On the 25th November Mr Stewart, a machine operator for Chic Kippen and Sons in Perth, was told that the job on which he was working could not be completed because of adverse weather conditions. He was told to attend a construction site near Dalmally and to help with work for a sister company, A&C Construction.
Mr Stewart went to the site on the 26th November where he was asked by the supervisor to assist in replacing a valve on a piece of pipeline. He was instructed to hold a “Y” shaped valve whilst lengths of pipe were connected to it. Even though this was a different job than he was trained to do he was not offered any additional training and he wasn’t provided with any protective equipment.
Despite the bulkiness and weight of the valves Mr Stewart was required to hold the valve whilst two workers were manhandling the pipe. In the course of the job the pipe slipped and trapped the top of the middle finger of Mr Stewart’s right hand against the valve.
As a result of the injury, Mr Stewart required emergency treatment and further treatment at the Orthopaedic Department in Ninewells Hospital, Dundee. Unfortunately, Mr Stewart had to have the tip of his finger surgically removed as a result of the accident. Mr Stewart has now recovered and is attending a physiotherapist.
Mr Stewart’s Solicitor, David Bell, an expert in workplace accidents said that Mr Stewart’s employer has now admitted liability for the accident.
Elaine Russell, partner in Irwin Mitchell’s Personal Injury Department in Scotland said the threat of prosecution remained the most effective deterrent to employers tempted to ignore safety regulations.
Elaine said: “The HSE is in a difficult position – we understand it is under pressure from Government ministers to reduce the regulatory burden on business, but it cannot ignore its primary function and that is to enforce strict standards of at-work health and safety.”