Newport-based manufacturing firm A.J. Wells & Son has been fined £200,000 after a health and safety incident, involving a trolley laden with sheets of steel, led to an employee losing his left foot.
A.J. Wells & Son admitted charge of employer fail to discharge general health, safety and welfare duty to employee, contrary to sections of the Health and Safety at Work etc. Act 1974, when they appeared at the Isle of Wight Magistrates Court earlier today (Tuesday).
Since 1972, the firm have specialised in the manufacture and installation of signage, cladding and vitreous enamel products – including all the signage for London Underground.
Ashraf Khan, prosecuting on behalf of the Health and Safety Executive (HSE), told the court that the incident in question occurred on 15th August 2023 at the company’s headquarters on Bishops Way in Newport.
The court heard how the complainant, aged 23 at the time, had been employed by the firm for 12 months and worked in the laser department. The job role would see individuals cut steel sheets using a laser cutter before knocking them by hand and then folding them in a press.
Once the process – which was described in court as ‘integral to the business’ – was completed, the sheets, known as ‘outers’, were loaded onto a trolley.
Upon loading the trolley and attempting to move it, the trolley toppled and it – plus the approximate 500kg load placed upon it – fell on the complainants lower left leg in what was described as a ‘severe crush’.
Mr Khan told the court that the complainant was pulling the trolley across the shop-floor when it struck an unknown object and toppled over. The load upon the trolley was not secured and there was no working load marking or mechanism, the court heard.
The complainant was taken to hospital were it was determined that amputation of his left foot was the best course of action. He also sustained a dislocated left knee and lacerations to his right foot.
Those present in court, including all 4 directors of A.J. Wells & Son, heard how a HSE Inspector found a number of systematic failures following a thorough inspection, which included a failure to review select work practices following an earlier incident involving an incorrectly stacked trolley back in 2021.
Following the 2021 incident, one worker said “we all just carried out using the trolleys as we always had”.
The investigation found there was no specific task training and that training offered was generic. The investigation also found that the trolleys, manufactured in house with 4 individually moving wheels and no handle, didn’t meet the requirements of the Provision and Use of Work Equipment Regulations Act (1998).
Mr Khan did note that effective remedial action had been taken – including the introduction of new electric pump trucks – and that the firm had been very co-operative with the Health and Safety Executive.
Edd Hetherington, on behalf of A.J. Wells & Son, who were awarded their second Kings Award last year, told the court that the company had no previous convictions and that whilst training was not formally documented, staff were given instruction ‘on the job’.
He also went on to add that the complainant remains employed by the company, albeit in a different job role, and that they were compensated following the incident.
Handing down his sentence, a District Judge told the court that the victim in the case had been left with a life-changing injury and that the trolley he was using was ‘inadequate’.
A.J. Wells & Sons were fined £200,000 and ordered to pay costs of £9,056 and a £2,000 surcharge fee.
The District Judge ordered the fine be paid in quarterly instalments over the next 12 months.
In response to today’s court case, the directors at A.J. Wells & Son have told Island Echo:
“We, the directors and shareholders of A.J. Wells & Sons, wish to express our deepest remorse for the injury sustained by one of our employees in 2023. This incident has saddened and shaken us and has been one of the worse mes in our 53 years of business.
“We have always felt passionately about manufacturing on the Isle of Wight and providing meaningful, local employment.
“With that we take seriously the need to value, care for, and protect our staff – this sense of responsibility is deeply rooted in our Chrisitan faith.
“That we fell short in this instance is something we sincerely regret and has acted to further reinforce our commitment to our employees’ wellbeing. This employee continues to remain a valued member of our team and is being supported as he makes a phased return to work.”
I am very surprised the fine was not more. They must have a health and safety manager, carrying out regular risk assessments and documenting. They need to get a qualified H & S not someone who has done a quick course on line.
some places simply cannot afford a fully paid H and S role – it is normally a bolt on job to an existing managers role.
That’s no excuse, they should not be allowed to
trade then.
Too many island companies makes huge profits
and don’t want to pay their way.
Another armchair expert, yawn
I have been saying for years Health and Safety on the island is
Sh*t
Proof in the pudding.
Look at scaffolding Companies on the island
no Numpty wears safety equipment and they throw
clamps etc down even when people are walking by.
Not to mention their ILLEGAL parking on Pavements
and Double Yellow Lines that cause hazards to
pedestrians and other motorists.
Devolution will solve the problem, the island authorities are
clueless.
someone seems bitter – bet you are a disgruntled ex employee, that felt the world owed you a living and heaven forbid you actually work at the place that pays you your salary.
it is not a prison sentence – you can leave at any time, you voluntarily agreed to the job description and salary – deliver on it or quit
You sound like a typical DEFORMer.