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Powys County Council fined for safety failings

Date:
5 March 2014

Powys County Council has been prosecuted after an employee was seriously injured at its public services’ depot in Ystradgynlais.

 Llandrindod Wells Magistrates’ Court heard today (5 March) that Andre ‘Dean’ Colamazza, 45, and his colleagues were moving large concrete barriers using a telescopic handler when the incident happened at the Abercraf depot on 12 June 2012.

 An investigation carried out by the Health and Safety Executive (HSE) discovered that after one of the 2.5-tonne, three-metre barriers had been laid on wooden bearers, it toppled over and knocked Mr Colamazza to the ground, crushing his left leg.

 He suffered three fractures and a shattered knee cap and was taken to Morriston Hospital in Swansea, where he remained for five weeks. Mr Colamazza, who is from the local area, has made a partial recovery and has since returned to work at the Council.

 The court was told the incident occurred because the workers moving the barriers were using inappropriate equipment and an unsafe system of work. The investigation found none of the employees asked to move the barriers had been trained to do so and that no risk assessment had been carried out by the Council to determine a safe system of work.

 At the time of the incident Powys County Council owned equipment which was suitable for moving concrete barriers. However, this was kept at the premises of one of the Council’s contractors and the team at the Abercraf depot were unaware of its existence.

Powys County Council of County Hall, Spa Road, Llandrindod Wells, Powys, was fined a total of £24,000 and ordered to pay £13,528 in costs after pleading guilty to two breaches of the Management of Health and Safety at Work Regulations 1999.

 Speaking after the hearing, HSE Inspector Sarah Baldwin-Jones said:

 “There is no excuse for employers failing to safeguard their workers. Had Mr Colamazza and his colleagues been properly trained to safely move the concrete barriers, using the correct equipment, and a proper risk assessment carried out by Powys County Council, this incident would not have occurred and Mr Colamazza would not have been seriously injured.”

 Information on waste management and health and safety in public services is available on the HSE website at

http://www.hse.gov.uk/wasteand http://www.hse.gov.uk/services

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. Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999 states that: “Every employer shall make a suitable and sufficient assessment of (a) the risks to the health and safety of his employees to which they are exposed whilst they are at work; and (b) the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking.
  3. Regulation 13(2) of the Management of Health and Safety at Work Regulations 1999 states that: “Every employer and every self-employed person shall ensure that the employer of any employees from an outside undertaking who are working in his undertaking is provided with comprehensible information on (a) the risks to those employees’ health and safety arising out of or in connection with the conduct by that first-mentioned employer or by that self-employed person of his undertaking; and (b) the measures taken by that first-mentioned employer or by that self-employed person in compliance with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997 in so far as the said requirements and prohibitions relate to those employees.”
  4. HSE news releases are available at

www.hse.gov.uk/press.

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