A dock company based in Essex has been prosecuted over safety failings which saw a dock worker suffer severe leg injuries during a botched operation to unload a cargo container.
Chelmsford Crown Court heard on 9th May that agency worker Andrew Gotts, 26, incurred multiple fractures and destruction of soft tissue on his lower right leg on 4 October 2012.
Health and Safety Executive inspector, Toni Drury, described the incident as “entirely preventable”.
“Mr Gotts was injured by a jammed container when it suddenly freed and he sustained horrific and life-changing injuries,” he said, speaking after the hearing.
HSE investigation reveals safety failings
A subsequent HSE investigation into the incident exposed serious safety breaches which led to the prosecution of Harwich Dock Company.
At the time, Mr Gotts was part of an operation to unload containers from a ship which involved using the ship’s crane and chains on one of the dock company’s two berths within the Port of Harwich.
The agency worker was standing on an access platform on the deck of the ship as colleagues attempted to free a jammed container during a crane manoeuvre. The container moved suddenly towards Mr Gotts, pinning him against the handrail of the platform and crushing his leg.
Chelmsford Crown Court was told that Harwich Dock Company did not have a safe procedure locked in place for freeing jammed containers and that there was an absence of clear instructions as to who was in charge of the operation.
As a result, nobody asked Mr Gotts to vacate the danger zone as the container was freed.
The HSE investigation also revealed that workers were exposed to the risk of falls during the off-loading operations. Even though Harwich Dock Company had a policy that harnesses should be worn, dock workers would walk freely across the top of containers to attach chains with nothing to prevent falls.
Risk of containers jamming “well-known” in the port industry
HSE inspector, Mr Drury, said: “The risk of containers jamming is well-known in the port industry. There should have been a clear procedure known to the workers, including keeping people clear of the jammed container and having one individual designated to manage operations.
“If Harwich Dock company had properly assessed and managed the risks to all dock workers during the unloading of containers, and particularly to agency workers who are less familiar with tasks and settings, an alternative method of working would have been used and risks reduced. As it was, they were exposed to significant dangers exacerbated by failings in the company’s supervision.”
Mr Gotts, of Felixstowe, Suffolk, required extensive reconstruction surgery after the incident and, at this point in time, it is not clear as to when, or if, he will be fit for work.
Harwich Dock Company Ltd. pleaded guilty to two breaches of the Health and Safety at Work etc. Act 1974 and were subsequently fined. The company was also ordered to pay £14,761 in costs.
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