Skip to main content
IOSH Magazine: Safety, Health and Wellbeing in the world of work - return to the homepage IOSH Magaazine logo
  • Visit IOSH Magazine on Facebook
  • Visit @ioshmagazine on Twitter
  • Visit IOSH Magazine on LinkedIn
How Jacobs keeps mental health in check
Th brilliance of resilience
January/February 2023 issue

Main navigation

  • Home
    • Browse previous issues
    • Member accolades
    • Member tributes
  • Health
    • Mental health and wellbeing
      • Bullying
      • Drugs and alcohol
      • Mental health
      • Stress
      • Wellbeing
    • Musculoskeletal disorders (MSDs)
      • Ergonomics
      • Manual handling
      • Vibration
    • Occupational cancer
      • Asbestos
      • Hazardous substances
      • Radiation
  • Safety
    • Incident management
      • Chemicals
      • Electricity
      • Fire
      • First aid
      • Slips and trips
    • Non-health related fatalities
      • Road safety
      • Work at height
    • Risk management
      • Confined spaces
      • Disability
      • Legionella
      • Lifting operations
      • Lone workers
      • Noise
      • Personal protective equipment
      • Violence at work
      • Work equipment
      • Workplace transport
  • Management
    • Human factors
      • Accident reduction
      • Behavioural safety
      • Control of contractors
      • Migrant workers
      • Older workers
      • Reporting
      • Safe systems of work
      • Sickness absence
      • Young workers
    • Leadership and management
      • Employee involvement
      • Management systems
    • Management standards
      • ISO 45001
      • ISO 45003
    • Planning
      • Assurance
      • Compliance
      • Emergency planning
      • Insurance
    • Rehabilitation
      • Personal injury
      • Return to work
    • Strategy
      • Corporate governance
      • Performance/results
      • Regulation/enforcement
      • Reputation
    • Sustainability
      • Human capital and Vision Zero
  • Skills
    • Communication
    • Personal performance
      • Achieving Fellowship
      • Career development
      • Competencies
      • Personal development
      • Professional skills
      • Qualifications
    • Stakeholder management
    • Working with others
      • Leadership
      • Future Leaders
  • Jobs
  • Covid-19
  • Knowledge Bank
    • Back to basics
    • Book club
    • Infographics
    • Podcast
    • Reports
    • Webinars
    • Videos
  • Products & Services
  • Management
    • Human factors
      • Sickness absence
      • Accident reduction
      • Behavioural safety
      • Control of contractors
      • Migrant workers
      • Older workers
      • Reporting
      • Safe systems of work
      • Young workers
    • Leadership and management
      • Employee involvement
      • Leadership
      • Management systems
    • Management standards
      • ISO 45001
      • ISO 45003
    • Planning
      • Assurance
      • Compliance
      • Emergency planning
      • Insurance
    • Strategy
      • Corporate governance
      • Performance/results
      • Regulation/enforcement
      • Reputation
    • Sustainability
      • Human capital and Vision Zero
  • Health
    • COVID-19
    • Mental health and wellbeing
      • Bullying
      • Drugs and alcohol
      • Mental health
      • Stress
      • Wellbeing
    • Musculoskeletal disorders (MSDs)
      • Ergonomics
      • Manual handling
      • Vibration
    • Occupational cancer
      • Asbestos
      • Hazardous substances
      • Radiation
  • Safety
    • Incident management
      • Chemicals
      • Electricity
      • Fire
      • First aid
      • Slips and trips
    • Non-health related fatalities
      • Road safety
      • Work at height
    • Risk management
      • Confined spaces
      • Disability
      • Legionella
      • Lifting operations
      • Lone workers
      • Noise
      • Personal protective equipment
      • Violence at work
      • Work equipment
      • Workplace transport
  • Skills
    • Communication
    • Personal performance
      • Career development
      • Competencies
      • Personal development
      • Qualifications
      • Professional skills
      • Achieving Fellowship
    • Stakeholder management
    • Working with others
      • Leadership
      • Future Leaders
  • Transport and logistics
  • Third sector
  • Retail
  • Mining and quarrying
  • Rail
  • Rehabilitation
    • Personal injury
    • Return to work
  • Utilities
  • Manufacturing and engineering
  • Construction
  • Sector: IOSH Branch
    • Sector: Northern Ireland
    • Sector: Midland
    • Sector: Merseyside
    • Sector: Manchester and North West Districts
    • Sector: Ireland East
    • Sector: Ireland
    • Sector: Edinburgh
    • Sector: Desmond-South Munster
    • Sector: Qatar
    • Sector: Oman
    • Singapore
    • Sector: South Coast
    • Sector: South Wales
    • Sector: Thames Valley
    • Sector: Tyne and Wear
    • Sector: UAE
    • Sector: West of Scotland
    • Sector: Yorkshire
  • Healthcare
  • Sector: Fire
  • Sector: Financial/general services
  • Sector: Energy
  • Education
  • Sector: Communications and media
  • Chemicals
  • Sector: Central government
  • Catering and leisure
  • Agriculture and forestry
  • Sector: Local government
  • Sector: IOSH Group
    • Sector: Financial Services
    • Sector: Sports Grounds and Events
    • Rural industries
    • Sector: railway
    • Public Services
    • Sector: Offshore
    • Sector: Hazardous Industries
    • Sector: Food and Drink
    • Sector: Fire Risk Management
    • Education
    • Construction
    • Sector: Aviation and Aerospace
Quick links:
  • Home
  • Categories
  • Topics
  • Management
  • Human factors
  • Safe systems of work
Workplace transport
Transport and logistics
News

*UPDATED* Container terminal in the dock over freight carrier injuries

Open-access content Friday 3rd March 2017

*UPDATED* Container terminal in dock over freight carrier injuries

LCT had failed to provide barriers to prevent vehicles falling into an excavation and did not warn the drivers of the digging works. As a result, all of the drivers working in the vicinity of the excavation were exposed to the risk for several days.

