Metal recyclers Ampthill Metal Company has been ordered to pay over 36,000 in fines and costs after an incident at its Bedfordshire site which saw a heavy goods driver have his jaw shattered.
The company, which is based at Ampthill in Bedfordshire, was prosecuted in Bedford and Mid Beds Magistrates Court over the incident which took place on September 22 2009.
The Court heard how heavy goods driver Dean Bridges, 41, had removed the locating pin from the handle holding the rear door a Roll-on Roll-off (Ro-Ro) container shut when the handle sprung out and struck Mr Bridges in the face.
Mr Bridges, of Maulden in Bedford, had his jaw broken in several places and lost three teeth. He required 47 stitches and had his jaw wired shut. The Court heard how Mr Bridges was unable to work for two months or eat solid food for three.
A Health and Safety Executive (HSE) investigation found the company had failed to ensure Mr Bridges’ safety and found three similar incidents had occurred at the company’s premises between 2002 and 2008, all involving workers being struck by container doors or container door handles.
Ampthill Metal Company Ltd pleaded not guilty to breaching Section 2(1) of the Health and Safety at Work Etc. Act 1974, which requires employers to ensure, as far as reasonably practicable, the safety and welfare of all workers.
After a two day trial, which finished yesterday (May 10), the firm was found guilty by magistrates and fined 15,000 and ordered to pay 21,718.05 in costs.
After the hearing HSE inspector, Emma Rowlands said: The risk of being struck by skip container doors within the waste industry is well known. Mr Bridges suffered serious facial injuries as a result of this incident, which was entirely preventable.
HSE will not hesitate to prosecute companies who fail to take their health and safety obligations seriously, she added.
Response
In response, Ampthill Metal Company said it was an unfortunate accident but stressed the 15,000 fine represented the first ever to be issued against the company which, it claimed, has an impeccable record on health and safety.
Speaking to letsrecycle.com today (May 11), Shaun Clarkson, general manager at Ampthill, said: The HSE pursued a prosecution against us and we felt strongly that we had a working procedure in place that hadnt been adhered to by the employee and so we went to court to challenge that.
Mr Clarkson said that the HSE had stated a requirement for a secondary arrestment device, which prevents the container door from springing back. However, he said that this was not widely known or used within the sector and he urged waste and recycling companies to contact their local HSE officer for further information.
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