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www.hae.org.uk www.eha.org.uk Summer 2022 35 A Lincolnshire based manufacturing company that specialises in lifting and handling equipment has been fined after an employee died after falling with a work platform onto the M25 motorway. Reading Crown Court heard that Rick Jeager-Fozard, an employee of Kimberly Access Limited, was carrying out a routine pre-delivery inspection on a mobile elevating work platform (MEWP) on June 5th, 2013. The MEWP extended to an unsafe angle and resulted in the MEWP falling onto the M25 motorway. Mr Jeager- Fozard was working in the platform of the MEWP, falling with the device. An investigation by the Health and Safety Executive (HSE) found that the device had become unsafe because a miscalibration of its secondary boom angle sensor, which started to extend even though the boom had not been raised to the necessary angle. It was found that the MEWPs secondary boom had raised to an angle around 6-degrees lower than required, the boom then extended beyond its safe working limit and tipped over. The miscalibration occurred through incorrect data being manually manipulated and uploaded onto the machine via a laptop using password protected WebGPI software. The carrying out of warranty repairs on the machine during this period, including granting access to the WebGPI software, fell within the conduct of Genie UK Ltd’s undertaking. Genie UK Limited of The Maltings, Wharf Road, Grantham, Lincolnshire pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974. The company was fined £270,000 and ordered to pay costs of £165,175. Gurmit Properties Limited were fined for safety breaches after a substantial part of a wall at a construction site at Barnsley Road, South Elmsall, collapsed, seriously injuring a child. Leeds Magistrates’ Court heard that, Gurmit Properties Limited (GPL) were the owners of the site at Barnsley Road, South Elmsall. The company had previously received a large delivery of aggregate, which was deposited on land next to the construction site. Officials from the local council attended the site and ordered the materials to be removed. GPL then brought the materials back on to its site, storing them behind the wall. On February 7th, 2018 an eight-year old child was walking with her mother along Harrow Street, adjacent to GPL’s construction site, when she was hit by the collapsing wall. She sustained serious injuries, including crush injuries to her foot which resulted in the amputation of a big toe. An investigation by the Health and Safety Executive (HSE) found that GPL had not assessed the structural integrity of the wall to ensure it was safe to be used as either a secure boundary for the site or as a retaining wall for storing materials. When the materials were stored against the wall it failed and this led directly to the collapse and the injuries to the child. GPL was a client and a contractor within the meaning of Construction (Design and Management) Regulations 2015 and failed in its duty to ensure that the wall was either safe for use as a secure site boundary or as a retaining wall for storing materials. Gurmit Properties Ltd of Albion Street Castleford West Yorkshire pleaded guilty to breaching Section 3 (1) of the Health & Safety at Work etc Act 1974. The company has been fined £22,500 and ordered to pay £11,998.80 in costs. >> FATALITY INVOLVING WORK PLATFORM OVER MOTORWAY CHILD’S TOE AMPUTATED AFTER BEING STRUCK BY WALL COLLAPSE Source: HSE