“Company fined after man seriously injured on Cheltenham building site” Asons Solicitors Comment

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According to the HSE, a Wiltshire civil engineering company has been fined after a worker was seriously injured by a reversing vehicle at a Cheltenham building site. (1)

The ground worker, who does not wish to be identified, was hit from behind by the vehicle, while it was in the process of delivering construction materials to another nearby development on 7 August 2012. (1)

As a result of the accident at work, the worker suffered serious injuries to his left leg, including a severed artery, a severely damaged thigh muscle and a large puncture wound. He was immediately airlifted to hospital, and as a result of his injuries he was unable to work for seven weeks. (1)

Cheltenham Magistrates' Court heard on the 6th September, that his employer, Swindon-based John O'Flynn Developments Limited, failed to put in place adequate safety measures to prevent an incident of this kind. (1)

As a result of the accident, the firm was prosecuted by the Health and Safety Executive (HSE) after an investigation discovered that no measures were in place to segregate workers from the site traffic. (1)

The injured worker was operating a loud floor saw, cutting a channel in a roadway, when he was struck. The road he was working on should have been closed to the site traffic, or vehicle movements should have been closely supervised, to ensure that an accident of this kind could not happen. (1)

Commenting on the accident, Thomas Fairclough, Executive from Asons Solicitors, stated that:

“Any health and safety claim made as a result of this accident can’t undo the damage caused; accidents of this kind can be easily avoided, if the correct health and safety measures are in place. In this case, they weren’t”

“On average, approximately 7 workers die a year, as a result of an accident at work that involves moving vehicles on a construction site, a further 93 are seriously injured. It is vital that constructions sites are managed appropriately, helping to prevent an incident of this kind occuring.”

John O'Flynn Developments Limited, of Bramble Road, Swindon, was fined £10,000, and ordered to pay a further £3,892 in costs after pleading guilty to beaching Section 2(1) of the Health & Safety at Work etc Act 1974. (1)

After the hearing, HSE inspector James Lucas said:
"Despite the known risks of allowing vehicles unrestricted access on construction sites, numerous vehicles had to pass through the area where the injured worker and others were positioned in order to make deliveries.

"There were no measures in place to safely segregate workers from vehicles, and as the worker had his back to the reversing vehicle as he used a noisy floor saw he did not see or hear it approach.

"John O'Flynn Developments failed to implement basic safety measures and an employee was seriously injured as a result."

Asons Solicitors suggest that if someone would like to learn more about the consequences of an accident at work, or if they would like to better understand the Health and Safety Claims process, that information is available at http://www.asons.co.uk, or via an expert helpline on 01204 521 133.

(1)    Company find after man seriously injured on Cheltenham building site - http://www.hse.gov.uk/press/2013/rnn-sw-john-oflynn-developments.htm – HSE September 2013

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About Asons Solicitors:

Asons Solicitors is a Bolton-based law practice that specialises in personal injury and industrial disease claims. Founded by brothers Imran Akram and Kamran Akram, Asons Solicitors has developed to become a young and dynamic law firm that delivers practical solutions to clients in times of difficulty. Their continued focus on their staff has seen them awarded with the Investors in People “Gold Award”; which is reflected in the professional and personable approach they take in working with clients. They strive to grow and to develop, and their supportiveness and attention to detail ensures that their clients use them time and again.

For further information contact:
Email: [email protected]
Website: http://www.asons.co.uk

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