As a consequence of an accident in 2011 which involved a worker falling more than three metres from a ride he was fixing, Merlin Attractions Operations Ltd, operators of Legoland in Berkshire, have been fined £23,200 and ordered to pay £12,115 in costs.
Reading Magistrates court heard how the 42 year old worker was removing damaged parts from the Dragon Coaster ride when he stepped on to a section of the walkway that had been removed and replaced, but not secured in position, causing the man to fall and break his shoulder and several ribs. He was off work for two months, but has since returned.
The Health and Safety Executive (HSE) found that despite the serious injury the man suffered, the work continued in the same way the following day in order to complete the task. A risk assessment by the company stated that harnesses and lanyards should have been used. However, because there were so many workers, the lanyards kept getting tangled up, so the operatives decided against using them.
Immediately following the incident, a new risk assessment was undertaken, which reiterated the instruction for workers to wear their fall-protection equipment, but, again, the team decided not to do so.
After the hearing, HSE Inspector Karen Morris said, "This incident and the injury to the worker were avoidable and show the importance of using safe systems of work when carrying out tasks at height.
It is quite unacceptable that the day after someone was injured in this way, more work is carried out to complete the task, and allowed to continue in the same way with inadequate fall protection or fall prevention measures in place.
The dangers of falls from height are well known, and Merlin Attractions Operations Ltd was placing employees at unnecessary risk."
Inspector Morris added, "Although this decision was made hands-on by the supervisor and the operatives, the senior management team visited the site at least twice on the first day and, again, on the second day. So, there was tacit approval by senior management, who watched them working but didn’t challenge them."
Sentencing Merlin Attractions Operations Ltd, the magistrates identified the failure to learn lessons immediately as an aggravating feature. This was reflected in the penalty, which comprised a £10,000 fine for the initial incident, relating to a breach of the Work at Height Regulations SI 2005/735, plus £13,200 for the same breach of the Regulations, relating to the work carried out on 2 June 2011, even though no incident occurred on that day.
