Pipe fitter Kevin McGunnigle, 57, had to have part of his leg amputated after he got it caught under a forklift truck
Safety failings left a worker needing to have part of his leg amputated after a forklift truck accident at Jaguar Land Rover, a court heard.
Kevin McGunnigle, 57, was tasked with moving large pipes from a storage area referred to as ‘the graveyard’ at the plant in Lode Lane, Solihull, on August 13, 2020.
But as he walked alongside a forklift truck which was moving them, his leg became trapped beneath the vehicle, a jury was told.
Project manager Gordon Wellings has been accused of failing in his duty of care to Mr McGunnigle.
The 66-year-old, of Longheadland in Ombersley, Droitwich, stands trial at Birmingham Crown Court where he denies a health and safety offence.
Opening the case, Ben Mills, prosecuting, said in August 2020 Mr McGunnigle was a pipe fitter working in a team on a ‘busy construction project’, installing high-level pipework for a new Range Rover production line.
He said: “Mr Wellings was Mr McGunnigle’s project manager in control of the work.
“So it was Mr Wellings who had legal responsibility to make sure he planned the work and managed the work all of his team were being asked to do, to ensure all of his team were not being put at the risk of harm.”
He continued: “On that day, August 13, Kevin McGunnigle and other workers received instructions to collect half-a-dozen spare lengths of pipework abandoned in a far corner of the site, a big construction site in the Solihull premises.
“Each of those lengths of tubing were about six metres long and weighed 25 to 30kilograms. They had to be transported a long way.
“Workers including Mr McGunnigle were told the pipes had to be moved that day to an area where Mr Wellings’ project was being carried out.
“How they were to do that, when they were to do that and which route they were to take was left to the workers to sort out themselves.
“There were no clear instructions given at all by Mr Wellings, you may think.
“It was a large site and the pipes had to go a long way.”
Mr Mills went on: “Those left with instructions to move them decided to get a forklift truck, a big jib arm – an attachment.
“One drives a forklift while the other guides the pipes along.
“About midday Mr McGunnigle set off with the pipework. As you will hear it was a busy site.
“They had to take steps to avoid colliding with other vehicles and workers.
“It was a long, tricky route. At one point they were trying to negotiate the pipework around a dog-leg bend.
“As they were doing that Mr McGunnigle – he’s the one walking and guiding the pipes – had his leg caught under the wheel of the forklift truck.
“Paramedics were called, first aid called, but the consequences of his injuries were so severe, tragically the lower part of his leg had to be amputated.
“Why did that happen? Because those responsible for ensuring the work he was asked to do was done safely had failed to do it.
“The main person in charge was Mr Wellings, project manager. That’s why he’s here.
“It was his job and his legal duty to properly plan, manage and monitor work under his control to ensure those doing it were safe, go home, get on with their life, play football, whatever they might do.
“He failed to do it. As a consequence Mr McGunnigle has been left permanently disabled.”
The prosecutor told the court Wellings was likely to claim he ‘did everything he could’ as well as possibly ‘blame his workers for just not being careful enough’.
Mr Mills said he was not suggesting the defendant was a ‘terrible manager’, acknowledging he had taken steps to ensure safety in other aspects of his job.
But he added he did not write a risk assessment or method statement for the removal of the pipes, nor seek approval from principal contractor Fox Health and Safety Services, which had overall responsibility for the co-ordination of contractors across the site.
Mr Mills said: “He’s given vague instructions about what to do and left them to get on with it.”
Going into more detail, the prosecutor said there had been problems with the supply of pipes the day before the incident.
He said that led to an employee of Jaguar Land Rover informing Wellings that some unused pipes left by another contractor were stored in a location called ‘the graveyard’ at the far corner of the site where unused equipment was typically left.
Mr Mills said the defendant took a supervisor, Mr McGunnigle and another worker to the area ‘showed them the pipes and really left them to get on with it’.
He added: “What he didn’t do was give them any clear instructions how to do this job, when to do it, what equipment should and shouldn’t be used. Nothing at all.”
The trial continues.
