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NE/168/08 24 APRIL 2008

Quarry firm and foreman prosecuted after worker became trapped in machinery

The Health and Safety Executive (HSE) is warning those responsible for the health and safety of workers not to neglect their duties following an incident which left a man hospitalised after becoming trapped in machinery.

W&M Thompson (Quarries) Ltd based in Low Prudhoe, Northumberland, and Alan Armstrong, of Ashbourne Drive, Coxhoe, Durham, pleaded guilty to breaches of health and safety following an incident on May 1, 2007 at Bishop Middleham Quarry near Ferryhill, Durham, in which a worker spent six days in hospital with three cracked ribs and bruised lungs after becoming trapped in a rotating, unguarded shaft between a tractor and a water bowser.

Bishop Auckland Magistrates’ court fined W&M Thompson (Quarries) Ltd £3,000 and ordered £1,756 in costs to be paid. Mr Armstrong was fined £1,200 and ordered to pay £500 costs.

HSE Inspector Martin Baillie, who investigated the incident, said: "A guard on the machine had become damaged and was removed by the quarry foreman, Alan Armstrong. Mr Armstrong instructed the worker to operate the tractor and bowser without the guard in place. It later transpired that the risk assessment carried out in 2004 for the tractor and bowser required checks on the guarding to be carried out on a daily basis and for these checks to be recorded. However, at the time of the incident these checks were not being carried out.

"It is reasonable to expect that had the damage to the guarding been identified during earlier checks, the problem would have been rectified prior to this incident.

"The HSE does not take the decision to prosecute individuals lightly. However enforcement action will always be considered where a person at work, particularly one in a position of responsibility, has by their actions endangered the safety of work colleagues."

Notes to editors:

1. W&M Thompson (Quarries) Ltd was charged with contravening regulation 5 (1) of the Provision and Use of Work Equipment Regulations 1998 in that it did not ensure that a piece of work equipment was maintained in an efficient state, in efficient working order and in good repair.

2. Alan Armstrong was charged with breaching Section 7 of the Health & Safety at Work etc Act 1974 in that he did not take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work.

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