A site manager and a worker have been fined for safety failings after another worker was struck by a concrete skip at a construction site in South London.
Woolwich Crown Court heard how on 23 February 2012, Ryan Musgrave, 27, suffered a badly broken left leg and fractures to his right ankle and several ribs, when an empty concrete skip (weighing 215kg) became detached from an excavator and fell onto him at the Harris Academy in Welling. He was unable to work for seventeen months.
An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 23 February 2012 found that there was no thorough examination certificate for the shackle on the excavator, and the shackle was defective.
Site manager Christopher Crowley, of Dominion Drive, Collier Row, London, pleaded guilty to breaching Regulation 9(1)( a) of the Lifting Operations and Lifting Equipment Regulations 1998. He was fined £1,000, and ordered to pay costs of £2,500
Self-employed construction worker, Michael Kernan, of CYC Coastal Club, Marine Parade, Sheerness, pleaded guilty to breaching Regulation 8(1) (c) of the Lifting Operations and Lifting Equipment Regulations 1998 and was fined £1,500 and ordered to pay costs of £2,000
Speaking after the case HSE inspector Melvyn Stancliffe said: “Mr Crowley should have taken the shackle on the excavator out of use when he inspected it two days before the incident as he had not seen a thorough examination report for it.
“The law is clear that lifting accessories must not be used unless they have been thoroughly examined in the previous six months and that there is a report available to prove that.
“Mr Kernan, an experienced construction worker, accepted that he did not fully screw in the pin on the shackle as he should have done and as a result it failed.
“Lifting accessories are not complex items but if they are not used properly or are not thoroughly examined periodically then the consequences can be serious. The practice known as ‘backing off’, unwinding the pin by a quarter of a turn, is not safe and shouldn’t be used.
“This case highlights the importance of ensuring simple checks are carried out properly and that equipment is used correctly”.
For further information on lifting equipment visit: http://www.hse.gov.uk/work-equipment-machinery/thorough-examinations-lifting-equipment.htm
Notes to Editors:
- The Health and Safety Executive (HSE) 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
- More about the legislation referred to in this case can be found at: www.legislation.gov.uk/ and guidance at
- HSE news releases are available at http://press.hse.gov.uk