Falkirk Council Fined Over Mechanic’s Arm Crushed by Lorry

Falkirk Council has been ordered to pay a £70,000 fine following an incident where a mechanic’s arm was crushed beneath a bin lorry after its air suspension malfunctioned. Michael Paul, aged 27, was engaged in work within an inspection pit under the lorry at the council’s fleet maintenance workshops in Grangemouth when the vehicle’s body abruptly descended. This caused Mr. Paul’s right forearm to become trapped and crushed between components of the front axle and the suspension system. The council admitted its failure to maintain a safe working system at the depot, which constituted a breach of the Health and Safety at Work Act. The court was informed that the Health and Safety Executive had issued a safety alert less than two years prior, prompted by several serious incidents involving vehicles equipped with air suspension. While the council had received this notification, the authority had not ensured that all staff, including Mr. Paul, were made aware of it or its contents. Prosecutor Richard Brown informed Falkirk Sheriff Court that a second mechanic, who was working on the truck at ground level, narrowly avoided being struck. Colleagues, hearing a loud noise and Mr. Paul’s cries for help, spent 10 minutes struggling with tools, jacks, and a forklift truck to free him. He was subsequently transported to Forth Valley Royal Hospital and later transferred to Glasgow Royal Infirmary. The incident took place at approximately 13:25 on February 23, 2022. Mr. Paul sustained a fractured elbow bone and required multiple operations, including repairs to the bone and tendons. The pain was so severe that he cracked a tooth, leading to a major abscess that necessitated the surgical insertion of a drain in his neck, leaving a scar. He remains under the care of a plastic surgeon, experiences restricted movement in the injured arm, has had to learn to write with his left hand, and has learned to drive an automatic car. The court was told that Mr. Paul has not been able to work since the incident but hopes to retrain for a new profession. Barry Smith KC, representing the defense, stated that the council expressed its “sincere regret that its hitherto unblemished safety record is no longer so”. He added that the accident could have been prevented if a propping system had been in place. In imposing the fine, Sheriff Maryam Labaki remarked that Mr. Paul had been left with “life-changing” injuries. “Sadly and tragically, this was an avoidable incident,” she said.