Mersey Docks fined for unsafe working practices
19th July 1997
Serious injuries to a contract
labourer operating behind picket lines and under the supervision and control of Mersey
Docks and Harbour Company resulted in a £12,000 fine for the MDHC yesterday.
Prosecution was brought before South Sefton Magistrates Court by the Health and Safety
Executive under Section 3(1) of the Health and Safety at Work Act 1974.
MDHC is 13.87% owned by the Government. In March, the Department of the Environment
told Bootle MP Joe Benton
"The number of accidents recorded by the Health and Safety Executive as occurring
at the Royal Seaforth Container Terminal and Royal Seaforth Forest Products Terminal in
1995-96 was one and in 1996-97 there were eight."
Since the mass dismissal of MDHC employees in September 1995, stevedoring operations
have been carried out by contract labour.
On 20 August 1996 Perry Birch, an employee of the Warrington-based contractor PNT, was
assigned to the Forest Products Terminal. PNT was one of 3 separate stevedoring companies
discharging copper from the "Laser Atlantic" in the Port of Liverpool.
While Birch helped to guide a fork lift truck into a stack of copper on the quayside and
instructed the driver, another truck accidently knocked a 3.8 tonne bundle from a nearby
stack, pinning the PNT man to the first truck. Birch was trapped for 25 minutes and
suffered two broken legs and a broken ankle.
HSE Inspector Robert Duckworth told magistrates the accident arose from inadequate
planning which allowed trucks to approach stacks from different directions without
segregation of work teams.
Pleading guilty, MDHC accepted that Section 3(1) had been breached through an unsafe
system of intermediate quayside storage, despite an initial accident assessment by their
own supervisor which found no such fault. The company denied any failure of planning,
stating the accident was caused by "transient carelessness" of the fork lift
driver, as well as human error by the crane operator who failed to stop discharging when
the quay became congested, and Mr. Birch himself.
All shipments were pre-planned by MDHC through extensive contacts with shipping lines.
Contract stevedores including Mr. Birch received safety manuals, videos, HSE notes, and
training with fork lifts. This included the instruction "Never place arms, hands, or
body in unsafe positions."
A handwritten company risk assessment before August 96 noted the danger of quay hands
standing between truck and stack, although this was not typed and distributed until after
the accident.
Mersey Docks cited favorable correspondence from the HSE dating from 1989 - 1993.
Despite their lengthy submission, the company were fined 60% of the maximum penalty under
the Act and costs of £597.92 were awarded to the HSE.
LabourNet Report
http://www.labournet.net/docks2/9707/fine.htm
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