Turner Access Higher Safety Total Access
Total Access Ethentic Chipmunk Data
Chipmunk Data Turner Access Ethentic

DUMPER TRUCK DRIVER DROWNED ON LAKE PROJECT

Contractor failed to take precautions to stop dumper entering lake

Edward James Day (trading as E J Construction) of Longfield, Kent, was yesterday ordered to pay a £20k fine after a jury found him guilty of HSW Act Section 2(1) and CDM 2007 Regulation 37(6) offences.

The joint Kent Police and HSE prosecution follows an incident on 5 December 2007 when Mark Wilkin was driving a site dumper on a temporary roadway into a flooded quarry. The dumper came off the road and he drowned at the scene. Earlier in case the manslaughter trial was halted by direction of the judge.

Proper edge protection to road would have prevented death 

Melvyn Stancliffe, HSE Inspector, said: “This case demonstrated – as do so many site transport incidents – that reliance on a competent driver and a properly-maintained vehicle is simply not enough.

Workplace transport incidents are nearly always preventable. Had Mr Day ensured that the simple measure of providing proper edge protection to the site roads was in place then the risk of vehicles leaving the road could have been prevented.”

Judge direction halted manslaughter trial

Mr Day faced trial for gross negilgence manslaughter. The judge, Mr Justice Akenhead halted those proceedings earlier in the trial. 

Geoff Payne, Detective Inspector for Kent Police, said “We are pleased that Mr Day has been found guilty of charges relating to health and safety offences. This case highlights the need for employers to follow the strict guidelines that are set out to keep workers safe.

This is a tragic case and our thoughts remain with the family of Mr Wilkin. I would to thank them for their patience and understanding throughout the investigation.”

Dumper driver suffered from epilepsy

The dumper driver suffered from chronic epilepsy but only ever had attacks at night. Mr Justice Akenhead said medical evidence could not rule out a heart attack or epileptic fit before the tragedy. A pathologist said they were both possibilities.

The Judge went on to say:  “on the evidence, it seems, there was some medical problem. However, you took no suitable or sufficient measures to prevent vehicles going into the lake.”

Guidance and further information

HSE has published guidance on safe use of site dumpers. Further information on other site dumper incidents.

Latest Construction Health and Safety News

PETROL VAPOUR DANGER LEFT UNCONTROLLED

Workman suffered severe burns during refuelling equipment

Read the rest of this article »

Posted on 25th April 2018

HSE ENFORCEMENT UPDATE 25th APRIL 2018

hselogo1Prosecutions and enforcement notices update and analysis

Read the rest of this article »

Posted on 25th April 2018

ROPE ACCESS WORKER FELL THROUGH FRAGILE ROOF

Prison sentence imposed on owner of rope access firm

Read the rest of this article »

Posted on 24th April 2018

FIRMS FINED £2M OVER FALLING PIPE FATALITY

Incorrect stacking of pipes triggered fall and crushing of workman

Read the rest of this article »

Posted on 20th April 2018

DOMESTIC PROJECT PC HANDED JAIL TERM

Workman fell from unprotected roof edge on dormer extension

Read the rest of this article »

Posted on 20th April 2018

MAJOR CONTRACTOR ERRED ON FRAGILE ROOF RISK

Firms fine £965,000 after painter fell through waiting room roof

Read the rest of this article »

Posted on 19th April 2018

HSE ENFORCEMENT UPDATE 19th APRIL 2018

hselogo1Prosecutions and enforcement notices update and analysis

Read the rest of this article »

Posted on 19th April 2018

STRUCTURAL SAFETY BODY LATEST NEWSLETTER

CROSS publishes reports and expert comment on a range of issues

Read the rest of this article »

Posted on 18th April 2018

NEW BIM SPEC FOR SHARING H&S INFORMATION

Specification for sharing health and safety info during construction projects

Read the rest of this article »

Posted on 17th April 2018

MANAGERS FORGED ASBESTOS DOCUMENTATION

Removal licence obtained using fake training and medical certificates

Read the rest of this article »

Posted on 17th April 2018

FINE OVER INCORRECT AND MISLEADING SURVEY

Specialist asbestos company failed to detect AIB on demolition project

Read the rest of this article »

Posted on 17th April 2018

IGNORING HSE ADVICE PENALISED BY LARGE FINE

Contractor fined over £50k for persistent WAH and welfare failings

Read the rest of this article »

Posted on 17th April 2018

PRISON OVER BASEMENT EXCAVATION AND COLLAPSE

Building contractor jailed after house collapsed in Brighton

Read the rest of this article »

Posted on 17th April 2018

DEFEATING POWER INTERLOCK CAUSED FLASHOVER

Systems for managing electrical safety found to be inadequate

Read the rest of this article »

Posted on 17th April 2018

LADDER SAFETY FAILURES ATTRACT MASSIVE FINE

National window firm left workers to ‘own devices’

Read the rest of this article »

Posted on 12th April 2018

FALLING MATERIAL STRUCK WORKMAN IN EXCAVATION

Risks of working in and near excavations highlighted by incident

Read the rest of this article »

Posted on 4th April 2018

HSE ENFORCEMENT WEEKLY UPDATE 4th APRIL 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 4th April 2018

HOUSING ASSOCIATION FAILED ON VIBRATION RISK

Assessment, management and health surveillance all found wanting

Read the rest of this article »

Posted on 3rd April 2018

OCCUPIER AND CONTRACTOR FINED OVER FALL

Employee assisting contractor fell through roof during re-roofing project

Read the rest of this article »

Posted on 3rd April 2018

HSE FEARFUL OF GROWING ’BLUE TAPE’ BURDEN

hselogo1ISO 45001 could generate fresh business to business demands

Read the rest of this article »

Posted on 3rd April 2018

HSE ENFORCEMENT WEEKLY UPDATE 21st MAR 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 28th March 2018

INCIDENTS: PASSER-BY STRUCK BY BRICKS

Pack of bricks appear to have fallen from crane

Read the rest of this article »

Posted on 28th March 2018

HSE RECONSIDER HOW TO INFLUENCE SMALLER FIRMS

hselogo1Regulator advice and messages are failing to chime with the SME businesses

Read the rest of this article »

Posted on 27th March 2018

DANGEROUS REMOVAL OF ASBESTOS CEMENT

Workers smashed asbestos sheets with crowbars whilst at risk of falling

Read the rest of this article »

Posted on 27th March 2018

HSE LAUNCH CONIAN SHARING AND SUPPORT PLATFORM

hselogo1New HSE web community now open to the public

Read the rest of this article »

Posted on 27th March 2018
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access