Bristol Magistrates’ Court was told yesterday (January 29) that the 53-year-old was employed as an industrial cleaner to clean thermal treatment units at the Avonmouth site – which houses a mechanical biological treatment (MBT) plant and energy recovery facility –when the incident occurred.
On 5 August 2013 he had agreed to help empty ash, a by-product of the thermal treatment process on the site, from steel barrels using a specialist vacuum machine.
Prosecuting, the Health and Safety Executive (HSE) alleged that one of the cleaner’s colleagues had used a fork lift truck to shake the vacuum to dislodge any remaining ash deposits from the filters. The vacuum came off the forks of the truck, overturned and struck the cleaner, trapping him underneath.
He suffered a fractured back and two fractured ribs, and was unable to return to work for seven months, the court was told.
New Earth Solutions Group Ltd, which runs the mechanical biological treatment facility, also commissioned the energy recovery facility on the site. During the design, build and commissioning phases, the new facility was under the control of NEAT Technology Group Ltd.
NEAT
NEAT was originally established as the thermal technology wing of New Earth Solutions, but demerged from the Group in January 2013.
New Earth officially took over phase one operations at the Avonmouth facility in September 2013. It treats waste on behalf of the West of England waste partnership, Bath, North East Somerset and South Gloucestershire councils, as well as Blaenau Gwent and Torfaen.
According to the HSE both NEAT Technology Group Ltd and New Earth Solutions Group Ltd failed to assess the risks associated with unblocking the vacuum filters and did not identify a safe system of work using appropriate equipment to unblock the machine.
Both companies also failed to sufficiently train and instruct workers to unblock the filters safely and did not monitor or supervise the process, the HSE claimed.
Fines
As a result of the proceedings, New Earth Solutions Group Ltd, of Ebblake Industrial Estate, Verwood, Dorset, was fined £14,000 and ordered to pay costs of £1,241 after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
NEAT Technology Group Ltd, of the same address, was fined £16,000 and ordered to pay costs of £1,241 after also pleading guilty to the same breach of the same legislation
Speaking after yesterday’s hearing, HSE inspector Matthew Tyler said: “This incident highlights the importance of effectively controlling the risks associated with all work processes. This did not occur in this case, and the consequences could have been far more serious.
“This incident could have easily been avoided and the injured cleaner would not have been injured had both companies planned this work properly and provided with appropriate training and supervision.”
Statement
In a joint statement, the companies said: “On Tuesday 6 August 2013 an accident occurred at our Energy Recovery Facility, as a result of which a contractor sustained injury. Following its investigation into the incident, with which the companies co-operated fully, the HSE instigated proceedings against them as the operator and the design and build contractor of the facility. Both companies entered guilty pleas to single charges each under the Health and Safety at Work Act and as a result have, on 29 January 2015, been fined a total of £30,000.
“Since the accident both companies have thoroughly reviewed procedures taking additional external advice, including from the HSE.
“Both companies profoundly regret the incident and the injuries suffered. Both companies are committed to working to the best health and safety standards and the record at Avonmouth since the accident has been excellent.”
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