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Industrialsafetytalk: Health and Safety Legislation
News Release from: HSE Health and Safety Executive
Edited by the Engineeringtalk Editorial
Team on 21 January 2005
Metronet fined following injury to
cleaner
Metronet Rail BCV Limited has been fined GBP5000 at the City of London Magistrates' Court following a prosecution after a contract cleaner sustained a serious leg injury on 11 February 2003.
Metronet Rail BCV Limited has been fined GBP5000 at the City of London Magistrates' Court following a prosecution brought by the Health and Safety Executive (HSE) after a contract cleaner sustained a serious leg injury on 11 February 2003 Mr Dennis Louisy was working with colleagues at Oxford Circus tube station on escalator Number 3, cleaning the supports and trustwork under its steps
This article was originally published on Engineeringtalk on 1 Jul 2004 at 8.00am (UK)
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A number of step frames had been removed to enable access for this work.
At the time of the incident the cleaning operation had been completed and Mr Louisy was travelling on the escalator to the top landing so the step frames could be replaced.
It was when Mr Louisy, who was standing a few steps below the gap, moved forward to alight that his right leg went into the gap and got caught between a step frame and the top comb.
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Mr Louisy was trapped for about 45 minutes before the emergency services managed to lever the step frames from his leg.
The HSE's HM Railway Inspectorate (HMRI) investigated the incident.
John Gardner, from HMRI, said: "Establishing a safe system of work based on a suitable and sufficient risk assessment is key to managing the dangers associated with hazardous work activities ".In this instance - a full clean of an underground station escalator - access to the support structure is necessary and can only practicably be achieved by removing a section of the steps.
"This procedure is known as 'in and out' cleaning.
"There are very clear dangers - such as entrapment by those working near the open section - should the escalator move.
"It is vital that such work is properly managed and I am pleased to say that, following this incident, instructions, procedures and risk assessments have been revised to reduce the risk of entrapment during this cleaning process".
Metronet Rail BCV Limited, of Templar House, High Holborn, London, pleaded guilty to a single charge of breaching section 3(1) of the Health and Safety at Work etc Act 1974 and was fined GBP5000 and ordered to pay costs of GBP9842.
Section 3(1) of HSWA states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety".
On the day of the incident, Infraco BCV Limited were responsible for the maintenance of London Underground's Oxford Circus tube station including the cleaning of the escalators.
On 4 April 2003, Infraco BCV Limited was renamed Metronet Rail BCV Limited.
The maximum penalty in the Magistrates' Court for a single offence of breaching section 3 of HSWA is a fine of up to GBP20,000.
Information about HSE's HMRI, together with the HSE's Annual Report on the safety of the railways in Great Britain during 2003/04, can be found on the HSE's website (see 'Railways' under 'Your industry').
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