Prosecutions

On 26 August 2009, the worker was standing in between two skips at a recycling centre run by the company when a shovel loader weighing more than 18 tonnes hit one of the skips, pushing it towards the other and crushing the worker between them.

The worker screamed for help but the driver of the shovel loader did not hear him at first and carried on driving. When he realised that the worker was injured, the driver tried to lift one of the skips away from the worker but it took two attempts before he managed to do so.

The worker was taken to Ayr Hospital by ambulance. He was treated for a broken pelvis and other severe, life-changing injuries. He continues to have difficulty in walking.

A Health and Safety Executive (HSE) investigation found that the company had not properly risk assessed traffic management at their site in Ayr and had not provided and maintained a safe system of work in that there were no barriers or road markings to separate pedestrian workers from the shovel loader or other vehicles on site. The investigation also found that the shovel loader was too big for the area where it was operating, and that the drivers had never been formally trained, were not supervised, and had been given no training at all on health and safety issues.

The one portable toilet on site was found to be unhygienic with no running water. Several of the employees told HSE inspectors that the toilet was so filthy they preferred to urinate in the yard, and this was a practice accepted by management. It was this situation that led to Mr Graham being in between the skips.

A HSE Inspector commented: "The worker suffered horrendous injuries that will affect him for the rest of his life - but this incident was entirely avoidable.
"If the company had taken simple steps to protect their staff, carrying out a proper risk assessment and taking measures to separate employees from the heavy vehicles that operated on site, this would not have happened.

"And if the company had shown basic consideration for the welfare of their employees by providing a toilet that was fit to use, the worker would not have been left in such a vulnerable position."

At Ayr Sheriff Court the company pleaded guilty to breaching Section 2 of the Health and Safety at Work Etc Act 1974. They were fined £80,000.