Page 1493 - Xmo Strata - Bulletin Archive

Sheriff Petra Collins said the company was also under an absolute duty to maintain
the cherry picker was in good working order and that the cherry picker was
thoroughly inspected at least every six months.

J M Access Solutions was fined £30,000 for its failure to carry out a thorough
examination of the platform and its safety-critical parts.

The court heard there has been an earlier incident in Penicuik on 17 May 2011 when
the cherry picker’s boom buckled while it was in use. Fortunately, on that occasion,
the boom’s fall was halted by the roof of a block of flats.

The court heard that the failure of main boom 3 was never fully investigated
following the incident. CTE Spa, the cherry picker’s manufacturer’s representative,
advised Craig Services to replace at least main boom 3 but the company chose
instead to repair it, which was relayed to CTE Spa by email on 10 February 2012.
Sheriff Collins said that Craig Services did not have any manufacturer’s approval nor
a manufacturer’s specification in relation to the proposed repair.

Such was the damage to main boom 3, it was clear that both a major repair and an
extensive modification was needed, the court heard. However, the company’s
manager had instructed a firm of welders to carry out the repairs, stating that the
main boom 3 would be nested inside the second section of the boom. As repairs
proceeded, Craig assured the welder that the platform would only be used as a
short-reach machine and would not be load-bearing. At no time did Craig Services
carry out a modification to the cherry picker to ensure main boom 3 did not bear
loads.

HSE principal inspector Graeme McMinn said: “At the time of the accident, the MEWP
had a catalogue of defects some of which were safety critical demonstrating that
Craig Services did not have an adequate proactive maintenance and reactive repair
system in place within the company.”

He added: “The competence and diligence of a thorough examiner is vital as it is
they who declare the MEWP safe to use. J M Access Solutions failed to carry out a
diligent thorough examination and declared the MEWP safe to use. The British
Standard provides guidance on what an examination should include following a
major repair on a MEWP structure. Non-destructive testing and load testing should
have been carried out and overload testing discussed with the manufacturer.”

Nick Warburton

Nick Warburton is deputy editor of IOSH Magazine