Two firms fined for Telford incident

Date:

29 June 2012

Release No:

HSE/EM/76/12

Two companies have been fined for safety failings after an employee lost three fingers and part of his thumb.

The 37-year-old man, who does not wish to be named, had been working with another employee for O'Neill Concrete Pumping Ltd to pump concrete into a garden in Wrockwardine, Telford, on 27 February 2010.

When the job was finished he went to clean the hopper and lifted the automatic locking hopper grille. As he did, the swinging tube, which is part of the pumping mechanism, moved and trapped his right hand, crushing his fingers. He was taken to hospital and had three fingers and part of his thumb amputated. The employee needed extensive surgery and has been traumatised by his injuries.

During the Health and Safety Executive (HSE) prosecution, Telford Magistrates' Court heard that Transcrete (GB) Ltd supplied the concrete pump to O'Neill Concrete Pumping Ltd. There were defects found with the machine supplied.

Following the incident Prohibition Notices were immediately served on two lorry-mounted concrete pumps owned and used by O'Neill Concrete Pumping Ltd due to the failure of the interlocking system on the hopper.

HSE found that O'Neill had failed to ensure that effective measures were taken to prevent access to dangerous parts of the hopper of the lorry-mounted concrete pump and that Transcrete had failed to ensure that it was designed to be safe when it was being cleaned or maintained.

O'Neill Concrete Pumping Ltd, of Wellington Road, Bilston, West Midlands, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and were fined £3,000 with costs of £2,000.

Transcrete (GB) Ltd, of Pool Lane, Winterley, Sandbach, Cheshire, pleaded guilty to breaching Section 6(1) of the Health and Safety at Work etc Act 1974 for failing to ensure the concrete pump supplied was safe between 1 January 2004 and 31 December 2006. They were fined £4,000 with costs of £2,000.

Speaking after the hearing, HSE Inspector Guy Dale said:

"The employee will see his injuries every day and have to change the way he lives for the rest of his life. A safe, compliant machine and simple safety checks would have meant the incident would never have occurred.

"Both the supplier and user of the machine had a duty to ensure they were safe and that the critical parts were assessed and the appropriate measures were taken."

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. 3. Section 6(1)(a) of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of any person who designs, manufactures, imports or supplies any article for use at work... to ensure, so far as is reasonably practicable, that the article is so designed and constructed that it will be safe and without risks to health at all times when it is being set, used, cleaned or maintained by a person at work.

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