Legal News

Kenneth Brown, a 64 year old banksman (reversing assistant), was knocked down by a cherry picker while working at the Sellafield nuclear plant as a contractor for Johnson Controls.

In the accident, his left leg was crushed and had to be amputated above the knee. His personal injury solicitors managed to agree a seven figure compensation payment from Johnson Controls for his injuries.

Kenneth Brown was employed by Johnson Controls as a mechanical fitter at the Sellafield site. At the time of the accident, Mr Brown was working as a banksman. His task was to guide a mobile elevated working platform, also known as a cherry picker. The cherry picker was being operated by another contractor from Johnson Controls.

The accident occurred when Mr Brown was walking along a walkway and directing a cherry picker when, without warning, the driver moved forward and crushed Mr Brown’s left leg. Mr Brown sustained serious crush injuries and there was no option but to amputate his leg.

An investigation by the Health and Safety Executive (HSE) found that Johnson Controls Ltd were guilty of several health and safety legislation breaches. Johnson Controls’ contractors and staff had been directing cherry pickers for around 14 months, but during that time no-one had received any formal training. The only advice given by Johnson Controls was that the banksmen should wear high visibility clothing.

Until this incident, Johnson Controls had an “‘unblemished safety record”. The judge at the hearing commented that Johnson Controls did have well-established health and safety procedures, and its staff were routinely instructed in other areas.

Johnson Controls pleaded guilty to a breach of Section 2(1) of the Health and Safety at Work Act 1974. This section sets out the requirement for employers to ensure the safety, health and welfare of all their employees. Section 2(1) also states that it is the duty of employers to provide “information, instruction, training and supervision” to ensure the health and safety of all employees.

Even though Johnson Controls had failed to provide proper training, and that they admitted failing to ensure the safety of its employees, their legal representatives initially alleged that Mr Brown was responsible for his own actions and partly to blame for the accident.

Mr Brown was a member of Unite, who represented him. Mick Whitley, the regional secretary for Unite, said: "Mr Brown has suffered horrific injuries because his employer ignored fundamental health and safety procedures. It is completely unacceptable for an employer to shirk responsibility and try to blame the injured worker in any case.

But it is staggering that Johnson Controls Ltd would use such a cynical tactic to try and cut their compensation bill considering the life changing injuries he suffered as result of its negligence.”

Since the incident and subsequent investigation, the Health and Safety Executive has issued Johnson Controls Ltd with an improvement notice which covers several health and safety breaches.

The improvement notice has ordered Johnson Controls to design and implement new health and safety procedures for the operation of mobile elevated working platforms with banksmen, and has demanded that proper training is provided to all affected staff.

If you have been injured at work and require legal aid, Duncan Lewis Personal Injury Solicitors are able to provide no win, no fee lawyers in some cases. Get in touch today.