The quick actions of the crew of a ship coming into port saved a night watchman who had fallen into the water between the quayside and the vessel.
Charles Greenhill, 47, was doing his rounds on 16 May 2007 at The Bay in Inverkeithing, Fife, as a vessel was docking to collect a cargo of scrap metal. He was present on the berth but not involved in the operation. HSE inspector Michael Orr told SHP that there were trip hazards and holes on the quay, which also lacked lighting and adequate rescue equipment, and was in a severely dilapidated condition.
Mr Greenhill fell into the water and had to be rescued by the vessel’s lifeboat, owing to the lack of sufficient means of escape, or rescue at the quay. It is believed he suffered fractured ribs as a result of his fall.
Dunfermerline Sheriff Court heard that Mr Greenhill was employed by RM Supplies (Inverkeithing) Ltd, a scrap-metal operation based in The Bay. A director of the company, Thomas Muir, appeared in court on 8 September, and pleaded guilty to a charge of failing to carry out a suitable and sufficient risk assessment under reg. 3(1) of the MHSWR 1999. He was fined £2750 and is no longer a director of the company.
RM Supplies had pleaded guilty at an earlier hearing on 12 January at the same court to contravening regs. 4(1) and 5 of the Docks Regulations 1988. It was fined £14,000 for failing to effectively plan and execute the dock operation in such a manner that no one was exposed to the risk of injury, or death.
In mitigation, RM Supplies said there had been a change of management since the incident and it had taken steps to repair and protect the condition of the quay, which it was responsible for operating.
Inspector Orr said: “This was a significant breach of health and safety law, which could have resulted in death, had it not been for the intervention of the ship’s crew. The conditions on the site were unacceptable. There was no suitable and sufficient risk assessment, or attempt at planning, which could have identified the state of the quay as unacceptable for use for any dock operations.”
The cargo operation was carried out only three or four times a year, and the inspector emphasised that infrequent activities do not equate to low risk. He said: “This case should serve as a warning to all employers to ensure that routine and infrequent activities are effectively planned.”
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