Contractor on trial over site worker’s arm loss

AGROUNDWORKER lost an arm after being told to break down a reinforced beam with a disc cutter, a court has heard.

Morgan Prosser, 31 at the time, suffered the horrific injury in spring 2017 while under the watch of Helston-based company MJL Contractors.

MJL Contractors is currently on trial at Truro Crown Court charged with a risk to health and safety offence in a prosecution brought by the Health and Safety Executive.

Prosecuting the case, Sean Brunton, QC, described how the incident took place at Wainhomes’ Borough View development in Bodmin and that Mr Prosser was one of the groundworkers managed and supervised by MJL.

Mr Prosser, usually a tipper driver, had been at the site for five weeks and was described as “a conscientious worker”.

On the day in question, he was using a disc cutter which kicked back and severed an artery, muscle and tendon, resulting in his right arm being amputated.

Mr Brunton said: “Mr Prosser went through a number of operations but had to have his arm amputated, something that had a drastic effect on his work prospects and personal life. Some accidents are wholly a coincidence whereas some could have been avoided, and we say this is one such accident. People are entitled to work in a place that is safe to carry out tasks that have been properly considered and risk assessments carried out.

The defence told the court, however, that there was no legal obligation for the groundworker to have been trained to use the disc cutter.

The Health and Safety Executive alleges that the accident was preventable and that the task came about after another worker bent reinforced beams and it was decided they would be cut down to be used at another job.

Mr Brunton told the jury that the task was not a usual one, and that there was no risk assessment carried out, rather Mr Prosser was tasked with cutting them down and left to his own devices before the accident happened.

Opening the defence case for MJL, James Ageros said: “There is no legal obligation to provide training or to have a certificate of competence for a groundworker to use power tools on a construction site.

“Morgan Prosser was competent and equipped with the skills needed to do the job safely. It was implied he had never used a disc cutter before, but such tools are standard for groundworkers.” The barrister added that during training Mr Prosser would have learned the core skills to operate a disc cutter, no matter what he was asked to cut.

Mr Ageros said: “This is a dangerous tool but this is his living, what he does.

“He cut through 18 beams successfully before he came to this beam, which was the penultimate one. The fact he had cut 18 shows Mr Prosser was capable.”

Mr Ageros pointed out Mr Prosser was due to go on holiday shortly after the incident, implying that he may not have been totally concentrated. He said MJL accepted the need for a degree of supervision, but, given Mr Prosser’s skills and experience, did not feel it necessary to stand over him.

MJL Contractors denies any wrongdoing.

The trial continues.