Andrew Wood, 35, from Heathfield, is likely to suffer chronic pain in both hands for the rest of his life as a result of his work for C J Gowing and Son Ltd between July 2010 and March 2012.
The family-run construction company was prosecuted by the Health and Safety Executive (HSE) after an investigation found there was no control of vibration risks and no health surveillance.
The firm also allowed unsafe work at height and failed to support the sides of a deep excavation, which could have collapsed – as revealed in photographs taken by Mr Wood.
Brighton Magistrates' Court heard that his work for C J Gowing and Son involved extensive use of vibrating power tools, including hydraulic breakers, to break out concrete floors and foundations.
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A sensation of pins and needles in his hands intensified over time and by March 2012 the pain was so severe he was unable to sleep. He was subsequently diagnosed with bilateral carpal tunnel syndrome, which required surgery. Despite several operations he can no longer lift heavy objects or do everyday tasks like turn the pages of a book or open a bottle. The father of four is unable to work as a result.
HSE established that his employer had not assessed the risks of using vibrating tools for prolonged periods, and had failed to implement any control measures, such as limiting use of hydraulic breakers and the like. Inspectors also found that he had received no health surveillance during his employment. Had his health been routinely monitored, his condition could have been identified before it became acute.
The court was told that in his dealings with HSE, Mr Wood provided photographs of other failings by the company, including images of a site foreman working from a pallet raised to a roof line by a forklift truck.
Both these and his photos of an unsupported excavation were accepted as evidence of further safety breaches.
C J Gowing and Son Ltd, of Sharlands Lane, Blackboys, East Sussex, pleaded guilty to four separate breaches of the Control of Vibration at Work Regulations 2005 and single breaches of the Work at Height Regulations 2005 and the Construction (Design and Management) Regulations 2007. The company was fined a total of £45,000 and ordered to pay a further £4,670 in costs.
(CD/IT)
