Council fined after worker's arm crushed by lorry

Falkirk Council has been fined £70,000 after a mechanic's arm was crushed under a bin lorry when its air suspension failed.

Michael Paul, 27, was working in an inspection pit beneath the lorry at the council's fleet maintenance workshops in Grangemouth when the vehicle body dropped suddenly.

It trapped and crushed Mr Paul's right forearm between parts of the front axle and the suspension.

The council admitted failing to maintain a safe system of working at the depot, in contravention of the Health and Safety at Work Act.

The court heard that a safety alert had been circulated by the Health and Safety Executive less than two years earlier, after a number of serious incidents involving vehicles with air suspension.

The notice had been received by the council but the authority had not made sure that all staff – including Mr Paul – were aware of it or its contents.

Prosecutor Richard Brown told Falkirk Sheriff Court that a second mechanic working at ground level on the truck narrowly escaped being struck.

Colleagues who heard a bang and Mr Paul's screams for help fought for 10 minutes with tools, jacks and a forklift truck to free him, before he was taken to Forth Valley Royal Hospital and transferred to Glasgow Royal Infirmary.

The incident happened about 13:25 on 23 February, 2022.

Mr Paul's elbow bone was fractured and he required a number of operations, including repairs to the bone and tendons.

The pain was so intense he cracked a tooth, leading to a major abscess, which meant a surgical drain had to be inserted in his neck, leaving a scar.

He remains under the care of a plastic surgeon, has restricted movement in the damaged arm, had to learn to write with his left hand, and has had to learn to drive an automatic car.

The court was told that Mr Paul has not worked since the incident, but hopes to retrain for a new line of work.

Barry Smith KC, defending, said the council expressed its "sincere regret that its hitherto unblemished safety record is no longer so".

He said the accident could have been avoided if a propping system had been put in place.

Imposing the fine, Sheriff Maryam Labaki said Mr Paul had been left with "life-changing" injuries.

"Sadly and tragically, this was an avoidable incident," she said.