Construction companies fined after worker crushed

Date:

10 November 2010

Release No:

WM228/10

Two Black Country construction firms have been fined after a worker was severely injured by falling timber.

Neil Anson, a 44 year old self-employed plasterer from Wolverhampton was struck by timber roof trusses being unloaded by a mobile crane from a lorry trailer at a construction site at Foster Avenue, Bilston last year.

The Health and Safety Executive (HSE) prosecuted Kent Road Construction Limited and Mr S K Sharma, trading as Fortmere Construction, both firms of Brierley Hill, following an investigation into the incident.

Wolverhampton Magistrates Court heard that on 10 June 2009, Mr Anson was getting off the trailer when several packs of the roof trusses fell onto him, severely fracturing his right leg, elbow, hand and thumb.

A dozen of the large wooden structures, together weighing some 400kg, pinned Mr Anson to the floor and another, larger, heavier pack also fell towards the stricken man but fortunately the pack hit a road sign that stopped it landing on him.

Kent Road Construction Limited of 76 High Street, Brierley Hill, admitted breaching Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulation 1998.

Mr Shiv Sharma, trading as Fortmere Construction, of Hagley Court North, Waterfront East, Brierley Hill admitted breaching Regulation 14(1) of the Construction (Design and Management) Regulation 2007.

Kent Road Construction Ltd was fined £6,000 and ordered to pay £4,496 costs while Mr Shiv Sharma, trading as Fortmere Construction, was fined £4,000 and ordered to pay £899 costs.

HSE inspector Martin Overstall said:

"Mr Anson received very serious injuries as a result of this incident and had the falling timber hit his head, he would almost certainly have died.

"This case should remind companies managing construction sites and directing cranes to ensure all operators are properly trained and competent to do so. The law also requires companies that hire contractors to make reasonable checks that they are competent to carry out work on a construction site.

"In this case, the contractor failed to plan, supervise and carry out a safe lifting operation. The client company had not appointed a co-ordinator, one of whose roles would have been to advise the client on the competence of the contractor."

Notes to editors

1. The Health and Safety Executive (HSE) is Britain's national regulator for workplace health and safety. It aims to reduce 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.
2. Regulation 14(1) of the Construction (Design and Management) Regulation 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 8(1) of the Lifting Operations and Lifting Equipment Regulations 1998 states: 'Every employer shall ensure that every lifting operation involving lifting equipment is... properly planned by a competent person; appropriately supervised; and carried out in a safe manner'.

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Issued on behalf of the Health and Safety Executive by COI News & PR (West Midlands)