MEWP Controller’s Safety Failures Caused Fall After Bus Collision

THE WORKER in control of a mobile elevating work platform (MEWP) has admitted guilt after a co-worker fell from its platform when it was crashed into by a bus.

The MEWP was parked on the side of the road in Glasgow’s Castlemilk district on 4 February, 2022.

Leon Chalmers was operating the controls of the cherry picker while his colleague, Aeden Brown did cladding repair work from the platform’s basket on a roadside building.

The 27-year-old victim fell 4.5 metres when a number 75 First Bus collided with the MEWP’s boom, which swung round hitting a lamppost above the road.

Aeden Brown was thrown from the basket, landing onto the roof of a car then rolling onto the pavement. The fall caused Aeden Brown several serious injuries, including a collapsed lung and fractured pelvis.

An investigation later found that Leon Chalmers had not provided health and safety information to Aeden Brown, who was not wearing a safety harness connected to the basket.

Leon Chalmers pleaded guilty at Glasgow Sheriff Court to one charge contrary to the Health and Safety at Work Act.

The Ayrshire firm in charge of the site, McTaggart Construction, had already admitted its guilt at earlier court proceedings.

It was fined £215,000 for failing to plan, manage and monitor the construction phase and coordinate matters relating to health and safety during the construction phase.

No Safety Instructions

At Leon Chalmers’ court hearing it was described how he and Aeden Brown had on an earlier occasion entered the MEWP. The victim was not provided with a safety harness or instructions on how to work in the MEWP basket.

They returned on the 4 February to do the cladding work with Leon Chalmers in control of the MEWP. Aeden Brown again was not given proper instructions or safety equipment.

Leon Chalmers then lifted both men in the MEWP to a height of 4.5 metres above the ground as the work progressed.

At just before 12pm, the number 75 First bus appeared, which had 9 passengers on board.

Prosecutor Caitlin McAllister said: “The nearside of the upper deck struck the knuckle part of the boom of the MEWP, which protruded over a lane on the road.

“The force of the collision caused the MEWP to be lifted onto its two rear wheels and caused its boom to strike a lamppost, which supported overhead wires.

“Aeden Brown was thrown from the basket and fell, initially onto the roof of a parked car, before falling to the pavement.”

Chalmers, however, remained in the basket, and it was observed that he was not wearing a harness.

There were no barriers around the MEWP.

Aeden Brown was tended to by other workers at the scene before he was taken to hospital.

Serious Injuries

He was found to have suffered fractures to his pelvis and right hip as well as a collapsed lung and fractured left wrist. He stayed in hospital for two weeks while surgical plates and screws were fitted around his pelvis and hip.

He was later re-admitted to the hospital due to an infection in his hip in March and April 2022.

Aeden Brown now walks with a limp and continues to have hip pain when walking upstairs or on a hill. He has also been left with permanent numbness in his pelvic area and pain in his wrist, as well as suffering post-traumatic stress symptoms.

He has not worked since the incident and is not hopeful of a return to a similar line of work due to its physical nature.

A HSE investigation carried out in February 2022 determined that Leon Chalmers had been trained on the use of MEWPs. He failed to attend two interviews with HSE despite saying that he would cooperate with the investigation.

Prosecutor Caitlin McAllister added: “HSE identified failings on the part of Chalmers as a trained MEWP operator for its safe operation.

“He also failed to provide information to the injured party, Mr Brown, who was untrained in the operation of MEWPs.”

Leon Chalmers, of Glasgow, was ordered to do 150 hours of unpaid work and put under supervision for one year.

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