The tube entered his chest on the right side, smashing three ribs and damaging a lung. It created an exit wound in his back, approximately four inches in diameter. After being cut free by fire-fighters, he was airlifted to hospital with part of the barrier still embedded in his chest. He was unable to return to work for ten weeks owing to his injuries.
In October 2008, Henry Williams Group was served an Improvement Notice, which required it to carry out a risk assessment for workplace transport at the site. HSE inspector Jonathan Wills told SHP the company had failed to put control measures in place to prevent the gate from swinging open. He explained that the company should have installed a post, on to which the gate could be latched when it was opened.
“Mr Ripley was in an horrific incident and the real tragedy is this incident could so easily have been avoided. If the barrier had been secured when it was opened, it would not have been left in such a way that the driver was unable to see it,” said inspector Wills.
“Better planning, training and awareness and the appropriate use of vehicles would avoid many of these incidents and this case should act as a timely reminder to companies of the need to assess the significant risks associated with the movement of vehicles on site.”
Henry Williams Group appeared at Darlington Magistrates’ Court and pleaded guilty to breaching s3(1) of the HSWA 1974. It was fined £8000 and ordered to pay costs of £7425.
In mitigation, the firm said it had no previous convictions and has a good health and safety record. It told the court that the gate was subsequently removed from the site.
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