North Shields firm fined after worker suffers severe fractures

In April, Hartlepool Magistrates’ Court heard a case pertaining to an incident that had occurred in September 2012, when a worker received serious injuries whilst renewing a sewage outfall on a beach in Hartlepool.

The worker, Mr Wilson, has been standing in sea water, using a 4-tonne piling hammer suspended from an excavator, to drive timber piles into the ground. As the hammer was positioned above another pile, the sling it was suspended from broke and hammer fell onto Mr Wilson, resulting in multiple fractures to his vertebra, pelvis and thigh, and muscular injuries to his back, shoulder and knee. Following the incident Mr Wilson spent 11 days in hospital and although he can now walk unaided, his life has been permanently altered. He experiences constant pain and can no longer manage stairs so has had to move to a bungalow and has not been able to return to work.

The Cause of the Accident

The Health and Safety Executive (HSE) investigated the incident and discovered that a smaller piling hammer had initially been planned for this phase of the work which could easily be lifted into position, but when the smaller hammer did not prove effective a larger, more powerful hammer was used.

Although the extra weight of the larger hammer did not present an issue for the excavator, the increased length of the hammer meant it was more difficult to maneuver into position over over some piles. This resulted in a situation that meant the sling was stressed over the sharp edges of the excavator to achieve more height, which the HSE concluded was an unsafe working practice.

This issue with the larger hammer and the stress the sling was put under is what caused the break that resulted in Mr Wilson’s extensive injuries. It could have been avoided if the task had been reassessed when the larger hammer was introduced and a more suitable lifting machine would have been used.

Southbay Civil Engineering Ltd, Mr Wilson’s employer in North Shields, were found guilty of breaching Regulation 8(1)(c) of the Lifting Operations and Lifting Equipment Regulations 1998 as they had neglected to plan, supervise and carry out the lifting operation in a safe manner. They were fined £19,000 and ordered to pay £8,652.45 costs.

Another company, Costain Ltd, who acted as the principal contractor for the project, had also failed in their duty to properly manage and monitor this part of the project which

breached Regulation 22(1)(a) of the Construction (Design and Management) Regulations 2007. They were also fined £19,000 and ordered to pay £14,895.25 costs.

The Importance of Risk Assessments

The HSE inspector involved with the investigation stated that the accident resulting in Mr Wilson’s injuries should not have happened. The work plan should have been changed to reflect the change in situation, but instead the companies involved had allowed an unsafe system of work to evolve. The companies had failed to properly assess the potential risks.

A thorough risk assessment when the project equipment changed would have identified the risk caused by the sling stretching over the bucket of the excavator and and would have allowed the companies involved to alter the plan of work to avoid any potential accidents.

Health and Safety Training Ltd

Here at Health and Safety Training Ltd we provide Risk Assessment training that would have ensured someone involved with the project, a supervisor or manager, had the correct skills and authority to stop work while the and arrange more appropriate lifting equipment. This would have helped to avoid the accident, Mr Wilson’s injuries and the following court case.

To find out how the team at Health and Safety Training Ltd could help your business maintain safe working practices, simply contact us today. We can tailor risk assessment training to suit the requirements of your business and the type of hazards your staff are likely to encounter.