MJL Contractors Ltd, Hellys Court, Water Ma Trout Industrial Estate, Helston Cornwall, pleaded guilty to breaching Section 2 (1) Health and Safety at Work etc. Act 1974. It was fined £200,000 with over £12,312 in costs.
Truro Crown Court heard how Roger Daw, 58, from Plymouth, was operating a fully loaded front tipping dumper at MJL's site in Liskey Hill, Perranporth.
As he drove the vehicle down an incline, the dumper became imbalanced and overturned. Mr Daw, who was not wearing a seatbelt, was thrown from the vehicle which landed on his legs and crushed him. As a result, Mr Daw was airlifted to hospital and had to have both legs amputated around the knee.
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The court heard there were a number of failings which led to the incident. The specific vehicle being used by Mr Daw was not appropriate for the task, however no-one on site assessed the plant equipment's limitations.
In addition, an investigation by the Heath and Safety Executive (HSE) found the company had also not carried out an assessment for any of their drivers or their competence in using the plant equipment.
HSE inspector Jo-Anne Michael, said "Roger Daw's life has been changed forever. If MJL Contractors Ltd had planned the work properly, assessed the equipment and the drivers this incident would not have happened.
"Companies must learn that risk assessments are there to protect their workers from the real risk that mobile plant can become unstable."
(LM/MH)
