Health and Safety Failings – Construction contractor fined after workers injured at a wildlife park

Construction contractor fined after workers injured at a wildlife park

Key Facts: 

• Two workers were injured at a wildlife park after their basket fell from the forks of a tele handler.
• The construction contractor was charged with breaching the Health and Safety at Work etc Act 1974 after failing to properly manage the safety of workers on the site.
• He was fined £2000 plus costs of £1002.80.

The case: 

A Pembrokeshire construction contractor was charged with breaching the Health and Safety at Work etc Act 1974 after he and another worker were injured at a wildlife park.

Works were being undertaken to erect a geodesic dome at the wildlife park where the two men worked when the incident happened. The basket the two men were working on fell from the forks of a tele handler as it was being lowered to the ground. One worker was knocked unconscious whilst the other was left with serious injuries to his ankle and foot.

The subsequent HSE investigation found that the contractor who was in control of the work had no training in managing health and safety on a construction site. He had no experience in using a telehandler and man basket before and was unaware of the proper guidance for safe practice. The risks of using a telehandler had not been assessed, and an the driver operating it had received no training.

The case was heard at Haverford West Magistrates Court on 21 April 2015, where the construction contractor pleaded guilty to charges of breaching Section 3 (2) of the Health and Safety at Work etc Act 1974.

He was consequently fined £2000 and ordered to pay costs of £1002.80.

What the HSE Inspector had to say: 

Speaking after the hearing the HSE Inspector Phil Nicolle stated that:

“This incident was entirely foreseeable and could have been prevented. If Richard Lynch had planned and managed the task properly and identified the risks, he would have been able to ensure suitable equipment was used, and safe procedures implemented”

What the law states: 

Regulation 3(2) of the Health and Safety at Work etc Act 1974 states:

It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.

Further information from the HSE on safe work with tele tele-handlers can be found here >>

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