Employee Dies After Falling With a Work Platform onto M25
Manufacturing Company Fined After Employee Dies After Falling With a Work Platform Onto the M25 Motorway
Pre-Delivery Inspection
Rick Jeager-Fozard, an employee of Kimberly Access Limited, was carrying out a routine pre-delivery inspection on a mobile elevating work platform (MEWP) on 5 June 2013, Reading Crown Court was told.
The MEWP extended to an unsafe angle and resulted in the MEWP falling onto the M25 motorway. Mr Jeager-Fozard was working on the platform of the MEWP, falling with the device.
HSE Investigation
An investigation by the HSE revealed that the device had become unsafe because of a miscalibration of its secondary boom angle sensor, which started to extend even though the boom had not been raised to the necessary angle. This meant that the MEWPs secondary boom had raised to an angle around 6 degrees lower than required, the boom then extended beyond its safe working limit and tipped over.
The miscalibration occurred through incorrect data being manually manipulated and uploaded onto the machine via a laptop using password-protected software. Warranty repairs on the machine during this period, including software issues, fell within the conduct of Genie UK Ltd’s undertaking.
The Outcome
Genie UK Limited of The Maltings, Wharf Road, Grantham, Lincolnshire pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974. The company was fined £270,000 and ordered to pay costs of £165,175.
HSE Inspector Stephen Faulkner said: “This was a tragic and harrowing incident. Modern high-reach MEWPs rely on accurate data to ensure they extend and operate safely, and steps should be taken to ensure the process of calibrating sensors is correctly followed. Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”