boxes and Packaging (Oxford) Limited of Drakes Drive, Long Crendon was found guilty of breaching Regulations 4 (1) and 17 (1) of Workplace (Health, Safety and Welfare) Regulations 1992. The company has been fined £10,000.00 and ordered to pay costs of £2,560.00.

Speaking after the hearing inspector, Stephen Faulkner, said: “The Company failed to undertake a number of simple safety measures including segregation of reversing vehicles, from employees.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.

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South Wales Police has been fined after an employee received an electric shock whilst installing computer data cables.

Cardiff Magistrates’ Court heard that on the 16 October 2015, at Bridgend Police Station, Brackla Street, a 48-year-old civilian employee sustained damage to his heart muscles when he came into contact with an exposed end of a live 3-core electrical cable which had been left in a ceiling void.

An investigation by the Health and Safety Executive (HSE) found the Force had failed to ensure the electrical system was safe and that the ceiling void was a safe place of work.

South Wales Police Headquarters, Bridgend was found guilty of breaching Section 2 (2) of the Health and Safety at Work etc Act 1974, was fined £64,000 and ordered to pay £29,449.14 in costs.

Speaking after the hearing, Neil Craig HSE’s head of operations commented: “This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.

“Police forces have the same duties under health and safety legislation as any other employer. It was appropriate for HSE to bring this matter before the courts given the avoidable, life-changing injuries suffered by their employee.”

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An inspection of all vehicle lifts in Northern Ireland’s MOT centres has detected “signs of cracking” in 48 of the 55 lifts, the BBC has reported.

The inspection results were revealed in an internal letter from the Driver and Vehicle Agency (DVA) to its staff and indicated that signs of cracking on lifts were first discovered during an inspection of Larne MOT centre in November 2019.

The letter adds the safety of staff and customers “is of the utmost importance” and lift repairs have already begun.

The discovery of cracking on two scissor lifts in Larne late last year led to an in-depth inspection of all of Northern Ireland’s MOT centres.

The inspections were carried out by the company which supplied the lifts, which is also responsible for the maintenance and regular examination of the equipment.

The firm reported the inspection results to the DVA on 15 January, which revealed signs of cracking in 48 vehicle lifts, or 87 per cent of all the lifts in operation.

Remedial repairs

The supplier has designed a “remedial repair” for the affected lifts and this work is already under way.

It added that an insurance inspector will be conducting further checks on the lifts when the repairs have been carried out.

The issue lead to the cancellation of MOTs this week but vehicle owners are being told to attend scheduled tests, unless contacted by the DVA.

Cancellations

However, several motorists who travelled to MOT centres on Thursday, only to be told that their test was cancelled, have questioned why they were not informed in advance.

In a statement on Thursday evening, the Department for Infrastructure said the DVA “is continuing to carry out checks on vehicle lifts in its MOT test centres, following the identification of faults”.

“This is precautionary and to ensure the safety of staff and customers.

“Some checks and repairs have been completed and it is anticipated that remaining inspections will be completed tomorrow [Friday] and any necessary repairs will be carried out as soon as possible.”

“As and when test centres have been inspected and any necessary repairs completed, they will immediately become operational.

“Boucher Road, Cookstown and Newbuildings test centres are now fully operational and all MOT tests are being carried out.”

The department said a number of test centres will open on Sunday to provide additional tests.

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A Carlisle auto-salvage company was fined after a customer was trapped and fatally crushed when a lift truck he had purchased was being loaded onto his own recovery vehicle.

Carlisle Crown Court heard that on 15 February 2018, a lift truck purchased from Michael Douglas Autosalvage Ltd was lifted using the company’s skip lorry onto a recovery vehicle at Stainton Road, Etterby. The metal ring on the lift truck that the winch wire was attached to failed, causing the lift truck to fall and trap Mr Paul Spence against the skip lorry.

An investigation by the Health and Safety Executive (HSE) found that the company had failed to ensure that this complex lifting process was properly planned by a competent person and that it had failed in its duty not to expose customers to risk. A competent person would have identified that this loading method with this equipment was fundamentally unsafe.

The Company Michael Douglas Autosalvage Ltd of Stainton Rd, Etterby, Carlisle pleaded guilty to a breach of Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £23,000 and ordered to pay costs of £8,000.

Sandra Spence, Mr Spence’s widow said:

“Paul was taken too early, in a tragic way, and didn’t deserve his life to end this way. There is a big empty hole in my heart, he was a very loving husband and father. Paul always had a smile on his face and lived for his family.”

Speaking after the hearing, HSE inspector Matthew Tinsley commented:

“This incident could so easily have been avoided should the lift have been properly planned and appropriate equipment and safe working practices been employed as a result.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

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Its great to be working alongside the incredibly busy & popular 777 Motors in Lichfield. This garage does not stand still are are always finding a way to improve in every aspect of the business. The guys from Moldova are incredibly friendly and have a wicked sense of houmour as you can see by their two number plates FBI 2 KGB and FBI 4 KGB. Keep up the good work.

Really happy to be working alongside the incredibly busy & popular Malmesbury Park Auto Centre in Bournemouth. I have to say that Dave & Chris are probably the nicest people in the motor trade and its great that more and more smaller garages like these are now embracing health and safety.