Worker’s life saved by clothes tearing

Apr 25 2008 by Sam Wood, The Journal

A QUARRY company and one of its employees have been fined after an accident which “could have killed” another worker.

Prudhoe-based W&M Thompson (Quarries) Ltd and Alan Armstrong, of Ashbourne Drive in Coxhoe, Durham, admitted breaching safety regulations when they appeared at Bishop Auckland Magistrates Court yesterday. The case followed an investigation by the Health and Safety Executive into an accident at the Bishop Middleham quarry in County Durham on May 1 last year.

The court heard that on May 1, David Luke, 28, of Trimdon in County Durham, was using equipment to suppress dust when he got his clothes caught in the machine. He was dragged towards it and was only saved when his clothes ripped and released him.

Earlier, a metal guard, which would have prevented the accident, had been removed because it was broken.

Mr Luke, who is still employed by the company, was in hospital for six days after the accident. He suffered severe bruising to his body and back, three cracked ribs and bruised lungs.

Health and safety inspector Martin Baillie told the court that Mr Luke was using a pump which sprayed water to stop dust building up and which was powered by a shaft. He said: “He tried to extend the shaft but the guard had been damaged so it could not be extended. Mr Luke informed Mr Armstrong that he could not extend the shaft. They tried to fix the guard but couldn’t, so it was pulled off the machine and thrown to one side.

“Mr Armstrong told Mr Luke he would have to run it as it was.”

Mr Luke began work again but needed to stop to turn a lever on the machine, the court heard.

Mr Baillie continued: “As he reached for the lever his unfastened high visibility vest caught on the shaft. It then caught on the jacket and polo shirt, tightening around his neck before fortunately ripping them off and wrapping themselves around the shaft.

“He was lucky, if his clothes hadn’t ripped he could have been killed.

“The guard had been damaged at some point up to three weeks before the accident. There were no checks on it.”

The court was told that Thompsons were negligent for not checking the guard and that Mr Armstrong, who was in charge of the site, should not have instructed Mr Luke to use the machinery once the guard had been removed. A replacement guard could have been on site within 40 minutes, Mr Baillie said.

Alison Shepherd, defending Mr Armstrong, said: “My client wishes to express his regret. He admits full responsibility and has co-operated fully with the HSE investigation. He felt Mr Luke was fully trained and capable after training him on the machine himself. It was a misjudgment rather than a flagrant breach.”

Tim Hill, defending W&M Thompson said: “They pass on their apologies. They are a responsible company and have co-operated fully. They improved their safety regime within two days of this accident happening.”

Magistrates fined Mr Armstrong £1,215 plus £500 costs and W&M Thompson £3,000 plus £1,756 costs.