IN COURT

Somerset firm fined £80,000 after worker killed in explosion A horticultural company has been fined after a worker died and three others were seriously injured in an explosion while emptying a pressurised tank used to heat greenhouses. HSE said that simple, sensible and proportionate steps should have been taken to do the work safely. Peter James, aged 67 of Southmead Terrace, Crewkerne, died of head injuries six days after the incident. Two of his workmates had been asked to open the tank in preparation for upgrading work at a nursery at Bradon Farm, Isle Abbots, near Taunton on 11 May 2010. The incident was investigated by HSE, which prosecuted Mr James’ employer, Cantelo Nurseries Ltd, at Taunton Crown Court on 24 October. The court heard that two workers were asked to unbolt a hatch cover from a pressure vessel while there was still pressure in the system. This caused a devastating release of pressure that sent the hatch cover flying across the room followed by a large jet of water that swept everyone off their feet. In addition to Mr James’s fatal injuries, the three other men standing nearby suffered severe injuries. Arek Kuchczynski, aged 29, was unconscious for two weeks following the incident and remained in hospital for many months after suffering injuries to his head and skull, and damage to his forearm, requiring three operations and a skin graft. Roger Mees, a 43 year old horticultural manager, suffered serious trauma to his head including a broken jaw, heavy bruising to his face, damage to his teeth, a cut across the nose, black eyes and a two-inch deep cut to his lip. Horticultural technician Radoslau Dimitov, aged 25, also suffered a fractured arm. HSE’s investigation found that: the work was not properly planned; the workers had not been properly trained or supervised at least one worker spoke very little English, which made it difficult to understand instructions; and the hatch should not have been removed until all the pressure had been safely released from the system. Cantelo Nurseries Ltd, of Bradon Farm, Isle Abbotts, Taunton, pleaded guilty to two breaches of health and safety legislation and was fined a total of £80,000 and ordered to pay £59,812 in costs. HSE inspector Christine Haberfield, speaking after the hearing, said: “This tragic incident has cost one man his life and changed the lives of many other people forever. There were simple, sensible and proportionate steps, such as releasing the pressure in the tanks, that could – and should – have been taken to do the work safely. “All that was needed was a little thought beforehand to ensure that the work was properly planned, carried out by competent people and supervised. Had this been done, this tragedy could have been avoided. “All employers must ensure any task of this nature, indeed any maintenance or repair task, is properly planned and considered to ensure that sensible precautions can be taken. That includes ensuring all sources of energy are isolated before work begins.” Firm to pay £125k following crane collision fatality An Oldham manufacturer has been ordered to pay £125,000 in fines and costs after an employee died when he was struck by a three-tonne piece of steel being lifted by an overhead crane in July 2011. Michael Wickstead, 63, from Radcliffe, was working for Refinery Supplies Ltd on the Greengate Industrial Estate in Chadderton when two overhead cranes collided. The impact sent a steel container toppling, striking Mr Wickstead and causing fatal crush injuries. The company was prosecuted by HSE after an investigation into the incident found a safe system of work had not been in place at the factory. Manchester Crown Court heard on 24 October that Mr Wickstead had been involved in manufacturing a large steel container, used to hold molten lead or zinc, which had been resting on a stand with chains hanging down to it from an overhead crane. A colleague was using another crane on the same overhead rail to move another container when the cranes collided, knocking the one Mr Wickstead was working on off its stand. The court was told Refinery Supplies should have had a clear working system in place to prevent workers from being injured by the cranes. This could have included fitting anti-collision devices to the cranes, or making sure there was a safe method in place to avoid the two cranes coming into contact with each other. Refinery Supplies Ltd, of Greenside Way in Chadderton, was fined £90,000 and ordered to pay £35,000 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc. Act 1974. Speaking after the hearing, HSE inspector Helen Jones said: “Michael sadly lost his life because the safety standards of his employer fell well below the minimum legal standards. Refinery Supplies knew there was a risk of cranes colliding at the factory and, in fact, this had happened on several previous occasions without the same catastrophic result. However, the firm failed to take any action to make sure workers weren’t put at risk of being injured. It’s vital that manufacturers carefully consider the dangers facing their employees and then implement safety improvements. If Refinery Supplies had done this then Michael’s tragic death could have been avoided.” Boss cleared of manslaughter 12 years after fatality Simon Bromley, 45, the boss of a worker who was crushed to death in a concrete mixer has been cleared of manslaughter, but found guilty of breaching health and safety regulations. Sentencing relating to those breaches has been adjourned, however whilst Mr Bromley was jailed for three years for drugs charges. Lee Balkwell, 33, suffered fatal injuries in 2002 at a farm in Upminster, east London after he and Mr Bromley had been inside the drum of the mixer trying to loosen hardening concrete. It was alleged at Chelmsford Crown Court that after exiting the drum, Mr Balkwell became entangled on the outside of the machine and died after becoming trapped between the drum and chassis of the vehicle. Detectives exhumed Mr Balkwell’s body from Corbets Tay cemetery last year in order to pursue evidence which was not developed in the hours after his death. A jury found Mr Bromley guilty of failing to discharge his duty as an employer under health and safety regulations.