Building firm guilty after accident cost man his arm

AFORMER groundworker who lost an arm following an accident with a disc cutter has slammed the contractors in charge of him – saying they prioritised saving a few quid over his health and safety.

Morgan Prosser, 31 at the time, suffered the horrific injury in summer, 2017, while under the watch of Helston-based company MJL Contractors. The disc cutter he was using to cut reinforced concrete beams kicked back.

MJL Contractors was yesterday convicted of causing a risk to health and safety in a case brought by the Health and Safety Executive.

After a trial lasting nearly two weeks, the company – with a turnover of between £10 million and £50 million – was fined £250,000 and ordered to pay £100,000 in costs.

Following the incident, Mr Prosser underwent two years of operations, and suffered infections. The arm was eventually amputated, leaving him to rebuild his life.

Prosecuting the case at Truro Crown Court, Sean Brunton, QC, described how the incident took place at Wainhomes’ Borough View development in Bodmin, and that Mr Prosser – usually employed as a tipper driver – was one of the groundworkers managed and supervised by MJL.

He had been at the site for five weeks and was described as “a conscientious worker”. Throughout the trial, the jury was told how Mr Prosser was regarded as one of the best groundworkers on the site at the time. On the day in question, he was using a disc cutter which kicked back and severed an artery, muscle and tendon.

Opening the case, Mr Brunton said: “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.

“This task (the cutting of the beams) was a dangerous one and not a usual one.”

Mr Brunton added that the task was never planned or discussed among supervisors and that no risk assessment had been carried out, going on to say that Mr Prosser, who was hired through an agency, lost his arm “needlessly”.

Mr Brunton said: “Mr Prosser lost an arm as a result of the defendant’s failure to carry out a risk assessment and prevent him from being exposed to risk.”

The Health and Safety Executive stated that, to save a few hundred pounds, Mr Prosser was asked to cut the beams down so they could be used for another job that required shorter lengths.

Following the verdict, the court reconvened for sentence and heard how MJL had a prior conviction from October, 2014, when the company was fined £200,000 after an employee lost both his legs following a dumper truck accident.

Representing MJL, James Ageros, QC, said the company, on the whole, demonstrated good health and safety standards and that since Mr Prosser’s accident disc-cutter training had been put in place for groundworkers, and agency employees are now banned from using them.

Sentencing MJL, Recorder Philip Mott QC said the risks should have been foreseeable to MJL and that Mr Prosser should have been given specific guidance.