On 16 November 2014, one of the workers inadvertently drove his straddle carrier -- a vehicle used in the port terminal for stacking and moving freight and shipping containers -- into the excavation, which was approximately 0.6 m deep.

The carrier toppled over and the driver sustained serious injuries. These included a head injury that required 29 clips in a laceration; a chest injury, including bruising of the left lung and two fractured ribs; a T2 (second thoracic vertebra) fracture of the spine; and a shoulder injury. He still suffers from post-traumatic stress disorder.

The HSE investigation found that repair work on the dock area involved repairing the surface sections of AA Block and the roadway between AA and DW Blocks. Two companies: 1 to 1 Services and Macadamac Surfacing, both based at the Tilbury complex, were employed to carry out the repair work. 1 to 1 undertook the initial excavations and Macadamac carried out the tarmacking, but due to poor weather this had not been completed.

There were four excavation areas: two in AA Block and two in the roadway between AA and DW Blocks. In the area where the incident took place (AA Block behind the Quay Crane) the excavation was marked by four cones, blue rope and small roadwork lights. However, the lighting in and around the area was poor and after a day of heavy rain, the excavation was full of water, concealing its depth.

In addition, on the morning of 16 November, the daily/shift briefings failed to warn the drivers of the civil works taking place. Later that evening, around 7pm, the driver was operating a straddle carrier from a cab 15 m above ground.

He had just deposited a container at the back reach of the Quay Crane when he turned and drove into the unguarded excavation. Due to the poor light and weather conditions, he had failed to see the road cones, small flashing lights or the ticker tape marking out the excavation. Also, from the height of the cab, it would have been impossible to distinguish a puddle on the dock to an excavation full of water.

LCT, which is part of Forth Ports Group, initially denied breaching s 2(1) and 3(1) of the Health and Safety at Work Act. However, three days into a three-week trial that began on 6 February 2017 at Basildon Crown Court, the company changed its plea to guilty.

Sentencing on 20 February, Judge David Pugh, said the excavation was big enough to "swallow a small family car".

Judge Pugh determined LCT's culpability as medium. The seriousness of the harm risked was level A and the likelihood of the harm arising was medium (harm category 2).

At the time of the incident, LCT had ceased trading but was wholly owned by the Port of Tilbury London. Setting the starting point for the fine, the judge said that when the Port of Tilbury London had taken over LCT, it had the option of leaving it with money to pay the fine but had chosen instead to pay whatever fine was imposed.

The Port of Tilbury London was classified as a large organisation; its turnover was £100m and a starting fine of £240,000 was imposed. However, as LCT's turnover was at the lower end of the medium company scale, the judge then reduced the fine to £200,000. While no members of the public were put at risk, and the workers at risk were limited, he found the breach was a significant factor in the cause of the incident and so increased the fine to £250,000.

Judge Pugh then took into account that, aside from the worker's injuries, there were no aggravating features. LCT had no previous convictions, it had co-operated with the HSE investigation, had a good health and safety record and had voluntary introduced new procedures following the incident. The fine was then adjusted to £210,000.

Finally, he determined whether the fine was proportionate. As LCT was making a substantial loss at the time of the incident but had assets over £21m, combined with the Port of Tilbury London's turnover, he determined that no further reduction was required. However, he did account for the guilty plea, adding that the company had saved court time.

The final penalty was set at £90,000 for each of the two counts under the Health and Safety at Work Act. In addition, it was asked to pay costs of £73,206 and a victim surcharge of £120.

HSE inspector Nicola Jaynes told IOSH Magazine that immediately after the incident, LCT installed barrier boxes around all the civil works on the terminal.

"They also improved their briefing system of information provided to staff to ensure all civil works were included in daily/shift briefings and have looked at [improving] the lighting on the terminal."

Topics
Safe systems of work
Workplace transport
Transport and logistics
News

You might also like...

Share
  • Twitter
  • Facebook
  • Linked in
  • Mail
  • Print

Latest Jobs

Project Health and Safety Manager

London (Central)
Up to £400.00 per day
Reference
5452796

Health and Safety Advisor – Career Progression role

Chesterfield
£26,824.02 and progressing through increments to £30,785.23
Reference
5452792

Regional Health and Safety Advisor

Newmarket
£43000 - £48000 per annum + Car and Benefits
Reference
5452785
See all jobs »

Today's top reads

Sign up for regular e-alerts

Receive the latest news and features, free to your inbox

Sign up

Subscribe to IOSH magazine

Receive the print edition straight to your door

Subscribe
IOSH Covers
​
FOLLOW US
Twitter
LinkedIn
YouTube
CONTACT US
Contact us
Tel +44 (0)20 7880 6200
​

IOSH

About IOSH
Become a member
IOSH Events
MyIOSH

Information

Privacy Policy
Terms & Conditions
Cookie Policy

Get in touch

Contact us
Advertise with us
Subscribe to IOSH magazine
Write for IOSH magazine

IOSH Magazine

Health
Safety
Management
Skills
IOSH Jobs

© 2023 IOSH • IOSH is not responsible for the content of external sites

ioshmagazine.com and IOSH Magazine are published by Redactive Media Group. All rights reserved. Reproduction of any part is not allowed without written permission.

Redactive Media Group Ltd, 71-75 Shelton Street, London WC2H 9JQ