Tipton firm fined £390k after worker crushed by cylinder
A firm has been fined £390,000 and ordered to pay £24,000 costs after a welder was crushed by a 2.8 ton cylinder at their factory.
Andrew King was known to be doing a potentially dangerous job when disaster struck but The Angle Ring Company had not prepared a risk assessment for it, Wolverhampton Crown Court heard.
The 36-year-old was using a propane lamp to weld plates onto the cylinder when it tipped forward and fell on him at the Broomfield Road, Tipton works on November 11 2014.
It fractured his left leg in three places and lacerated the right leg but the injuries could have been far worse if the post of a submerged arc welder had not inadvertently halted the cylinder's movement and prevented its full weight from landing on the victim, the court was told.
Mr King, who had worked at the firm for four years, said later: "I remember welding and the next thing I was pinned back. I shouted for help and felt blood inside by welder visor."
He was off work for nine months and is still suffering psychologically. He concluded: "I feel like my life has been on hold since it happened."
The cylinder had to be rotated during the welding and rested on two sets of wheel rotators which were not secured. It was important that it remained centrally aligned but there was an acknowledged danger of it moving forward during the process.
This was 'highly likely' but Mr King had not been warned about the possibility, said Mr Harpreet Sandhu, prosecuting on behalf of the Health and Safety Executive who had published a circular giving guidance on the dangers of 'creep' six months before the accident.
He continued: "There should have been a site specific risk assessment for this piece of hazardous work. The risk was known about and the ramifications were entirely foreseeable."
The accident could have been prevented by anti creep devices that have since been installed by the 66-year-old specialist steel bending firm that employs 88 staff.
Mr James Buchanan, representing the company, conceded that there had not been a specific risk assessment for the job, but added: "All those responsible for welding were aware of the issue of creep and each had put in place controls to mange it." He argued that this explained why there had not been a similar accident.
The company, which had a previous conviction for a health and safety breach, pleaded guilty to failing to ensure the health and welfare of an employee.
Judge Barry Berlin said: "Mr King could have been killed. The company failed to follow the most rudimentary precaution for potentially very hazardous work by not producing a risk assessment when there was an obvious danger of creepage. It fell far short of the required safety standard."
