Two companies fined for lorry unloading fatality - incourt-content | SHP - Safety and Health Practitioner

Two companies fined for lorry unloading fatality

13 February 2012



A cleaner at a construction site in Brentford was killed when a steel beam weighing more than a tonne fell on him while he was walking down a footpath.

The incident took place during the construction of new television studios at BSKYB plc’s premises in Harlequin Avenue, on 5 June 2008. Fisher Engineering Ltd had been contracted to manufacture, deliver, and install structural steelwork at the site, and CM Structural Services Ltd had been contracted to erect the steelwork.

On the day of the incident, a lorry containing a number of steel beams arrived at the site and parked adjacent to a pedestrian walkway. This decision was taken because the designated unloading area was located on uneven ground, the bays were too narrow, and the positioning of a water pipe made it difficult for vehicles to be unloaded.

A director of CM Structural Services noticed that one of the steel beams was hanging over the right side of the parked vehicle. The beam was being held in place by strapping, which was securing the load during transportation. Workers removed the strapping and began using a forklift truck to unload the other side of the lorry, but they failed to put any measures in place to secure the overhanging beam.

During the unloading, Hugues Makambila, who worked as a cleaner at the site, was walking down the path to collect cleaning supplies from a storage unit. When workers began unloading the lorry, the overhanging beam, which weighed about 1.4 tonnes, was dislodged and fell on to Mr Makambila. The 35-year-old died instantly from crush injuries.

The HSE visited the site later that day and issued a Prohibition Notice, which ordered all site transport to cease until measures were put in place to separate vehicles and pedestrians.

HSE inspector Lisa Chappell told SHP that no steps had been taken to prevent people walking down the path while the vehicle was being unloaded, and there were no signs to warn that unloading was taking place. She said: “This tragic incident was easily preventable. The risks involved in the handling and delivery of steel stock are well known to those in the industry.

“Appropriate measures to control these hazards should have been in place, including ensuring there is effective communication between the duty holders responsible for planning and managing deliveries, inspecting deliveries upon arrival, and providing a clearly defined exclusion zone where unloading can be carried out safely.

“These measures are neither costly nor time-consuming, yet the failures of the companies involved in this incident contributed to the death of a respected worker.”

Fisher Engineering and CM Structural Services appeared at the Old Bailey on 7 February and both pleaded guilty to breaching s3(1) of the HSWA 1974. Fisher Engineering was fined £50,000 and ordered to pay £16,595 in costs. CM Structural Services was fined £15,000, plus £12,692 in costs.

In mitigation, Fisher Engineering said it had no previous convictions and deeply regretted the incident. It has now modified its lorries so that they have edge protection in place to prevent loads from falling off the side of the vehicles.

CM Structural Services also had no previous convictions and said it fully cooperated with the investigation. Following the incident it made changes to the unloading area, which included flattening the land, making bays wider, and moving the water pipe.
 


     
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