Keeping it stable
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People who operate lorry-mounted cranes must use stabilising equipment correctly to ensure they stay safe Words: Chris Tindall In August 2011 in south Wales, Martin Sapec was standing on the back of a flatbed lorry fitted with a crane helping a co-worker unload scaffolding materials when the vehicle became unstable, tipping him off.
Sapec was hit by a load of boards and tubes, which resulted in a broken pelvis and ankle. He is still off work with his injuries.
A Health and Safety Executive (HSE) prosecution established that the crane operator, Wayne Ford, had failed to extend a stabilising outrigger that would have provided balance while the crane was in operation.
He was fortunate the incident did not result in Sapec's death, although it led to Ford being fined £1,000 and ordered to pay £1,000 in court costs.
However, in this respect Ford was again lucky: the HSE says the maximum sentence for an offence relating to not operating an outrigger correctly is an unlimited fine and a two-year prison sentence.
HSE inspector David Kirkpatrick says: "Mr Sapec sustained serious injuries in this incident, and could easily have been crushed and killed by the lorry when it toppled over. Operators of vehicle-mounted cranes must ensure the safety of people they are working with by using the equipment in the proper manner. Had the extending outriggers been used for their intended purpose, the incident could have been avoided. It was wholly preventable on that basis."
Employee failures Amy Cameron, solicitor at health and safety specialists Moore Blatch Resolve, says cases involving the safe operation of machinery, safety of vehicles and their loads, are becoming increasingly common.
"We have dealt with a number of cases in which employee failures have led to significant accidents involving unsafe operation of machinery and insecure loads, both when the load is being used or operated, such as in this case, and also when it is being transported," she says.
Cameron explains that safe operation is dependent on a triumvirate of staff receiving adequate training, the existence of adequate risk assessments, and safe systems of work and procedures being in place. All of these must then be implemented and adhered to by the employee.
Failing to abide by these rules can result in needless deaths and huge fines.
Employers must ensure that task-specific risk assessments are carried out and implemented in relation to the particular risk involved. In addition, suitable training in these tasks is invaluable and employers must ensure all relevant members of staff are aware of their obligations.
Cameron says: "This applies to everyone from the one-man band, who will need to be responsible for every aspect of compliance and documentation, through to larger companies where the focus on staff training will take on additional importance."
Destabilising forces The Association of Lorry Loader Manufacturers and Importers (ALLM I) trains 3,500 people a year in safe lorry loading and says that stabilising vehicles with the use of outriggers is a key component of its courses.
Chief instructor Alan Johnson says there are four factors that govern the capacity for a lorry-loading vehicle to sustain destabilising forces: the type of ground the lorry is on; the type of load being suspended; the controls being used smoothly; and the stabiliser being deployed.
"Employers often overlook the fact that managers and supervisors must also be trained in the use of the equipment the employee is using. Therefore ALLMI has created a course specifically for them," he explains.
Golden rule "The golden message is always refer to the manufacturer's instructions, we always say that the stabiliser legs should always be fully deployed out on both sides. The only exception is if there's a stabiliser monitoring device fitted, or the manufacturer's instructions advise something to the contrary."
But being able to prove that everything possible was done to minimise the risk is vital for a company's defence when in court or at a public inquiry.
Cameron concludes: "Transport companies must not only comply with detailed legal requirements but they must also have robust reporting procedures in place chronicling their compliance.
"The better the system of prevention then the better the company's position if an unfortunate accident occurs and someone is injured. It is not enough to simply have generic risk assessments covering a range of activities." • Amy Cameron says accidents can happen to the most vigilant of companies.
A recent prosecution the law firm was involved in concerned a waste disposal company that had failed to separate the movement of pedestrians and vehicles and led to the death of a contractor.
"The investigation showed there had been a risk assessment, which placed the movement of vehicles and personnel as being in the highest risk category, however the company had failed to apply this," she says.
The company was found guilty of a "serious culpable oversight" under Section 3 of the Health and Safety at Work Act 1974 and was fined £190,000, ordered to pay £10,000 compensation to the contractor's widow, as well as £50,000 towards prosecution costs.
RELEVANT LEGISLATION The Health and Safety at Work Act 1974 is the primary piece of legislation that covers occupational health and safety in the UK.
However, from that piece of law follow regulations that place duties on people specifically involved in operating, controlling or owning work, and lifting equipment.
These are the Provision and Use of Work Equipment Regulations 1998 (PUWER) and the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER).
PUWER requires that work equipment is suitable for its intended use, is safe and regularly maintained and inspected and is used only by people who have received adequate training.
LOLER requires that any operation involving lifting equipment is properly planned by a competent person, appropriately supervised and carried out in a safe manner. It also demands that lifting equipment is fit for purpose, appropriate for the task and often subject to statutory, periodic, thorough examination.
Further information 1 The Association of Lorry Loader Manufacturers and Importers (ALLMI): allmi.com/ ALLMI has worked with the HSE to produce this guidance on the correct use of lorry Loaders: allmi.com/images/downloads/Guidance-on-the-Safe-Use-of-Lorry- Loaders.pdf Health and Safety at Work Act 1974: hse.gov.uk/legislation/hswa.htm PUWER: hse.gov.uk/work-equipment-machinery/puwer.htm LOLER: hse.gov.uk/work-equipment-machinery/