Prosecutions

The Health and Safety Executive (HSE) prosecuted the firm which modifies construction equipment such as excavators and wheeled loaders following the death of an employee who was working on a wheeled loader when the incident took place on 7 March 2008.

The employee was working under the vehicle's arms when the hydraulic system lost pressure. This caused the loading arm to fall, fatally crushing him against the vehicle frame.

Stafford Crown Court heard how the firm had failed to carry out a suitable and sufficient risk assessment, meaning there were insufficient control measures in place to stop the arm falling in the event of a loss of hydraulic pressure.

The HSE investigation also found the firm had given the employee insufficient training with regard to the risks when working with hydraulic machinery. Instead he had picked up knowledge while on the job.

The company pleaded guilty to breaching Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999 and Section 2(1) of the Health and Safety at Work etc Act 1974.

The company was fined £40,000 and ordered to pay £20,000 costs by Stafford Crown Court.

A HSE inspector commented:

"It is a tragedy for the man’s family that his death could have been prevented if the company had taken the time to properly consider the risks.

"When carrying out work under hydraulically-supported loads, it is vital that a thorough risk assessment is carried out beforehand and that suitable control measures are taken to minimise the significant dangers created by this type of work.

"Had the company provided a suitable load tested support device, this would, in conjunction with a safe system of work, have stopped the loading arm falling onto the employee - and prevented his death."