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 operated 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.

"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 case has highlighted the insurance implications for companies who either supply or use contract hire equipment.  Paul Coleman, of water industry insurance specialists Kingsbridge, comments

“Every employer has a legal obligation to prevent injury to their employees by providing suitable plant and equipment, and adequate training for employees in the use of such equipment. If the employer fails in this duty and an employee is injured as a result, a claim could be made against the company’s Employers Liability policy.

Employers have to ensure that any equipment that is used, whether owned or hired in, is fit for purpose and in proper working order with appropriate safety devices fitted.”