A director has been given a suspended prison sentence and two firms have been fined after a worker was killed when glass panes fell on top of him while unloading a shipping container from a lorry.
The worker suffered fatal crush injuries when units of glass fell on top of them while unloading materials from a shipping container. The glass fell against their leg, knocking them off the rear of the lorry where they fell to the ground, approximately 17 glass panes fell on top of them from the lorry.
A joint investigation by the Health and Safety Executive (HSE) and West Midlands Police found the unloading was not properly planned, supervised or carried out safely. The defendants failed to assess the risk of workers falling from the lorry and the risk from large and unsecured items falling from the lorry onto workers while unloading.
Inexperienced and vulnerable workers, some of them just 17-years-old, were working in dangerous conditions with no supervision, inadequate equipment and without any planning or risk assessment in place.
The company was appointed as the principal contractor but failed to take action to ensure the safety of the workers. The client had engaged their own contractor to arrange the delivery and unloading of the container full of large and heavy items, including the glass. The principal contractor was on site but failed to do anything to ensure that the unloading operation was properly planned, appropriately supervised or carried out safely.
The managing director watched the glass be unloaded from the lorry but did nothing to ensure systems were in place the protect the workers. There was no consideration of the competence of the contractors being used or the safety of the work.
The company was found guilty of breaching Section 3 (1) of the Health and Safety at Work etc. Act 1974 and Regulation 4 (1) of the Work at Height Regulations 2005. They were fined £100,000 and ordered to pay £55,084.67 in costs at Crown Courts.
The principal contractor was found guilty of breaching Section 3 (1) of the Health and Safety at Work etc. Act 1974 and Regulation 4 (1) of the Work at Height Regulations. They were fined £115,000 and ordered to pay £52,561.96 in costs.
The managing director was found guilty of breaching Section 37 (1) of the Health and Safety at Work etc. Act 1974. They were sentenced to nine months imprisonment, suspended for two years, and ordered to pay £57,171.95 in costs.
HSE inspector said: “This case highlights the importance of engaging competent contractors and making sure that roles and responsibilities are clearly defined. Management arrangements need to be clear between clients, contractors and principal contractors so that health and safety arrangements can be properly planned, coordinated and implemented.
“All parties are required to ensure that safety arrangements are in place and followed. This was a wholly preventable incident which led to the death in tragic circumstances.”
For health and safety advise, please contact MBO Safety Services on 01691 688723 or email us at info@mbo.ltd.
Source of information: HSE: Information about health and safety at work