SCOTLAND’S LARGEST timber merchant was fined £50,000 yesterday, three years after a worker was crushed by a stack of falling wood at its HQ near Dundee.
Rembrand Timber’s unblemished 30-year safety record was ended by the December 2009 incident at Shielhill, Tealing, when forklift driver Alan Welsh’s hip and ankle were broken as he tried to flee the toppling stack of wood he had been attempting to make safe.
Mr Welsh was left with a drop foot as a result of the offence and has been forced to give up playing football, but he returned to work with company and has received a civil claim settlement from the firm.
At Forfar Sheriff Court yesterday, Rembrand admitted an indictment brought under the Health and Safety at Work Act, that, on December 16 2009, they failed to provide a safe system of work at the Tealing base, whereby a leaning stack of timber overturned, trapping Mr Welsh by his pelvis and legs, to his severe injury.
Specialist prosecutor, senior fiscal depute Anthony Bonnar, told the court Mr Welsh had been driving a forklift in the yard around 9am when he noticed a stack of timber, five or six packs high, leaning.
He decided to adjust the pile, but when he tried to lift two packs of timber in front, the larger stack toppled.
“He tried to run behind the forklift away from the falling timber, but three packs fell on to the mast and roof, a pack split and pieces of wood fell on to his legs,” added Mr Bonnar.
Mr Welsh was taken to Ninewells Hospital and found to have suffered a dislocated and fractured right hip, fractured left ankle, multiple abrasions and fractures to bones in his foot. He spent eight days in hospital.
Defence solicitor Vikki Watt said the victim’s civil claim had been settled some months ago and the company had paid Mr Welsh full wages for the time he was off work.
“The company accept that on this particular day, with this particular employee dealing with this specific incident, that they failed to have a safe system of working in place,” Ms Watt added.
“This was the first incident of its kind in 30 years,” she said, adding that Rembrand had carried out a full safety review within two months of the incident, leading to the appointment of a health and safety manager.
Sheriff Kevin Veal said there would have been several Health and Safety Executive publications available to the firm prior to the incident, offering guidance on steps that could have been put in place to ensure safe working.
“This offence is not trivial. Employers are required to treat very seriously the physical safety of their employees,” he said.
“That such a robust assessment was not undertaken in this case had very serious consequences for Mr Welsh.
“By careful stewardship, the company appears to be weathering the financial clouds of this time. It seems to be well run.
“It has resources and is, in my opinion, able to pay an appropriate financial penalty,” the sheriff added.
The penalty was modified from £75,000 in light of the guilty plea and its timing ,and Rembrand was given one year to pay.
gbrown@thecourier.co.uk