Stoke trailer firm in court over serious crush injuries

Date:

12 September 2012

Release No:

HSE/M/128/12

A Stoke firm, which designs and manufactures trailers for commercial vehicles, has been sentenced after a worker was seriously injured when he was crushed underneath a lorry when the tuck-away tail-lift closed on him.

Mark Dimmock, 28, from Stoke-on-Trent, had only been working for Don-Bur (Bodies & Trailers) Ltd for one week at the company's site on Mossfield Road, when the incident happened on 28 June last year.

He suffered internal bleeding, two crushed vertebrae and had to undergo surgery to remove part of his bowel.

The company was prosecuted by the Health and Safety Executive (HSE) after an investigation found it had failed to formally plan the work, undertake a risk assessment, ensure suitable systems of work were in place or provide suitable training or instructions.

Stafford Magistrates' Court heard today (12 September) that the agency worker had been working underneath the lorry to fit a tuck-away style tail-lift, used to raise heavy items onto the trailer.

The court was told that, due to a mistake in the wiring, the lift had been directly connected to the vehicle's motor. This meant that when other employees turned on a portable power supply to fit electrical components to the vehicle, the lift began to close in on the worker.

Mr Dimmock has been able to return to work on short temporary contracts following the incident but can only perform light duties.

He is struggling to go back to his normal job as a fitter in the oil refinery business, due to the work being physically demanding, and is always likely to suffer some degree of pain and difficulty with his back.

Don-Bur (Bodies & Trailers) Ltd, of Mossfield Road, Stoke-on-Trent, pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of workers. The company was fined £14,000 and ordered to pay costs of £4,233.

After the hearing, HSE inspector Lyn Mizen said:

"The dangers of moving machinery are well known and this case illustrates the serious consequences of failing to suitably manage and control the risks in the workplace.

"Mark suffered an horrific experience and life-changing injuries, the results of which will stay with him forever.

"The company had failed to complete a suitable and sufficient risk assessment for this work activity. This would have identified the need for simple procedural safeguards and systems of work to protect their workers. In short, this incident could easily have been avoided."

HSE statistics show that, in 2010/11, eight UK workers were killed as a result of incidents involving contact with moving machinery, and more than 1,000 others were seriously injured. Visit www.hse.gov.uk for further information.

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. Section 2(1) of the Health and Safety at Work etc. Act 1974 states: It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.
3. Section 3(1) of the Health and Safety at Work etc. Act 1974 states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risk to their health & safety."

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