The recycling company was prosecuted by the Health and Safety Executive (HSE) for failing to operate a safe system of working at its site in Folkestone, Kent.
Maidstone Magistrates Court heard yesterday (April 3) that on February 22, 2010, 19-year-old Daniel Brown was sorting waste at the companys waste transfer and recycling facility at Park Farm Close when a tyre of a 16-tonne shovel ran over his right foot. Mr Brown broke 16 bones in his foot.
The HSE investigation found that there was no system in operation to ensure moving vehicles and pedestrians were segregated. Employees were told verbally to stay clear of manoeuvring vehicles. An Improvement Notice was issued by the HSE at an early stage of the investigation to segregate vehicles and pedestrians.
At the time of the incident it was raining, and the windscreen wipers on the shovel were inoperative. The heater in the cab was broken so the windows tended to steam up, reducing visibility. The shovel also had a broken wing mirror, no reversing lights, no reversing CCTV or convex mirror and wouldnt always go into gear. Moreover, a screwdriver was used to start it and the roof beacon and lights would regularly blow bulbs.
No excuse
Countrystyle of Ashford Road, Lenham in Kent pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc. Act 1974 in relation to the incident. The act states It shall be the duty of every employer to ensure, so far as reasonably practicable, the health, safety and welfare at work of his employees. The firm was fined £10,000 and ordered to pay £6,221 in costs.
Commenting on the prosecution, HSE inspector Stephen Green said: The injured worker was lucky not to be killed as a result of this incident, which could have easily been avoided if the long list of failures with this vehicle and systems had been addressed earlier.
HSE has plenty of helpful guidance that could have been followed, and if the company had implemented a safe system of work, segregating moving vehicles from pedestrians, then a young man wouldnt have broken a bone for every tonne of weight that rolled over his foot 16 in total. There is no excuse for not having a safe system of work in place.
Following the incident Mr Brown has been unable to return to work and has had to give up his possible career in motorcross, having won races at a national level. He still suffers with pain and arthritis in his foot.
In a statement issued after the prosecution, Countrystyle said: “Countrystyle Group accepts responsibility for the incident in which Mr Brown regrettably sustained injuries to his foot. The Group has fully co-operated with the Health & Safety Executive throughout its investigation and it should be stressed that the Company has an impeccable health and safety record with this being its first offence in over 8 years of operation.
“The Group takes health and safety matters seriously and has significantly strengthened its safety procedures in light of this incident.”
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