COI 269/W/08 19 May 2008

Rollover results in stark warning for plant hire firms from HSE

The Health and Safety Executive (HSE) is warning plant hire companies to ensure their vehicles are supplied in a safe condition after a Treharris company were prosecuted for hiring out an excavator without suitable rollover protection, and for failing to carry out pre- and post-hire checks on equipment and hirers.

Astra Plant Ltd of Heol Fawr, Nelson, Treharris, pleaded guilty Aberdare Magistrates’ Court, to charges under section 6 (1)(a) of the Health and Safety at Work etc Act 1974 in that they failed to ensure that mechanical equipment provided under a hire contract was safe for use. Additionally, they also pleaded guilty to a charge under section 6 (1) (c) in that they supplied Mr Kidd without adequate information in relation to the use of the excavator that detailed the conditions necessary to ensure that the excavator would be safely by Mr Kidd. The company were fined a total of £2,000 and ordered to pay £6,356.55 costs

The lack of suitable protection came to light when farmer Stephen Kidd from Ystrad Mynach, who had hired the excavator, rolled it over as he tried to level some uneven land on his property in July 2006. He was unable to jump clear as the machine rolled, trapping his leg underneath it for 40 minutes before being released by emergency services. He suffered crush injuries to his foot and ankle.

An investigation carried out after the incident showed that no checks had been made by Astra Plant Ltd to ensure that Mr Kidd was suitably trained to operate the machine before allowing him to hire it.

It was found that rollover protection had previously been fitted to the machine, but was absent at the time of hire. A number of other issues arose from the investigation including:

• Failures by the company to conduct pre-hire checks on its machinery except for fuel, oil and water checks.
• Failure to provide demonstration to Mr Kidd on how to operate the machinery at time of delivery
• Failure to provide written instructions, safety procedures or operating manual for the excavator

HSE inspector Sarah Baldwin-Jones said the excavator was provided to Mr Kidd in an unsafe condition, and the failures by Astra Plant to ensure that those hiring the equipment actually knew how to operate it contributed towards a potentially lethal situation.

“Excavators are at risk of rolling when they are used on uneven ground, and this one should have been fitted with the relevant rollover protection, which we found had been removed during the previous hire.

"Companies hiring out equipment like this need to ensure that those hiring it are competent and are using the right equipment for the job planned.

"This was a serious case, and the failings could well have resulted in more serious injury or death to Mr Kidd."

The company has since taken action to improve the checks it carries out on both equipment and hirers to reduce the risk of unsafe situations occurring in future.

Notes to editors:

1. Astra Plant Ltd were charged as follows:  "being a supplier within the meaning of the Health & Safety at Work etc. Act 1974, on the 24th July 2006 at Tir Twyn Farm, Tredomen, Ystrad Mynach, failed to comply with Section 6 (1)(a) and section (1) (c) of the above mentioned Act in that they had not ensured so far as is reasonably practicable, that the equipment supplied under a contract of hire, namely a Kebelko SK30SR excavator, serial number PW08-20197, was safe for use by a person at work, whereby the said supplier is guilty of an offence by virtue of Section 33(1)(a) and liable to a penalty under Section 33(1A) of the said Act as amended."
2. HSE Information sheet MISC156 provides practical advice for employers who hire, rent, lease or lend mobile work equipment in relation to compliance with their legal obligations under the Provision and Use of Work Equipment Regulations 1998. The Guidance highlights the requirements for the fitting of roll over protection structures. Further, it recommends that in dealing with their customers hire companies should discuss the job for which the equipment is required to check that a suitable machine is supplied.
3. Public enquiries: HSE Infoline – 0845 345 0055

Public enquiries:

Call HSE's InfoLine, Tel: 08701 545500, or write to: HSE InfoLine, Caerphilly Business Park, Caerphilly CF83 3GG.

Press enquiries (Journalists only):

0844 800 6823

HSE information and press releases can be accessed on the Internet: http://www.hse.gov.uk/

Issued on behalf of the HSE by COI NEWS and Wales