The West Yorkshire-based firm (company number 07255150) was sentenced at Leeds Crown Court at the same time for safety breaches in a separate incident after a wagon driver sustained severe crush injuries to his right leg when he was dragged under a 360 excavator.
And, in another case, Stourport-based A & S Metal Recycling (company number 09525779) and its director have been sentenced after a 15-year-old employee of the metal recycling firm suffered serious burns following an explosion and flash fire, according to the HSE.
The HSE says the prosecutions show that waste companies should be aware that the health and safety regulator “will not hesitate” to take appropriate enforcement action against those that fall below the required standards.
Aggregates
J Murphy Aggregates collects non-hazardous waste, typically tarmac, brick rubble, and broken concrete, which is further broken down and sold as hardcore to building sites, the HSE says.
An investigation by the HSE found that excavator operator James Duggan was employed by director Shaun Murphy to operate a tracked excavator, despite not holding formal qualifications to do so.
Mr Duggan was using the excavator to “munch” a stockpile on 27 March 2018 when the ground below collapsed.
The excavator tumbled down the stockpile and collided with a worker who was “catapulted” off the crushing machine he was maintaining at the time.
The 58-year-old worker suffered multiple fractures to both legs, a dislocated kneecap, fractures to his skull, pelvis, and hip, and two punctured lungs.
He remained in hospital for a year, during which time his right hip was removed. His right leg is now “significantly” shorter than his left, the HSE says.
Sentence
J Murphy Aggregates of Viaduct Street, Pudsey, Leeds, pleaded guilty to safety breaches and was fined £70,000, according to the HSE.
Shaun Murphy, also of Viaduct Street, pleaded guilty to safety breaches and was sentenced to an eight-month custodial sentence, suspended for two years, and 160 hours of community service. He is also required to attend 20 rehabilitation activity requirement days and pay £2,242.50 costs.
James Duggan of Snawthorne Grove, Castleford West, Yorkshire, pleaded guilty to safety breaches and received an eight-month custodial sentence, suspended for two years, and was ordered to pay £2,242.50 costs.
360 excavator
J Murphy Aggregates was also sentenced in relation to a later incident on 4 December 2020 in which a wagon driver sustained severe crush injuries to his right leg when it was dragged under a 360 excavator, the HSE says.
These cases are a damning indictment of a company which has consistently permitted unsafe systems of work
– HSE inspector David Beaton
His right leg was broken and degloved below the knee. A muscle graft subsequently failed in his right ankle and, following “other complications”, his right leg was amputated below the knee.
An investigation by the HSE found that there was no effective segregation between heavy vehicles and pedestrians in the yard.
J Murphy Aggregates again pleaded guilty to safety breaches, the HSE says. The company was fined £50,000 and ordered to pay a total of £8,750 costs.
‘Damning indictment’
After the hearing at Leeds Crown court, HSE inspector David Beaton said: “These cases are a damning indictment of a company which has consistently permitted unsafe systems of work.”
He added: “That another worker should sustain injury as a result of J Murphy’s failure to implement safe systems of work is deplorable.”
Letsrecycle.com contacted J Murphy Aggregates for comment.
Metal recycling
Meanwhile, the HSE says Birmingham Magistrates’ Court heard on 25 February that a 15-year-old boy, working on a casual basis for A & S Metal Recycling, suffered 22% burns to his body on 1 August 2019 when aerosol canisters he had fed into a shredding machine exploded, causing a flash fire at an industrial unit in Worcestershire.
An investigation by the HSE found that the work unit was not an “appropriate facility” for processing aerosol canisters and control measures to prevent or mitigate fire and explosion risks were not put in place.
Despite this, the activity was undertaken by minors, the HSE says, employed as a part of a “casual working arrangement” using “inadequate” equipment.
A & S Metal Recycling of Barracks Road, Sandy Lane Industrial Estate, Stourport-on-Severn, pleaded guilty to safety breaches and was fined £66,000, served as a compensation order to be paid to the injured worker. The company was also ordered to pay costs of £8,192.55.
Simon Davies, director of A & S Recycling Limited, pleaded guilty to safety breaches and was given a six-month custodial sentence suspended for two years. He was also ordered to complete 100 hours of unpaid work.
Needless exposure
Speaking after the case, HSE inspector Alex Stobart said: “The waste and recycling industry has the potential to be extremely hazardous, and in this case two children were needlessly exposed to significant risks on site.
“The explosion and fire led to one child being hospitalised with significant burn injuries. This incident could so easily have been avoided by simply implementing the correct control measures and a safe system of work, as standard within the industry.”
Register for free to comment