This was one of two recycling-related cases successfully prosecuted by the Health and Safety Executive (HSE) on Friday (December 19), after Birmingham council was also fined over injuries sustained by a worker in March this year.
EMR – barge fatality
Scrap metal giant EMR was sentenced at Warwickshire crown court on Friday (December 19) after pleading guilty to safety failings at the Kingsbury site.
The court heard how William Ward, 56, from Handsworth, Sheffield, was killed when part of a 33-tonne metal barge he was dismantling collapsed on top of him in October 2011.
The married father of two had been working alongside others to cut and dismantle two large steel barges using oxy-actylene torches – and had moved inside the unsupported structure after cutting through the outer skin of the barge’s hull when the side collapsed in on him.
Mr Ward sustained catastrophic crush injuries in the incident and died at the scene.
An investigation by HSE identified ‘serious flaws’ with the method of work employed to dismantle the barges, ruling that EMR had failed to ensure burning contractors on site were competent and working safely.
Speaking after the hearing, HSE inspector Mark Austin said: “European Metal Recycling Ltd used Mr Ward to work for them as a burner, and were responsible for his safety and for ensuring the barges were being dismantled in a safe manner.
“Our investigation found they all neglected that responsibility and Mr Ward has paid the ultimate price with his life – a terrible and senseless loss that was completely preventable had the work been better planned and managed.”
Jayne Ward, Mr Ward’s wife of 25 years, described the incident as ‘sudden’, which had ‘turned her world upside down’.
When contacted by letsrecycle.com, a spokesperson for EMR said: “We wish to express our condolences to the family and friends of William Ward.”
Birmingham – collection injury
On Friday HSE was also successful in prosecuting Birmingham city council in a separate case over injuries sustained by one of its refuse workers whose lower right leg became trapped against a van by a reversing lorry in March.
The local authority was fined £10,000 and ordered to pay costs of £1,887 at Birmingham Magistrates’ Court following the incident at its fleet and waste depot in Tyseley.
Allan Chevelleau, 41, of King’s Norton, was trapped between the door and cab of his parked street cleansing vehicle when it was struck by a bin lorry as it reversed into a neighbouring parking space.
Mr Chevelleau required hospital treatment for ligament injuries to his lower right leg as a result of the incident.
HSE said the lorry had not reversed in accordance with the council’s safe working procedure, which required a colleague to act as a reversing assistant to help guide the lorry during reversing manoeuvres.
The organisation also found it was not an isolated case, with CCTV footage showing workers routinely reversing vehicles without assistance.
When contacted by letsrecycle.com, Birmingham council said it reviewed its safe working practices after the incident but had found no changes were required. However, it had made improvements to monitoring of compliance among staff.
A council spokesperson said: “The council accepts the findings of the court regarding what amounts to a breach of the regulations concerning the monitoring and recording of compliance with working practices.
“The council does take safety extremely seriously and regrets the fact that any member of staff has been injured while at work.”
‘Preventable’
After the hearing, HSE inspector Karl Raw said: “Mr Chevelleau is very lucky not to have suffered more serious injuries following an incident which was entirely preventable.
“It is vital, particularly in busy depots and yards where there are regular vehicle movements, that there is a programme of supervision and monitoring of how workers adhere to safe working practices.”
HSE added that nearly a quarter of all deaths involving vehicles at work occur during reversing.
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