A construction company and one of its employees have been sentenced for health and safety breaches after another worker was struck by an excavator and was killed.
The Crown Court heard how, on 2 March 2014, during night work at a construction site, a site operative, was struck by an excavator mounted vibrator (EMV) attached to a 35-tonne excavator that he was working in close proximity to the site operative, had been disconnecting lifting accessories from a metal pile, that had just been extracted from the ground when he was crushed against a concrete wall a short distance away. The site operative died from his injuries. Another site operative who was directly next to him also faced a risk of being struck.
An investigation by the Health and Safety Executive found the construction company which was the principal contractor, failed to ensure the safety so far as is reasonably practicable of its employees and of others who were not their employees working on the site. The investigation also found that the site supervisor for the site and the person operating the excavator at the time, failed to take reasonable care for other persons on site at the time.
The company pleaded not guilty to breaching Section 2(1) and 3(1) of the Health & Safety at Work etc. Act 1974. The company was fined £1,000,000 and ordered to pay costs of £108,502.30.
The site supervisor pleaded not guilty to breaching Section 7(a) of the Health & Safety at Work etc. Act 1974 and was given a 6 month custodial sentence, suspended for 12 months and ordered to pay costs of £15,000.
Speaking after the hearing, HSE inspector Darren Alldis said:
“This death was wholly preventable and serves as a reminder as to why it is so important for companies and individuals to take their responsibilities to protect others seriously and to take the simple actions necessary to eliminate and minimise risks.
“If the risks had been properly considered by the company, and simple and appropriate control measures were put in place, then the likelihood of such an incident occurring would have been significantly reduced. Informing all site operatives of the specific risks they face when carrying out such tasks and the control measures required of exclusion zones, the importance of communication and the mandatory use of excavator safety levers were simple actions that should have been put in place and their effectiveness monitored.