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    INQUEST OVERTURNING VEHICLE

    Operator of excavator crushed by overturning lorry

    An inquest jury in Loughborough has heard how the operator of an excavator was crushed to death when a delivery lorry overturned discharging 12 tonnes of material. Richard Kenny, aged 47, was sitting on an excavator alongside the lorry when the incident occurred in October 2006 on the site of a new Mars UK pet nutrition centre in Waltham on the Wolds. The jury returned a verdict of accidental death.

    HSE inspector Roger Evans said “a slope at the tipping point was one of the “major” factors contributing to the tipping-over of the vehicle. He also drew attention to HSE guidelines on the need for exclusion zones and banksmen. Frances Bailey, also from HSE, said “we have thoroughly investigated the circumstances surrounding his death and we are considering whether legal action will follow.”

    Representatives of the employer J H Construction told the inquest they believed responsibility for ensuring the safe off-loading of materials on the site “ultimately” lay with Bardon Aggregates, which supplied the materials.

    Comment: HSE guidance states “a common factor in delivery/collection accidents is the lack of any agreement between supplier, carrier and recipient about ‘who is responsible for what’ in terms of safety.”

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