A recycling company has been
fined £200,000 after a 21-year-old employee died from head injuries at its
paper baling site in Tipton.
On the day of the incident, the
employee had been working on his own to load scrap paper onto a conveyor. After
finishing the job, he stopped the loader and raised the safety bar from across
his lap to isolate the machine, before leaning out of the front of the vehicle.
However, the machine failed to isolate, the loader’s arm dropped and crushed
his head against the machine, killing him immediately.
HSE’s investigation found that
the employee had not been formally trained, assessed or supervised in the use
of the vehicle and a self-employed maintenance engineer had also used it over
several months with no training.
It was also found that the loader
had not been maintained in the eight months before the incident. It should have
been serviced at least twice during this time.
HSE inspector David Evans said:
"Mark Bate was a young man
who should have had a long life ahead of him. Instead, he was killed in an
entirely avoidable tragedy.
"Despite knowing his lack of
experience, SITA left him unsupervised to operate the loader. Furthermore, the
vehicle was dangerous because it had not been properly maintained.
"The company’s risk
assessment should have identified these issues but did not cover the use of
this machine.
"Transport at work is one of
the biggest causes of deaths in the workplace, often through insufficient
training or poorly maintained vehicles. There is no excuse for such basic
failings, especially as free advice is available from HSE."
The company was also ordered to
pay costs and reimburse the employees family of funeral expenses.
The tragedy could have been prevented had his employers provided him
with formal training and supervision in respect of the use of the vehicle. Employers
are also legally obliged to make sure that work equipment, including vehicles,
is in good working order. It is important that vehicles are maintained so that
they remain mechanically sound. Preventive maintenance is also needed to help
avoid failures during use. This should be thorough, regular and frequent enough
to meet the manufacturer's guidelines and working practice.
If you or a member of your family has been involved in an accident which
has resulted in you sustaining injury and would like a free and confidential
discussion with one of our specialised Solicitors, please do not hesitate to
contact us on 0800 389 1978 or
visit our website at www.forsterdean.co.uk. You can also follow us on Twitter (@ForsterDeanLtd) and find Forster Dean Solicitors on Facebook
Mofozzul Hussain LLB (Hons) -Office Manager and Personal Injury
Solicitor
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