A Devon based company who failed to prevent a serious accident in the workplace has been fined more than £50,000.
Lorry driver, David Farr was left severely disabled when he was crushed between a trailer and a metal shutter. Exeter Crown Court heard how Mr Farr had to have his right leg amputated as well as sustaining horrific injuries to his arms, bowel and bladder after an accident occurred during a loading operation in high winds in February 2007.
Mr Farr was employed by RT Trailers, owned by Matthew and Richard Triggs. They both admitted breaching Health and Safety Laws, and where each fined £25,000 and ordered to pay £5,000 legal costs.
Prosecutor Ann Vigurs said that the RT Trailers was in the business of manufacturing steel farmed warehouse, industrial and farm buildings and erecting them. She told the court that the company was a small one, with few employees and that the buildings they constructed consisted of metal stanchions and shutters into which concrete was poured. These were transported on the back of a lorry equipped with ‘ A frames’ and Mr Farr was the only employee of the firm who was prepared to drive that lorry as others felt they were not skilful enough.
On the day of the accident she told the court how Mr Farr had not wanted to use that lorry because of the high winds which caused the shutters to move, but was given a tractor and trailer instead by his employer. Mr Farr was in the trailer guiding and unhitching the shutters as they were lifted in, when a number of shutters then slipped, crushing Mr Farr.
Mr Farr had to undergo eight operations following the accident, but is still left severely disabled and will never be able to return to work.
When Richard and Matthew Triggs were interviewed after the incident, they both attempted to point the finger of blame at Mr Farr. However both men pleaded guilty at the first opportunity to the Health and safety at Work act.
Mitigating, Ian Dixey said: “Neither of the defendants would have wished the awful consequences the accident had on Mr Farr and they have the greatest sympathy for the way he now was.” He said both Richard and Matthew believed the operational method being used was safe.
The prosecution was brought after an investigation by the Health and Safety Executive. Principal inspector Andrew Kingscott said after the hearing: “This accident demonstrates the serious and sometimes very personal-life changing consequences of failing to assess risks and properly planning work activity when lifting and transporting heavy components. In this particular case, the decision to use the trailer to transport the panels and the system of work adopted were both flawed. What initially appeared to be a simple job, ended in tragedy. Employers must have a duty of care towards their employees and the partners in this company manifestly failed in theirs.
Mr Farr is seeking compensation for his injuries in the civil court.