MEL Health and Safety Consultants

Sentenced for Safety Failings after a worker was killed

A Nottinghamshire demolition contractor has been fined £40,000 after a labourer lost an eye when he was hit by a digger bucket on his first day on site.


James Wilson, of Misterton, was working for Bloom Plant Ltd on a demolition site in Worksop in January 2011.


Excavator driver Paul Batty, who was also employed by Bloom Plant, was re-attaching the four tonne excavator bucket to the boom of his machine when it fell and slid down a pile of rubble, landing on Wilson and leaving him with major crush injuries.


Wilson, who was 46 when the incident happened, lost his left eye and part of his scalp.


He also broke his eye socket, cheekbone, jaw, nose, left collarbone, several ribs and his left leg. He also punctured a lung and severed the nerves on his bottom lip.


Wilson was in a coma for two weeks and had to have a tracheotomy to help him breathe. He also needed extensive reconstructive surgery. He is still receiving medical treatment and will continually need to take pain relief.


An HSE investigation found Bloom Plant had no safe systems of work in place and had not given Wilson adequate information, instruction, training or supervision including adequate warnings of the hazards involved when working around plant.


Nottingham Crown Court was told that employees should have been excluded from the area while the bucket was being re-attached and a safety pin used to secure it in place.


Bloom Plant Ltd, of East Markham, Newark, pleaded guilty to a safety breach and was fined £40,000 and ordered to pay costs of £27,500.


After the hearing HSE inspector Kevin Wilson said:


“Mr Wilson suffered appalling injuries and was extremely lucky to survive.


“Bloom Plant Ltd should have provided safe systems of work with better instruction, information, training and supervision, especially as the operations being carried out were known to have serious risks.


“Instead, Mr Wilson was put in a position of grave danger.”

Info Bite 134
November 2013