Crown OfficeA man has admitted responsibility after a colleague fell from a cherry picker, which was struck by a bus.
Leon Chalmers was in control of the MEWP cherry picker while Aeden Brown did cladding repair work in Glasgow’s Castlemilk on February 4, 2022.
The 27-year-old victim fell from 15 feet when a number 75 First Bus hit the MEWP, which overarched onto the road.
Mr Brown initially landed on the roof of a car before he hit the pavement.
He was found to have suffered a string of injuries, including a collapsed lung and a fractured wrist.
An investigation later concluded that Chalmers had not provided health and safety information to Mr Brown.
Chalmers pleaded guilty at Glasgow Sheriff Court to one charge contrary to the Health and Safety at Work Act.
The Ayrshire firm in charge of the site, McTaggart Construction, admitted its guilt at earlier court proceedings.
It was fined £215,000 for failing to plan, manage and monitor the construction phase and coordinate matters relating to health and safety during the construction phase.
The court heard in Chalmers’ case that Chalmers and Mr Brown had earlier entered the MEWP.
The victim was not provided with a safety harness or instructions on how to work in the MEWP basket.
They returned on the day of the incident to do the cladding work with Chalmers in control of the MEWP.
Mr Brown again was not given proper instructions or safety equipment.
Chalmers then lifted them in the MEWP to a height of 15 feet above the ground as the work progressed.
Before 12pm, the number 75 First bus appeared, which had nine passengers on board.
Prosecutor Caitlin McAllister said: “The nearside of the upper deck struck the knuckle part of the boom of the MEWP, which protruded over a lane on the road.
“The force of the collision caused the MEWP to be lifted onto its two rear wheels and caused its boom to strike a lamppost, which supported overhead wires.
“Mr Brown was thrown from the basket and fell, initially onto the roof of a parked car, before falling to the pavement.”
Chalmers, however, remained in the basket, and it was observed that he was not wearing a harness.
There were no barriers deployed around the MEWP.
Mr Brown was tended to by other workers at the scene before he was taken to hospital.
He was found to have suffered fractures to his pelvis and right hip as well as a collapsed lung and fractured left wrist.
Mr Brown was kept in hospital for two weeks while surgical plates and screws were fitted around his pelvis and hip.
He was re-admitted to the hospital due to an infection in his hip in March and April 2022.
It was reported that Mr Brown walked with a limp and continues to have hip pain when walking upstairs or on a hill.
He has been left with permanent numbness in his pelvic area and pain in his wrist. He also has PTSD.
Mr Brown has not worked since the incident and is not hopeful of a return to a similar line of work due to its physical nature.
An HSE investigation carried out in February 2022 determined that Chalmers had been trained on the use of MEWPs.
Chalmers failed to attend two interviews with HSE despite his claim that he would cooperate.
Ms McAllister said: “HSE identified failings on the part of Chalmers as a trained MEWP operator for its safe operation.
“He also failed to provide information to the injured party, Mr Brown, who was untrained in the operation of MEWPs.”
Chalmers, of Glasgow, was ordered to do 150 hours of unpaid work and put under supervision for one year.
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