A Dundee engineering firm has been fined £25,000 after a blacksmith had to have part of his leg amputated following a horrific accident at its premises.
Kenneth McIntosh was almost killed as a result of the accident at D Copeland Engineering on Noble Road, West Gourdie Industrial Estate in June, 2017.
Dundee Sheriff Court was told how Mr McIntosh now suffers “constant pain” after being seriously injured while working with a colleague to turn an insecure seabed platform on which they were working.
Sheriff Paul Brown said: “The complainer suffered particularly severe, life-changing injuries.
“He had to endure the traumatic loss of lower limbs and suffers chronic pain.
“The other worker was very fortunately able to jump clear of the accident.
“I am of the view I must impose a substantial financial penalty in this case to bring home the need to comply with health and safety legislation.”
Accident described in court
The company previously pled guilty to breaching health and safety regulations, which led to Mr McIntosh’s injuries.
It was revealed how the lower part of Mr McIntosh’s right leg up to the knee had to be amputated, as well as part of his left foot.
Mr McIntosh, who worked for the firm for several years on an ad-hoc basis, underwent four operations and remained in Ninewells Hospital for three months.
He can no longer work as a blacksmith due to the extent of his injuries.
Work on the platform had been carried out over several days prior to the accident.
Fiscal depute Nicola Gillespie said previously : “After about 10 minutes of welding, both men felt it moving and Mr McIntosh’s colleague was able to move clear but Mr McIntosh was unable to move quickly enough down to the position where he had been working.
“Other members of staff acted quickly and an ambulance was called for.
“Mr McIntosh remained in hospital until September 8, 2017.
“He remains in constant pain and does not anticipate any improvement.
“He has to sleep downstairs in the living room and will not be able to work again as a blacksmith.”
Firm admits breaches
An investigation was launched by the Health and Safety Executive.
It concluded the company should not have been using forklifts as temporary supports when working underneath the platform.
The company pled guilty to failing to ensure the health and safety of employees between June 19 and 23, 2017.
The firm admitted failing to provide and maintain a safe system of work for turning and supporting dolphin jackets – marine structures for mooring points – then being fabricated and welded by their employees.
On June 23, 2017, one of the dolphin jackets moved in an uncontrolled manner and trapped Mr McIntosh beneath, causing him severe injury, permanent disfigurement and permanent impairment.
Company’s regrets
The court was told how Mr McIntosh was compensated financially by the company following the accident.
Solicitor advocate Mark Donaldson, defending, said previously: “The company deeply regrets that Mr McIntosh suffered such injuries and it has significantly affected all of those involved.
“The company have a good safety record.
“They reacted appropriately to what has happened and have taken steps to prevent reoccurrence.”
D Copeland Engineering Ltd was ordered to pay £25,000 within 18 months.