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    DUMPER OVERTURN CAUSED FATAL INJURIES

    Precautions during spoil heap creation were inadequate

    Tonic Construction Ltd has been fined £200,000 in the magistrates court following the death of Shaun Carter who died after he was struck by an overturning dumper in May 2016.

    Cheltenham Magistrates heard how Mr Carter was driving the forward tipping dumper onto the top of a spoil heap when the dumper became stuck on the edge of the heap.

    When he jumped from the vehicle it “flipped over” striking Mr. Carter who sustained serious head injuries. He died at the scene.

    Hazard could have avoided or risk managed

    HSE investigators found that it was practice on this and other sites for dumpers to access spoil heaps with no barriers to prevent over-running.

    In this case the situation was compounded the fact that an excavator had removed some of this particular spoil heap creating a sheer face.

    • Tonic Construction Ltd – pleaded guilty to breaching Regulation 2 (1) of The Health and Safety at Work Act 1974 and have been fined £200,000 plus a victim surcharge of £170 and ordered to pay costs of £5565.80.

    Speaking after the hearing HSE inspector Sue Adsett said:

    “Risks associated with the creation of spoil heaps had not been suitably and sufficiently assessed.

    The company should have decided on a safer method which avoided the need for the dumper to access spoil heaps (as they have done after the accident) or they should have introduced stricter management arrangements which would have included bunds at a safe distance from the edge.”

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