An Aberdeenshire firm has been fined over safety failings after an employee suffered life-changing injuries in a fall at work.
Raymond Winton was working for EFAB Limited at the time of the incident, guiding and loading a “shiplift structure”, suspended from a crane, onto a flatbed lorry.
Mr Winton fell from the trailer and, with no safety netting or harness in place, suffered serious injuries, which still affect him now more than five years after the accident.
It happened at Fraserburgh Harbour on March 4 2019.
Fiscal depute Gavin Callaghan told Aberdeen Sheriff Court Mr Winton had worked for the company for 19 years as an HGV driver.
On the day in question, his job had been to transport ship cradle parts from Fraserburgh Harbour to EFAB’s premises in Kintore for refurbishment.
As he was guiding one of the pieces of equipment onto the flatbed, Mr Winton fell.
Ongoing health issues from fall
His colleagues did not see him fall, and he has been unable to confirm how the fall happened due to memory loss.
As a result of the fall, Mr Winton suffered a fractured skull, subdural haematoma, subarachnoid haemorrhage, a complex fracture to his right elbow, multiple complex facial fractures and an optical haematoma/haemorrhage.
Five years on, he still has ongoing issues with his right arm with only 55% movement which is not expected to improve further.
He has also developed arthritis in his right arm.
The head injury has not healed properly either, causing confusion, mental health difficulties and sleep issues.
His GP advised he would not be able to return to his old job as an HGV driver, but he has managed to find work as a taxi driver.
A Health and Safety Executive (HSE) investigation found the underlying cause of Mr Winton’s fall was that reasonably practicable control measures that would have prevented him falling were not provided.
Mr Callaghan said these included safety netting and a harness.
Series of safety failings
Aberdeen Sheriff Court was told EFAB Limited was no longer operating and had kept money aside to pay a fine but would be formally wound up at the conclusion of the proceedings.
The firm pled guilty to a charge under the Health and Safety at Work etc Act 1974 of failing to ensure, as far as reasonably practicable, the health, safety and wellbeing of staff at work.
The specific failings listed in the charge were:
- Failure to carry out a suitable and sufficient risk assessment
- Failure to ensure work at height on the flatbed trailer was carried out in a manner which was, as far as reasonably practicable, safe
- Failure to provide employees engaged in the loading work with information, instructions and training in relation to working at height as required to ensure their health and safety
- Failure to provide suitable and sufficient supervision and monitoring of the loading, exposing employees to a risk of falling a distance liable to cause injury
Defence agent Mark Donaldson said EFAB accepted full responsibility for the breaches and had a previously unblemished safety record.
He said: “The circumstances of this accident and the fact Mr Winton was seriously injured caused significant concern and deep regret.”
The solicitor advised that the company took steps following the accident to ensure there would be no repeat.
‘The justice system has let us down’
Mr Donaldson added that separate civil proceedings had already taken place over the incident some time ago.
Sheriff Christine McCrossan fined EFAB, of Johnstone House, Rose Street, Aberdeen, £8,000.
After the case, Mr Winton’s family released a statement, hitting out at the fine.
They said: “The justice system has let us down.
“Raymond Winton has been left with life-changing injuries and they won’t get better. I feel that this was not taken into consideration.
“Nobody has contacted us from the company to see how he is and they terminated his contract with the company due to incapacity, which was not his fault. He worked for them for 19 years.”
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