Three companies fined after man suffers serious leg injuries

Date:

9 November 2010

Release No:

COISE/0911

Three companies have been fined a total of £24,500 after an electrician suffered serious leg injuries when he became trapped under a prefabricated wall.

Portsmouth Crown Court heard how Martin Cox, 28, from Hayling Island was injured after becoming trapped under the wall which he and six other men were attempting to lift.

The Health and Safety Executive (HSE) prosecuted the firms over the incident that happened on the BAE Systems plc site in Broad Oak, Portsmouth on 20 August 2008.

Principal contractor Emcor Facilities Services Ltd and the subcontractor, BS Interiors (South) Ltd. had taken a decision to erect the 10.4 metre long, 2.8 metre high wall, flat on the floor due to the design of the building.

Once completed, seven workers including Emcor employee Mr Cox attempted to manually lift the 1,136 kilogram timber, fibreboard and metal mesh structure into place. When the lift was aborted, Mr Cox was left trapped beneath the wall suffering dislocated ankles and fractures to his left foot.

He was hospitalised for two weeks and afterwards used a wheelchair for a year and underwent intensive physiotherapy. Two years after the accident he is not able to work full-time and still suffers pain and disability.

BAE Systems Ltd took on the role of Construction Design and Management co-ordinator, which meant they had to ensure that the design could be built without risks to the health and safety of those doing the building work. They failed to carry out any such checks.

There were also issues with the planning of the operation and manual handling of the wall that were not identified by Emcor Facilities Services Ltd.

HM Specialist Inspector in Occupational Health, Anne Bartlett said:

"This case illustrates the importance of identifying hazards at the planning stage. This is the key aim of the Construction, Design and Management Regulations 2007.

"If a proper risk assessment had been carried out, those involved would have realise that manual handing of the wall would have created a real and obvious risk to those present. It defies common sense and was extremely foolhardy.

"As a result for this failure Mr Cox sustained serious injuries that will affect him for the rest of his life, but which could so easily have been avoided."

BAE Systems Properties Ltd, of Warwick House, Farnborough Aerospace Centre, Farnborough, Hampshire, pleaded guilty to breaching Regulation 20(2)(c) of the Construction (Design and Management Regulations) 2007 (by virtue of Regulation 14(1) of the Construction (Design and Management Regulations 2007) and was fined £8,000 with costs of £6,110

Emcor Facilities Services Ltd, of Birdhall Lane, Stockport, Cheshire, pleaded guilty to breaching Regulation 22(1)(a) of the Construction (Design and Management) Regulations 2007. The company was fined £15,000 and ordered to pay costs of £6,110.

BS Interiors (South) Ltd, of Cardiff Road, Portsmouth, pleaded guilty to breaching Regulation 4 of the Manual Handling (Operations) Regulations 1992. The company was fined £1,500 with no costs.

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. Regulation 14(1) of the Construction (Design and Management Regulations) 2007 states: "Where a project is notifiable, the client shall appoint a person ("the CDM co-ordinator") to perform the duties specified in regulations 20 and 21 as soon as is practicable after initial design work or other preparation for construction work has begun."
3. Regulation 20(2)(c) of the Construction (Design and Management Regulations) 2007 states: "The CDM co-ordinator shall take all reasonable steps to ensure that designers comply with their duties under Regulations 11 and 18(2)."
4. Regulation 22(1)(a) of the Construction (Design and Management Regulations) 2007 states: "The principal contractor for a project shall:
   1. plan, manage and monitor the construction phase in a way which ensures that, so far as is reasonably practicable, it is carried out without risks to health or safety, including facilitating— (i) co-operation and co-ordination between persons concerned in the project in pursuance of regulations 5 and 6, and; (ii) the application of the general principles of prevention in pursuance of regulation 7."
5. Regulation 4 of the Manual Handling (Operations) Regulations 1992 states: "Each employer shall so far as is reasonably practicable, avoid the need for his employees to undertake any manual handling operations at work which involve a risk of their being injured."

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