Ward Bros and CEMEX in court after worker killed in quarry
Firms fined a total of £237,500 for serious safety failings following death of a contractor at Divethill Quarry
QUARRY operators CEMEX UK Materials Ltd and contractors Ward Bros (Plant Hire) Ltd have been ordered to pay a total of £237,500 in fines and costs after a worker was killed when he became trapped under a large mobile crushing machine.
Gary Ian Ward was working for Ward Bros as a mechanical fitter when the incident happened on 19 February 2009 at CEMEX UK’s Divethill Quarry, in Northumberland.
The incident was investigated by the Health and Safety Executive (HSE) which prosecuted both companies for serious safety failings.
Newcastle Crown Court heard how Mr Ward, the nephew of the company’s chairman, was told there was a problem with the conveyor on a large mobile crusher. He went underneath the machine to identify the cause of the problem and while he was there the crusher moved, trapping Mr Ward, who subsequently died from asphyxiation.
The HSE’s investigation found that the movement of the machine was caused by a failure of the insulation on an electrical control wire causing a ground fault. This would have been prevented if the machine had been isolated or locked off from its power source before any maintenance activity took place.
The quarry rules required a permit for the work being undertaken by Mr Ward, which would have meant the crusher had to be isolated and signed off by a supervisor or manager. No permit was issued and it was discovered there was no lock-off facility on the machine.
The HSE also established that there was no effective supervision of the work being done by Mr Ward by either company.
In addition the investigation found that the crushing machine was in a poorly maintained condition, that some of the workers using the machine were not qualified to operate it, and that safety records for some Ward Bros employees were not up to date.
Ward Bros (Plant Hire) Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and were fined £85,000 and ordered to pay £55,000 in costs.
CEMEX UK Materials Ltd pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and were fined £60,000 and ordered to pay £37,500 in costs. The court did, however, accept that the breaches CEMEX UK admitted to were not causative of Mr Ward’s death.
After the hearing, HSE inspector Martin Baillie said: ‘A quarry is a dangerous work environment and the quarry operator and contractors who work there need to ensure that health and safety is properly and effectively managed. Ward Bros (Plant Hire) and CEMEX failed to properly manage and control the work activity at Divethill Quarry. They failed to ensure that the requirements of both their own rules and those required by regulation were met.
‘Employers have a duty to manage and control work activity to ensure it is done safely. It is not enough to just put rules in place. Monitoring the work activity and ensuring there is adequate supervision in place are essential components of a safe system of work. Sadly both were absent in this instance.’
