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EMR prosecuted after employee falls in Lincoln

Warrington-based European Metal Recycling Ltd has been fined £2,500 and ordered to pay £2,454 costs after one of its employees fell from a lorry and fractured vertebrae in his neck.

The metal recycling firm, which has two depots in Lincoln, pleaded guilty at Lincoln magistrates last Wednesday (15 October) to contravening Regulation 4 (1) of the Work at Height Regulations 2005, by failing to ensure work at height was carried out safely.

All companies must assess the risks from work they are undertaking at height and ensure that the work is planned properly and appropriate measures are taken so that workers are not at risk of falling

 
Judith McNulty-Green, HSE

On 17 December 2007, the agency worker was repositioning fridge and freezer units on a curtain-sided trailer at the firm's Beevor Street depot in Lincoln. He was standing on a fridge unit, attempting to move another unit on top of it to prevent it sticking out of the side of the vehicle, when he lost his balance and fell around 10 feet to the ground.

The man, who is from Lincoln, dislocated fingers on his left hand, broke his left wrist and fractured vertebrae in his neck. He was in hospital for five days and had to wear a neck brace for three months.

Judith McNulty-Green, one of the Health and Safety Executive (HSE) Inspectors for Lincolnshire, said: “Three million people work on or near vehicles as part of their regular job. Getting on and off a vehicle to carry out loading or unloading, and working at height on the vehicle, are often viewed as incidental to the main job. Because of this, the risks involved may not be properly considered by either workers or their managers.

“Last year 45 people died and more than 3,000 suffered a serious injury after a fall from height at work. It is the most common cause of death at work. All companies must assess the risks from work they are undertaking at height and ensure that the work is planned properly and appropriate measures are taken so that workers are not at risk of falling.

She added: “This incident could have been avoided, and a man might not have been seriously injured if the company had sufficient procedures in place.”

Regulation 4 (1) of the Work at Height Regulations 2005 states: “Every employer shall ensure that work at height is – (a) properly planned; (b) appropriately supervised; and (c) carried out in a manner which is so far as is reasonably practicable safe, and that its planning includes the selection of work equipment in accordance with regulation 7.”

European Metal Recycling Ltd was unavailable for comment.

Further information about preventing falls from height can be found on HSE's website at: https://www.letsrecycle.com/ecco/www.hse.gov.uk/falls. Further information on preventing falls from vehicles can be found at http://www.hse.gov.uk/fallsfromvehicles/index.htm

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