Two companies were fined a total of £815,000 after a worker and father-to-be were crushed to death in Lancashire by a refuse collection vehicle.
Veolia ES Sheffield Limited (Veolia) and John Fowler and Son (Blacksmiths and Welders) Limited (JFS) both pleaded guilty and were sentenced to safety failings after an investigation by the Health and Safety Executive (HSE).
During a refurbishment task at JFS, Rick Calsen was fatally crushed to death when an operative using the controls within the RCV's cab closed the tailgate on him. The RCV was supplied with in-cab controls for raising and lowering the tailgate, and the system was designed such that it should not have been possible to completely close the tailgate using the in-cab controls, with a minimum gap of 1m being left between the bottom edges of the body and the tailgate. Examinations were undertook to reveal a fault with the safety limit switch, where the switch was found to be jammed in the actuated position resulting in it being possible to completely close the tailgate using the in-cab controls.
An investigation carried out by the HSE discovered that the fatal injury occurred due to a poor system of work at JFS, derived from a lack of a suitable and sufficient assessment of the risks, including failure to prop the tailgate adequately.
Veolia also failed in its inspection regime, which did not systematically review the functionality of the 1m safety limit switch on relevant RCV's. Had the fault with the 1m safety limit switch been identified and rectified at veolia, the poor system of work employed at JFS would have been unable to result in the closure of the tailgate causing the entrapment of the worker.
HSE inspector Rohan Lye said after the hearing: "This tragic incident was entirely preventable. It is important for organisations to maintain safety critical devices so they function correctly. Additionally, if a company utilises a system of work which does not rely on the effectiveness of that safety device, but then employs a contractor to work on the machine, there should be an effectively communicated handover so both are aware of any limitations and how the machine could function. Veolia's failure to include the functionality of a manufacturer-stated safety critical device on its RCVs in its maintenance regimes resulted in an inability to relay information to any third party about its presence and condition. Therefore, it exposed non employees to unnecessary risk and ultimately contributed to this appalling loss of life. Similarly, JFS's failure to implement a safe system of work for the maintenance of the RCV meant that any of its employees were exposed to the same risk. The lack of an adequate assessment of the risks of working around RCVs enabled the hazard of the non-functioning switch to materialise in the worst possible manner. As a result of the failings on behalf of both duty-holders, Rick Calsen, a young man and father-to-be lost his life whilst going about his work."
Veolia ES Sheffield Limited pleaded guilty of breaching the Provision and Use of Work Equipment Regulations SI 1998/2306 and the Health and Safety at Work etc Act 1974. They were also fined £750,000, and ordered to pay £11,981 in costs.
John Fowler and Son (Blacksmiths and Welders) Limited pleaded guilty of breaching the Health and Safety at Work etc Act 1974, were fined £65,000 and were ordered to pay £12,443 in costs.
