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Contractor fined for health and safety failings after telehandler fall (28 April 2015)

Date: 28/04/2015
Duncan Lewis, Legal News Solicitors, Contractor fined for health and safety failings after telehandler fall

A contractor at a wildlife park has been fined more than £2,000, after he and another worker were injured after the basket they were working in from fell off the forks of a telehandler as it was being lowered to the ground.

Richard Lynch, 41, and a colleague were working to erect a geodesic dome at Manor House Wildlife Park in Tenby, Wales.

One worker was knocked unconscious and the other sustained serious injuries to his foot and ankle as the basket fell to the ground.

A Health and Safety Executive (HSE) investigation found that Richard Lynch – who was in control of the work – had had no training in the management of health and safety on construction sites.

HSE inspectors also found that he had not used a telehandler and basket before – and was unaware of HSE guidance setting out their safe use.
Mr Lynch was also found not to have assessed the risk of using a telehandler – and had used an untrained driver to operate it.

On Tuesday, 21 April, at Haverford West Magistrates Court, Richard Lynch pleaded guilty to breaching Section 3 (2) of the Health and Safety at Work etc Act 1974. He was fined £2,000 with £1,002.80 costs.

Section 3 (2) of the Health and Safety at Work etc Act 1974 states:

“It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”

After the hearing, HSE Inspector Phil Nicolle said:

“This incident was entirely foreseeable and could have been prevented.

“If Richard Lynch had planned and managed the task properly and identified the risks, he would have been able to ensure suitable equipment was used –
and safe procedures implemented.”

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