HSE WM/544/08 14 March 2008

HSE warns employers to undertake suitable risk assessments after deaths of two workers

The Health and Safety Executive (HSE) is warning employers to ensure that they undertake suitable and sufficient assessments of the risks involved in their undertakings. The warning follows its prosecution of two companies within the JCB group, after two employees, Darren Ellis and Paul McNamara died in separate incidents while undertaking routine tasks.

HSE Inspector Lynne Boulton said: "Both these tragic deaths were not only regrettable but also entirely preventable. Mr Ellis and Mr McNamara have each left behind two children and grieving widows who have our deepest sympathies and our thoughts go with them for their futures.

"All employers must learn from these tragedies that, whatever the task, it is crucial to undertake a suitable risk assessment that deals with the significant risks of that task.

"Even employers with the most responsible attitude to health and safety can put lives at risk if they do not maintain constant vigilance. The importance of appropriate health and safety procedures cannot be overstated."

HSE brought the two cases against JCB Earthmovers Ltd and JC Bamford Excavators Ltd before Stafford Crown Court on 14th March 2008. Both companies had pleaded guilty to charges at earlier court hearings.

JCB Earthmovers Ltd was fined £200,000 and ordered to pay costs of £31,366 for breaching section 2(1) of the Health and Safety etc Act 1974 following the death of Mr Ellis, aged 33, at its manufacturing plant in Cheadle, Staffordshire on 16th  November 2005.

Welder Mr Ellis was testing the fuel tank of an earthmoving machine for leaks. Investigations revealed that Mr Ellis was standing close to the tank when the inspection plate blew off, causing him fatal head injuries, after he connected a high-pressure airline instead of using low pressure.  At an earlier hearing, Magistrates heard that the low and high-pressure airlines were similar and with identical connectors.  The Court also heard that Mr Ellis did not have enough training for the job.

JC Bamford Excavators Ltd, was fined £266,000 and ordered to pay costs of £31,701 for breaching section 2(1) Health and Safety at Work etc Act 1974 following the death of Mr McNamara, aged 43, on the company’s site at Rocester, Staffordshire on 11th September 2006.

Mr McNamara suffered fatal head injuries after being crushed by the boom of an excavating machine (known as a backhoe loader). HSE’s investigation revealed that it was common practice for workers to operate the controls for the boom whilst standing outside the cab of the machine and leaning through the back window. A fault on the hydraulic system resulted in the control lever not working properly causing the boom to carry on moving, trapping Mr McNamara and inflicting fatal injuries.

Notes to editors:

1. Section 2 (1) of the Health and Safety at Work etc Act 1974 says: "It shall be the duty of every employer to ensure, so far as reasonably practicable, the health, safety and welfare at work of all his employees."
2. Further information on risk assessment and construction can be found at HSE’s website at http://www.hse.gov.uk/risk/fivesteps.htm, and http://www.hse.gov.uk/construction/index.htm
3. HSE Inspectors will be available for interview after the case contact Ray Prichard @ GNN on 0121 352 5508

Public enquiries:

Call HSE's InfoLine, Tel: 08701 545500,
or write to: HSE InfoLine, Caerphilly Business Park, Caerphilly CF83 3GG.

Press enquiries (Journalists only):

Ray Prichard, Tel: 0121 352 5508 or Bob Wade on 0121 352 5525

HSE information and press releases can be accessed on the Internet: http://www.hse.gov.uk

Issued on behalf of the HSE by Government News Network.