A haulage distribution company has been fined after a worker suffered serious injuries to his shoulder when a wrought iron gate fell on him.
Kevin Simcox, 60-years-old, was working for Stan Robinson Distribution Ltd in Stafford when the incident occurred on 28 February 2020.
He arrived at the site for his morning shift and was opening the main entrance gate, which weighs between 250 and 350kgs, when the gate fell off its hinges and knocked him to the ground.
He was hit on the head but had a motorbike helmet on at the time, the helmet was crushed and Mr Simcox suffered a fractured vertebrae in his neck and back.
An investigation by the Health and Safety Executive (HSE) found that the top hinge of the gate was loose which resulted in the gate coming free from its locating pin. The company failed to ensure that its employees had a safe means of access and egress to their place of work. Employees had previously raised several concerns with managers regarding difficulties in opening and closing the gate, dating back several years. Stan Robinson Distribution Ltd failed to appropriately address the concerns raised and the incident occurred because of a failure of the gate’s hinge mechanism.
There was an inadequate system in place for identifying, actioning, recording and monitoring health and safety issues. Employees were seemingly unaware of any system to formally record issues, with health and safety issues being reported only verbally.
Stan Robinson Distribution Ltd, of Burlington Drive, Stafford, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Regulations 1974 and have been fined £6,000 and ordered to pay costs of £5,366.60.
After the hearing, HSE inspector Marie Wheeler said: “This case highlights the importance of regular pro-active maintenance and inspection of work equipment, including entrance gates, to ensure equipment does not deteriorate to the extent that it puts people at risk. In this case Stan Robinson (Distribution) Ltd failed to effectively maintain their equipment and it could have easily resulted in a fatal injury.
“This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.
“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
This HSE prosecution was brought by HSE enforcement lawyer Chloe Ward and paralegal officer Helen Hugo.
Notes to Editors:
- The Health and Safety Executive(HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
- More information about the legislationreferred to in this case is available.
- Further details on the latest HSE news releasesis available.
- HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so. The sentencing guidelines for health and safety offences in England and Wales can be found hereand for those in Scotland here.
- Guidance on the use of work equipment can be found here: https://www.hse.gov.uk/work-equipment-machinery/puwer-overview.htm