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Tue August 04 2020

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BAM Nuttall fined £140k after rail worker loses leg in lifting accident

1 Oct 14 BAM Nuttall has been fined £140,000 and ordered to pay costs of £42,700 following a prosecution by the Office of Rail Regulation (ORR).

The company pleaded guilty at Southwark Crown Court to breaching health and safety law during the replacement of a South London railway bridge, and causing a construction worker to suffer life changing injuries.

Back in 2010, BAM Nuttall was the principal contractor employed by Network Rail to demolish and replace Pouparts Bridge, located between Clapham Junction and Battersea Park in south London. The company had subcontracted the lifting elements of the work to Balfour Beatty Rail. On 27 December 2010, Balfour Beatty construction workers were preparing to lift a six-tonne steel and concrete 'L' shaped beam by crane from a railway wagon into its new position on the bridge. The beam toppled over as it was being unsecured from the wagon, crushing the legs of crane operator Ben Polidano just above the ankle on the floor of the rail wagon. He suffered severe injuries which led to one leg being amputated below the knee.

An ORR investigation found that BAM Nuttall had failed to assess the risks associated with loading and unloading the beams, and had not planned the activity appropriately. The company also did not provide information about the potential instability of the concrete beam to the workers carrying out the loading and unloading activities.

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Tom Wake, ORR's principal inspector of railways for the south east, said: “BAM Nuttall has a duty of care to protect its employees and sub-contractors from being harmed while working on their construction sites. In December 2010, the company failed to adequately plan the loading and securing of a steel and concrete beam for a bridge, weighing over six tonnes, on a railway wagon. This failing led to one of the beams toppling over, trapping a construction worker's legs just above the ankle when he was preparing it for lifting. As a result he suffered severe, life changing injuries, which led to one leg being amputated.

“ORR's investigation found that BAM Nuttall had not adequately planned, managed or monitored the loading, securing and unloading of these large and heavy beams. The company also failed to communicate the potential dangers to construction workers responsible for handling the beams. These serious failings are not acceptable conduct from a company in charge of high risk construction sites across Britain's railways.

“The safety of workers at rail construction sites is a top priority for the regulator. ORR inspectors are out on the railway network, monitoring rail and construction companies such as BAM Nuttall, to ensure safety is not compromised.”

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