A construction company has been fined and one of its employees sentenced after a worker was struck by an excavator, resulting in a fatal injury.
The court in Southwalk heard how, in March 2014, site operative Kevin Campbell was struck by an excavator mounted vibrator (EMV) which was attached to the 35-tonne excavator he was working near to at a construction site in Stafford.
Mr Campbell 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, resulting in fatal injuries.
An investigation by the Health and Safety Executive found the construction company which was the principal contractor; Clancy Docwra Limited had failed to take sufficient measures to ensure the safety of its employees and of others who were not their employees working on the site.
The investigation also found that Daniel Walsh, who was 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.
In the case at Southwark Crown Court, Clancy Docwra Limited initially 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.
Site Supervisor Daniel also initially pleaded not guilty to breaching Section 7(a) of the Health & Safety at Work etc. Act 1974, he was given a six-month custodial sentence, suspended for 12 months and ordered to pay costs of £15,000.
Jeremy Sirrell a partner at Palmers and health and safety expert said: “The incident highlights 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.
“This accident could have been avoided had the right measures to protect workers been taken.”
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