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HEALTH & SAFETY 34 Summer 2022 Pudsey-based J Murphy Aggregates Ltd, sole director Shaun Murphy and agency employee James Duggan have been sentenced at Leeds Crown Court for safety breaches involving excavators, that led to serious worker injuries. York Crown Court previously heard that, in March 2018, J Murphy Aggregates Ltd was engaged in waste management/collection of tarmac, brick rubble and broken concrete. James Duggan was initially employed as a crusher machine operator via an employment agency and held a Construction Plant Competence Scheme (CPCS) card but was then employed directly by Shaun Murphy to operate a tracked excavator without holding formal qualifications. He was using the excavator to “munch” a stockpile when the ground below collapsed, tumbled down the stockpile and led to a worker on a crushing machine being catapulted off. The worker suffered multiple leg fractures, a dislocated kneecap, pelvis and hip fractures, two punctured lungs, and a skull fracture. He also required 10 head stitches. He remained in hospital for a year, during which time his right hip was removed, leaving his right leg significantly shorter than his left. J Murphy Aggregates Ltd pleaded guilty to breaching Section 2 (1) and Section 3 (1) of the Health & Safety at Work etc Act 1974 and was fined £70,000. Shaun Murphy pleaded guilty to breaching Section 2 (1) and Section 3 (1) by virtue of section 37(1) of the Health & Safety at Work etc Act 1974. He was sentenced to an eight-month custodial sentence, suspended for two years, and 160 hours of community service. He is also required to attend 20 rehabilitation activity requirement days and pay £2,242.50 costs. James Duggan pleaded guilty to breaching Section 7 (a) and Section 3 (2) of the Health & Safety at Work etc Act 1974. He received an eight-month custodial sentence, suspended for two years, and an order to pay £2,242.50 costs. J Murphy Aggregates Ltd was also sentenced for the second incident on December 4th, 2020, when the wagon driver’s tipper vehicle was being loaded with rubbish by a 360 Excavator. He stood watching then approached the side of the wagon to retrieve overhanging rubbish, before walking between the excavator and wagon and standing at the rear of the vehicle near to the right-hand track of the excavator. The excavator tracked forwards, dragging his right leg under and crushing it. His leg was broken and degloved below the knee. A muscle graft subsequently failed in his right ankle and, following other complications, his right leg was amputated below the knee. His left leg has also been left badly scarred and damaged from the skin and muscle grafts taken from it. An investigation by HSE found there was no effective segregation between heavy vehicles and pedestrians in the yard. CCTV footage two weeks prior to the accident showed several occasions where plant machinery almost contacted a pedestrian. J Murphy Aggregates Ltd pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc Act 1974 and was fined £50,000 as well as £8,750 costs. TWO EXCAVATOR INCIDENTS LEAD TO VARIOUS FINES CONSTRUCTION COMPANY PROSECUTED AFTER WORKERS FALL FROMHEIGHT A construction company has been sentenced following an incident where two bricklayers fell from height during the construction of a parapet wall. Manchester Magistrates’ Court heard that two employees suffered serious injuries at a property in Over Alderley, Cheshire when the makeshift platform they were working on collapsed. The two men, along with plywood boards and bricks, fell approximately eight feet to a concrete floor. The first sustained fractured ribs, severe bruising and a large leg wound, the second sustained severe knee bruising. An investigation by HSE found that H Cumberbirch & Sons Limited did not properly plan the work at height, in that the risk assessment and method statement failed to consider how the parapet wall would be constructed and how the risk of falling from height would be prevented. The company failed to ensure that there were suitable measures in place for preventing the employees from falling from height and they were left to work out how best to carry out the work with the equipment available. The work at height was not adequately supervised. H Cumberbirch & Son Limited of Fence Avenue in Macclesfield pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. The company was fined £36,000 and ordered to pay costs of £2,824. Source: HSE