An Essex dock company has been fined for safety failings after a worker suffered serious leg injuries when an operation to unload a cargo container went wrong.
Andrew Gotts, from Felixstowe, Suffolk, has had to undergo extensive reconstructive surgery to his lower right leg, which was trapped and crushed when a jammed container suddenly freed itself. It is not yet known when or if he will be fit for work again.
The incident, on 4 October 2012, was investigated by the Health and Safety Executive (HSE), which prosecuted Harwich Dock Company for serious safety breaches.
Chelmsford Crown Court heard on 9 May that 26-year-old Mr Gotts was helping to unload containers from a ship, using the ship’s crane and chains, at the Port of Harwich.
He had been standing on an access platform on the ship’s deck while colleagues tried to free a jammed container during a crane manoeuvre. The container suddenly moved towards him, trapping him against the platform handrail and crushing his leg.
HSE found that the company did not have a safe procedure in place for freeing jammed containers. There was no clear instruction as to who should be in charge, ensuring the area was kept clear and controlling the crane movement. As a result, nobody asked Mr Gotts to leave the danger zone as the container was freed.
Harwich Dock Company Ltd, of Kings Quay Street, Harwich, admitted two breaches of the Health and Safety at Work etc Act 1974 and was fined £15,000 and ordered to pay £14,761 in costs. These fines and costs were payable upon criminal prosecution. If the employee brings a personal injury claim in the civil courts, the company is likely to face a claim for substantial compensation in addition to what it has already been ordered to pay.
After the hearing, HSE inspector Toni Drury said: “This incident was entirely preventable. Mr Gotts was injured by a jammed container when it suddenly freed and he sustained horrific and life-changing injuries.
“The risk of containers jamming is well-known in the port industry. If Harwich Dock Company had properly assessed and managed the risks to all dock workers during the unloading of containers, and particularly to agency workers who are less familiar with tasks and settings, an alternative method of working would have been used and risks reduced. As it was, they were exposed to significant dangers exacerbated by failings in the company’s supervision.”
While the health and safety risks associated with dock work are potentially more serious than in many other sectors, every employer, regardless of what type of business they operate, is legally required to protect the health, safety and welfare of their employees and any other people who might be affected by their business, by assessing risks of injury or damage to health that could occur in the workplace and taking steps to manage and control these.
Palmers provides comprehensive services to help employers meet their health and safety compliance responsibilities, including general workplace risk assessments and health and safety audits. For more information on these services, please contact Lara Murray or if you are facing investigation or prosecution on a health and safety matter, please contact Jeremy Sirrell.