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A company in Cornwall has been fined following an incident that resulted in a worker losing both his legs.

Roger Daw, 58, had been driving a dumper truck at a work site in Perranporth when the incident occurred. The front tipping dumper truck had been fully loaded when Daw drove it down a slope, causing it to overturn when it became imbalanced. It appears that Daw had not been wearing a seatbelt at the time of the incident, causing him to be thrown from the vehicle. The dumper truck landed on him, crushing both his legs.

Truro Crown Court was informed that a number of factors had contributed to the incident. An investigation conducted by the Health and Safety Executive (HSE) had discovered that the truck being used by Daw was not suitable for the task, which was not realised at the time as the limitations of the plant had not been assessed before use. The investigation also revealed that none of the drivers or their ability to operate the equipment had been assessed prior to work taking place.

Although Daws was taken to hospital by air ambulance, the medical staff had to make the decision to amputate both his legs from the knee. MJL Contractors Ltd pleaded guilty to breaching health and safety regulations, and was fined £200,000 plus costs of £12,312.56.


Jo-Anne Michael, inspector for HSE, said that the incident had been avoidable and would not have happened if the correct procedures had been followed. Safety regulations may require the use of PPE and other measures to prevent injury.

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