Directors fined after falling slabs kill man
TWO directors of a south London masonry firm have been fined after a worker died and two others were injured when 6 tonnes of marble and granite slabs fell on them.
The Health and Safety Executive prosecuted Marble City Ltd (MCL) and company directors Gavin and Jamie Waldron following an incident on 20 March 2008 while the stone slabs were being unloaded from a truck parked outside the company’s site in Wandsworth.
Judge Taylor at Southwark Crown Court heard that MCL director Gavin Waldron was supervising the unloading operation, which employees Ronald Douglas and Franco Moscelli were helping with.
Driver Gelsomino Pacifico, an Italian national, was instructed to park his truck and trailer nearer the yard. This meant the vehicle was parked on a slope on the road, causing the stone slabs on the trailer to lean towards the kerb.
When Mr Pacifico, Mr Moscelli and Mr Douglas got into the trailer to begin the unloading the slabs, 6 tonnes of material that had not been restrained toppled over and fell, crushing Mr Douglas. He died from his injuries in hospital a week later.
The court heard that Mr Moscelli and Mr Pacifico had tried to catch the slabs as they fell but became trapped themselves. Mr Moscelli sustained injuries in his right arm which has led to parasthesia and Mr Pacifico sustained bruising to his right arm.
Marble City Ltd, who pleaded guilty to breaching sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974, were fined £100,000 and ordered to pay costs of £47,564.
Directors Gavin and Jamie Waldron also each pleaded guilty to two breaches of Section 37 of the Health and Safety at Work etc Act 1974 by allowing their company to commit breaches due to their negligence. They were fined £10,000 each.
The HSE investigation found that MCL had operated an unsafe system of work for unloading deliveries to the site for several years. Failings included not insisting on deliveries being unloaded on flat, level ground and not ensuring that the slabs were restrained at all times.
The investigation also found that Gavin Waldron failed to establish Mr Pacifico’s competence or make any effort to brief him on the MCL unloading operation. It was company policy only to allow competent drivers to be involved with unloading, but Mr Pacifico was permitted to do so simply by claiming to have years of experience.
HSE Inspector Andrew Verrall-Withers said: ‘Employers need to check how well they are protecting their employees and not find out they are failing when, tragically, it is too late and someone is hurt and killed.
‘The defendant’s system of work for unloading slabs of stone was dangerous, but it would have been fairly easy to make it much safer. It is vital that work like this is planned ahead and people do not just react to something when it starts to go wrong.’
The Health and Safety Executive prosecuted Marble City Ltd (MCL) and company directors Gavin and Jamie Waldron following an incident on 20 March 2008 while the stone slabs were being unloaded from a truck parked outside the company’s site in Wandsworth.
Judge Taylor at Southwark Crown Court heard that MCL director Gavin Waldron was supervising the unloading operation, which employees Ronald Douglas and Franco Moscelli were helping with.
Driver Gelsomino Pacifico, an Italian national, was instructed to park his truck and trailer nearer the yard. This meant the vehicle was parked on a slope on the road, causing the stone slabs on the trailer to lean towards the kerb.
When Mr Pacifico, Mr Moscelli and Mr Douglas got into the trailer to begin the unloading the slabs, 6 tonnes of material that had not been restrained toppled over and fell, crushing Mr Douglas. He died from his injuries in hospital a week later.
The court heard that Mr Moscelli and Mr Pacifico had tried to catch the slabs as they fell but became trapped themselves. Mr Moscelli sustained injuries in his right arm which has led to parasthesia and Mr Pacifico sustained bruising to his right arm.
Marble City Ltd, who pleaded guilty to breaching sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974, were fined £100,000 and ordered to pay costs of £47,564.
Directors Gavin and Jamie Waldron also each pleaded guilty to two breaches of Section 37 of the Health and Safety at Work etc Act 1974 by allowing their company to commit breaches due to their negligence. They were fined £10,000 each.
The HSE investigation found that MCL had operated an unsafe system of work for unloading deliveries to the site for several years. Failings included not insisting on deliveries being unloaded on flat, level ground and not ensuring that the slabs were restrained at all times.
The investigation also found that Gavin Waldron failed to establish Mr Pacifico’s competence or make any effort to brief him on the MCL unloading operation. It was company policy only to allow competent drivers to be involved with unloading, but Mr Pacifico was permitted to do so simply by claiming to have years of experience.
HSE Inspector Andrew Verrall-Withers said: ‘Employers need to check how well they are protecting their employees and not find out they are failing when, tragically, it is too late and someone is hurt and killed.
‘The defendant’s system of work for unloading slabs of stone was dangerous, but it would have been fairly easy to make it much safer. It is vital that work like this is planned ahead and people do not just react to something when it starts to go wrong.’
