Ship repair company fined £85,000 after crane platform crush fatality

Date:

12 November 2009

Release No:

WW568/SWW/09

The Health and Safety Executive (HSE) highlighted the importance of having sufficient information, training and supervision for lifting operations, following a successful prosecution of a Cornwall ship repair company.

This alert comes after A & P Falmouth Limited, C/O A & P Tyne Limited, Wagonway Road, Heburn, Tyne & Wear, was charged with Health and Safety breaches following the death of employee (Reginald) John Datson on 8 August 2006 from crush injuries sustained during lifting operations at Falmouth Docks, Cornwall.

The company was charged with breaches under Section 2 (1) of the Health and Safety at Work (HSWA) etc. Act 1974 and regulation 8 (1) of the Lifting Operations and Lifting Equipment Regulations 1998. A & P Falmouth Limited was fined £85,000 for the Section 2 charge with no separate penalty for the regulation charge and ordered to pay costs of £21,500 at Truro Crown Court today (12 November 2009).

The fatal incident occurred when employee John Datson (51), who was a painter, was engaged in moving a mobile elevated work platform by crane towards a ship. The platform was suspended by chains from a crane and Mr Datson and colleagues were on the dockside, helping the crane driver to guide the platform towards the ship. The platform got stuck on the base of the crane and Mr Datson and a colleague had to free the platform. Tragically, the platform then swung back, striking Mr Datson who was standing between the platform and the base of the crane. He died of his injuries on site.

A&P Falmouth Limited pleaded guilty to failing to introduce a safe system of work, especially with regard to the provision of sufficient information, instruction, training and supervision for employees using lifting equipment.

Speaking after the hearing, HSE Inspector, Barry Trudgian, said:

"The ship repair industry is particularly hazardous and requires the implementation of robust safety systems. This includes adequate training for anyone involved in lifting operations using cranes, which are common in ship repair yards. A&P Falmouth Limited had experienced previous unsafe incidents with cranes and had undertaken some training but crucially had not excluded untrained employees from lifting.

"After this tragic accident 40 people were excluded from lifting until the appropriate training had been given. If Mr Datson had received the proper training and or had been appropriately supervised, it is unlikely that this terrible tragedy would have happened."

Notes to editors

1. A & P Falmouth Limited pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc. Act 1974, in that: 'it failed to ensure, so far as was reasonably practicable, the health, safety and welfare at work of its employees, including Reginald John Datson, and in particular that it failed to provide a safe system of work and sufficient information, instruction, training and supervision for lifting operations...'
2. A & P Falmouth Limited pleaded guilty to breaching Regulation 8 (1) of the Lifting Operations and Lifting Equipment Regulations 1998, in that: 'it failed to ensure that the lifting of a Grove manlift was properly planned by a competent person and carried out in a safe manner...'
3. Further guidance and advice on health and safety issues relating to lifting operations can be found on the HSE website at: http://www.hse.gov.uk/pubns/books/l113

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Issued on behalf of the Health and Safety Executive by COI News and PR South West