Countrystyle Recycling Ltd, has been fined after a 34-year old worker suffered ‘life threatening’ head injuries, in 2015.
Following a hearing at Folkestone Magistrates’ Court on Tuesday (12 December), the waste and waste and recycling company, based in Maidstone, Kent, was fined £666,700 and ordered to pay costs of £8,424.
Countrystyle pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work Act 1974. The company also pleaded guilty to breaching Regulation 17(1) of the Workplace (Health, Safety and Welfare) Regulations 1992.
Statement
Countrystyle Recycling has been fined after an employee suffered serious head injuries in 2015
In a statement, after the case the company said: “On Wednesday, 30th September 2015 at 11.49 am, an accident occurred at the company’s Lenham depot that resulted in an injury to a member of staff as a result of being struck by the boom of a Telehandler. The Injured Party was taken by Kent Air Ambulance to hospital where he underwent surgery.
“The Injured Party sustained a serious head injury, but we are delighted to confirm that he has recovered exceptionally well and the Company has supported him and his family throughout his recovery phase and continues to do so through his ongoing rehabilitation. We are now engaged in a return to work programme for the Injured Party and this will enable him to return work in a suitable role early in 2018.”
Telehandler
The Court heard how, on 30 September 2015, the 34-year old employee of Countrystyle Recycling Ltd instructed another colleague to use a Telehandler to move paper at the company’s site in Maidstone, Kent.
The Health and Safety Executive reported that the Court heard “the Telehandler was left running while the employee left the cab unattended, the boom of the Telehandler was elevated and was lowered by another employee who entered the cab of this vehicle. The boom struck the head of the injured person as he was standing below this raised boom.”
The injured person suffered serious brain injuries and has not returned to work since this incident, stated the HSE.
Investigation
An investigation by HSE found the company failed to suitably plan the management and overseeing of workplace transport activities on site. The investigation also found employees of Countrystyle Ltd had not received the appropriate level of training in order to safely operate the Telehandlers on site, according to HSE.
Speaking after the hearing HSE inspector Bose Gabriel said: “This incident could have been prevented had Countrystyle planned this workplace activity beforehand and identified the risks associated.
“Duty holders must ensure they devise and carry out safe systems of work at all times. Workplace transport incidents are very serious and usually result in life threatening injuries, as highlighted in this case.”
Following the incident, Countrystyle Recycling said a comprehensive review of all safe systems of work has been undertaken across all the company’s operational sites, and where required improvements have been implemented. It also felt that the HSE’s reporting of the case was not wholly accurate.
“New recycling facilities installed since 2015 have been designed so as to minimise risk in relation to all staff and third party personnel attending our sites. Countrystyle Recycling is fully committed to the Health & Safety of its staff and any visitors to its sites,” the company said.
Details
Providing more details of the incident, Countrystyle Recycling’s director of legal & administration, Stuart Butler-Gallie said: “The injured party was a supervisor who (with agreement) took over control of a Telehandler being used in our paper recycling operation from another supervisor and then proceeded to change the attachment of the Telehandler for another operation. Whilst this was happening the other supervisor proceeded to follow correct shut down procedures on the paper/card baler and exited the building. In doing so, the injured party went to the front of the Telehandler and crouched down to clear some material from the area of the boom housing.
“Importantly, given the strict application of the new sentencing guidelines and the size of fines being issued, companies have little alternative to consider pleading guilty at the first opportunity to receive the benefit of a 1/3rd discount on the fine, even in the case, such as this, of an unfortunate accident.”
Stuart Butler-Gallie
Countrystyle Recycling
“At this point he was not stood up as suggested in the HSE press release and was unsighted from anyone approaching the Telehandler from the rear. In this split second of time a 3rd operator entered the work area and seeing an item of plant with its engine running and boom raised, lent across the steering wheel and seat in the cab and lowered the boom, unfortunately striking the injured party on the head.
“In a further twist of fate, the operative lowering the boom had been on holiday when all members of staff had recently received refresher training on the Telehandler and this was cited as a failure on the Company’s part to ensure all staff had been trained to the correct level.”
Fine
Mr Butler-Gallie continued: “The company recognised that the stop/start procedures that it had in place had not been followed and based on legal advice had pleaded guilty to the offences. Notwithstanding the discretion exercised by the District Judge in this case concerning the level of profitability of the company, the new sentencing guidelines are based entirely on a company’s turnover. Countrystyle was a medium sized company at the time of the accident, but 2017 accounts (not required to be filed until February 2018) will show that turnover has gone over the £50m threshold to be classified as a large company. As a result the starting point for the fine leapt from £450k to £1.1m.”
The injured party is engaged in fortnightly return to work sessions and has a role earmarked for his return within the administration of the company’s paper/card recycling operation, Mr Butler-Gallie noted.
And, he also reflected on the penalty regime for such cases. He said: “Importantly, given the strict application of the new sentencing guidelines and the size of fines being issued, companies have little alternative to consider pleading guilty at the first opportunity to receive the benefit of a 1/3rd discount on the fine, even in the case, such as this, of an unfortunate accident.”
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Source: letsrecycle.com Waste Managment
