Employers should carry out suitable risk assessments prior to undertaking work

The HSE has warned employers about their responsibility to carry out suitable risk assessments following prosecutions after workers deaths  - 18th March 2008

Suitable assessment of risks must be carried out by employers prior to employees undertaking tasks warns the Health and Safety Executive (HSE). This warning was issued after the successful prosecution of two companies within the JCB group following two deaths in separate workplace accidents.

JCB Earthmovers Ltd was fined £200,000 with costs of £31,366 for a breach of section 2(1) of the Health and Safety etc Act 1974. The accident happened when Mr Ellis was checking a fuel tank for leaks. A high pressure air hose was connected to the tank instead of a low pressure one, this caused the inspection plate to blow off resulting in fatal head injuries. The court had heard at an earlier hearing that the high and low pressure hoses had identical connectors and were similar in appearance. The court also heard that the Mr Ellis had not had enough training.

JC Bamford Excavators Ltd was fined £266,000 with costs of £31,701 for also breaching section 2(1) of the Health and Safety etc Act 1974. This accident happened when Mr McNamara was standing out of the cab operating the controls of an excavating machine boom whilst leaning through a window, this is common practice whilst operating this machine. A faulty hydraulic system resulted in the control lever not working correctly; this prevented the boom stopping which resulted in Mr McNamara being crushed inflicting fatal injuries.

These tragic accidents at work could have been prevented if the correct training and risk assessments had been carried out prior to work commencing.

A HSE inspector said: “Even employers with the most responsible attitude to health and safety can put lives at risk if they do not maintain constant vigilance. The importance of appropriate health and safety procedures cannot be overstated.”

Section 2 (1) of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of every employer to ensure, so far as reasonably practicable, the health, safety and welfare at work of all his employees."

For further information on risk assessment and construction visit the HSE's pages at www.hse.gov.uk/risk/fivesteps.htm and www.hse.gov.uk/construction/index.htm.