• Total Access Total Access Ethentic Ethentic
    Higher Safety Higher Safety Chipmunk Data Chipmunk Data

    LIFTING OPERATION FATALITY CONFIRMS RISING FINES

    Freight company pays £350,000 following death during unloading glass

    Roadways Container Logistics Limited, of Stourton, West Midlands has pleaded guilty at Leeds Crown Court to a breach of HSW Section 2(1).

    The company has been fined £250,000 and ordered to pay £100,000 in prosecution costs.

    The court heard that on 6 April 2006 admin manager Alan Fletcher, two cargo handlers and a supervisor were present as cases of glass were being unloaded from an open top freight container.

    Mr Fletcher was crushed when he tried to stop the final case (2 tonnes) falling as it was being lifted from the container.

    Inadequate training, assessment and planning

    Evidence was presented showing that Mr Fletcher (aged 59) and his colleagues had not received appropriate training in lifting operations.

    In addition, a suitable risk assessment and formal planning was not carried leading to the case not being properly secured.

    HSE Inspector Morag Irwin said the incident “ highlights the importance of having an effective system in place for managing health and safety generally and specifically when lifting heavy goods, and I hope it serves as a warning to other companies.

    “In this case, the measures in place were grossly inadequate; there was a failure to carry out a risk assessment or formal planning, as well as a lack of training, all of which resulted in the tragic and unnecessary death of an employee that so easily could have been avoided.

    Family statement

    In a rare move HSE has published a statement by Jackie Fletcher, Alan Fletcher’s widow: “It’s four years since my husband lost his life at Roadways Container Logistics, and I’m relieved that today’s verdict finally allows some sentiment of closure. It ends a long, harrowing and incredibly frustrating legal process – a process that was seemingly hindered from day one by delays and bickering from the RCL team. Certain parties seem to have lost sight of why we’re here today. And that’s because a kind, loving man had his life cruelly ended in simply doing his job. That’s what’s important and no amount of punishment or recrimination will ever change that. My only hope now is that lessons have been learned, and that no-one else has to endure the heartache of losing a loved one in this way.” 

    Comment

    This tragic death occurred at the fixed premises of this logistics company. However, there have been a number of fatalities on construction projects during the last 12 months involving the off-loading of materials from vehicles.

    There is  potential for significant harm from poorly managed lifting operations. All lifting operations must to be properly planned, supervised and carried out in a safe manner.

    This case also demonstrates that the courts are implementing the Sentencing Council Guidelines which state that fines in health and safety prosecutions involving a death should start at £100k. 

    This death pre-dates the Corporate Manslaughter Act 2007 under which the fines are expected to start at £500k. 

    Latest Construction Health and Safety News

    HSE ENFORCEMENT WEEKLY UPDATE 18th JULY 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 18th July 2018

    MASSIVE FINE OVER USE OF UNSAFE GAS FITTINGS

    College gas installation contractor exposed after multiple gas leaks

    Read the rest of this article »

    Posted on 17th July 2018

    TEMP WORKS DESIGNED BY MANAGER AND UNCHECKED

    Collapse of platform highlighted failure in temporary works management

    Read the rest of this article »

    Posted on 17th July 2018

    RAISING SAFETY STANDARDS FOR CRANE LIFTING OPS

    Major crane seminar seeks to raise standards and share best practice

    Read the rest of this article »

    Posted on 17th July 2018

    WORKMAN SURVIVES 6m FALL THROUGH ROOFLIGHT

    Unsecured boards provided to cover nearby fragile materials

    Read the rest of this article »

    Posted on 17th July 2018

    MAJOR FACILITIES FIRM FAILED ON FLAT ROOF SAFETY

    Site specific planning lacking and safety standards not monitored

    Read the rest of this article »

    Posted on 17th July 2018

    HSE ALERT: UNAUTHORISED ACCESS TO SCAFFOLDS

    hselogo1Regulator sets out new guidance to protect children and the public

    Read the rest of this article »

    Posted on 17th July 2018

    ASSUMING OTHERS WILL ACT IS NO DEFENCE

    Incomplete edge protection caused 8m fall from roof

    Read the rest of this article »

    Posted on 17th July 2018

    LEADING ROOFING SPECIALIST FOUND WANTING

    Risk to employees and the public after failure to meet required standard

    Read the rest of this article »

    Posted on 17th July 2018

    SCAFFOLDER DEVELOPMENT EMBRACED BY INDUSTRY

    CPD training attracts over 2500 scaffolders during first year of operation

    Read the rest of this article »

    Posted on 11th July 2018

    SECURITY PANELS FELL DESPITE EARLY WARNING

    Firm fined £1/4 million after worker crushed by falling fencing

    Read the rest of this article »

    Posted on 10th July 2018

    VEHICLE STRIKE TRIGGERED FALL OF ROOF TRUSSES

    Manufacturer failed to identify a suitable safe system of work

    Read the rest of this article »

    Posted on 10th July 2018

    INCIDENT: CHILD STRUCK BY FALLING OBJECT

    Wood falling from scaffold triggers arrest of two on construction site

    Read the rest of this article »

    Posted on 10th July 2018

    IGNITION OF THINNERS VAPOUR CLAIMED TWO LIVES

    Refurbishment project director jailed over fatal use of flammable solvent

    Read the rest of this article »

    Posted on 10th July 2018

    HSE LONDON REFURBISHMENT CAMPAIGN FINDINGS

    hselogo1Material breaches of law found at over 50% of London sites visited

    Read the rest of this article »

    Posted on 4th July 2018

    CURFEW AND TAGGING FOR RECALCITRANT SCAFFOLDER

    Suspended jail sentence handed down after unsafe work at height

    Read the rest of this article »

    Posted on 4th July 2018

    CONSTRUCTION SECTOR DEATHS RISE SHARPLY

    HSE report construction worker deaths increase by 27% during 2017/18

    Read the rest of this article »

    Posted on 4th July 2018

    BUILD UK UPDATE KEY CONSTRUCTION H&S ADVICE

    Majors industry body endorses “go to” source of H&S information

    Read the rest of this article »

    Posted on 2nd July 2018

    OXYGEN CYLINDER “FIRED” INTO WORKSHOP

    Violent discharge of gas bottle seriously injured two engineers

    Read the rest of this article »

    Posted on 2nd July 2018

    PRISON SENTENCE OVER FAILURE TO MANAGE RISK

    Sole trader contractor ignored HSE advice once too often

    Read the rest of this article »

    Posted on 2nd July 2018

    DEATH EXPOSED MINIMAL MEWP MAINTENANCE

    Court told about “almost complete” lack of MEWP maintenance

    Read the rest of this article »

    Posted on 21st June 2018

    CONTRACTOR FAILED TO IDENTIFY ASBESTOS PRESENCE

    ACMs disturbed during works and firm failed to take suitable actions

    Read the rest of this article »

    Posted on 21st June 2018

    FALL THROUGH ROOF ON LOCAL COUNCIL BUILDING

    Fragile rooflight fractured when workman ‘misplaced footing’

    Read the rest of this article »

    Posted on 21st June 2018

    YOUNG WORKER POSED SPECIAL RISK TO CONTROL

    Conviction highlights duty to young persons and the vulnerable

    Read the rest of this article »

    Posted on 21st June 2018

    TOWER DEFECTS AND UNSAFE SYSTEM CAUSED DEATH

    Maintenance supervisor fell to his death through roof opening

    Read the rest of this article »

    Posted on 21st June 2018
    Total Access Total Access Ethentic Ethentic
    Higher Safety Higher Safety Chipmunk Data Chipmunk Data