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Port of Sheerness fined £60,000 after Sheppey worker needs leg amputated after accident

A port in Kent has been fined £60,000 after a workplace accident led to a member of staff having his leg amputated.

Peel Ports, which owns the Port of Sheerness, were handed the massive fine after a five-tonne clamp truck crushed supervisor Geoffery Harkup's leg on October 28, 2018.

Sheppey man Geoffery Harkup had to have his leg amputated after an accident at Sheerness Ports
Sheppey man Geoffery Harkup had to have his leg amputated after an accident at Sheerness Ports

Mr Harkup had been walking through one of the port's paper reel sheds when the vehicle hit him.

The Sheerness man was rushed to King's College hospital after falling unconscious where he woke up confused, worried and without any idea what had happened.

During a hearing at Folkestone Magistrates' Court on Tuesday the court heard how Mr Harkup spent the next fortnight in hospital in excruciating pain where his foot would begin to turn black and he was topped up with drugs to reduce the pain.

Nearly three weeks later medical experts were worried about the future of his left leg after explaining the main vein in it had been crushed.

A witness impact statement detailed how the injured father thought the "only route" was to amputate his leg, which doctors completed on November 15.

'It made me feel anxious and stressed and was making me feel disabled.'

The court heard how the incident had left Mr Harkup in "immense pain and isolated from his family", as he was forced to stay in hospital.

His statement continued: "I was emotional and couldn't sleep. All I was thinking was how could I get around? Will I be able to walk? Will I be able to cope with this?

"I was taught how to get out of bed, into a wheelchair and then into a shower. Using the chair knocked my confidence, I hated using it. It made me feel anxious and stressed and was making me feel disabled."

Mr Harkup added how he felt like he had lost control of his life and independence, as well as the incident leaving its mental scars.

His son lives at the ports and he hasn't been able to bring himself to visit, or return to the site, since his accident.

'I've had panic attacks and nightmares about the truck hitting me.'

He added: "I've had panic attacks and nightmares about the truck hitting me. Sometimes I'll dream of being in a tomb of some sort, or being buried."

A HSE investigation into the incident found the port "failed to ensure pedestrians and vehicles could circulate and operate safely, putting the employee and others at significant risk".

The court heard from HSE prosecutor Mr Hare who claimed the accident "could quite easily have been fatal" and that risk assessments at the company "weren't monitored as they should have been".

However, QC Mr Lawrence, defending Peel Ports, said correct risk assessments and advice were in place at the time of the incident although this was given verbally and wasn't written down.

District judge Justin Barron accepted this was the case but said it "wasn't good enough" for this information to be in a written format at the time.

Peel Ports, in Sheerness, were fined £60,000 following the 2018 incident
Peel Ports, in Sheerness, were fined £60,000 following the 2018 incident

Mr Lawrence went on to defend the ports company by saying it had never had any previous convictions or actions taken against it for health and safety matters which for a company of their size is "very rare".

He added a "substantial offer" of compensation has been made to Mr Harkup outside of the court hearing.

While sentencing Judge Barron explained the company fell into medium culpability for the incident, which for a company of its size would usually have a starting point for a fine of £90,000.

However, this was reduced by a third, to £60,000, due to company's early guilty plea. Peel Ports was also told to pay £10,886.50 in legal costs and a £170 victim surcharge.

Speaking after the hearing, HSE inspector Joanne Williams said: “This incident has resulted in life changing injuries in a wholly avoidable incident, caused by the failure of the company to identify the roles of the supervisors in the reel sheds and how the work was actually being undertaken.

The Sheerness Ports company was sentenced at Folkestone Magistrates' Court on Tuesday, April 27
The Sheerness Ports company was sentenced at Folkestone Magistrates' Court on Tuesday, April 27

“They did not learn from the previous incidents involving supervisors and lift trucks to review supervisory activities across the port. There is no excuse for companies that neglect this risk.

“Pedestrians, whether they are employees or not, should be kept separate from these types of vehicles through physical barriers or safe systems of work that are clear and well supervised.

“Every year many people are killed or seriously injured in incidents involving workplace transport, and there are significant risks associated with operating vehicles on ports, particularly when, as in this case, the vehicles have restricted visibility due to the lifting of large paper reels. These risks can be easily controlled using reasonably practicable precautions.”

A spokesman for Peel Ports said: “The health and safety of our employees and port users is our number one priority. In order for safety to remain front and centre of our culture, we constantly assess and review our processes.

"We are proud that our ongoing dedication to provide safe working places has led for us to be recognised as the Safest Port Operator among major ports in the UK, and we take our responsibility incredibly seriously."

Read more: All the latest news from Sheerness

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