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    DUMPER DRIVEN INTO OPEN UNGUARDED EXCAVATION

    Contractor fined over absence of suitable excavation / dumper precautions

    A Wiltshire-based construction company has been prosecuted after an employee operating a 2.5 tonne dumper drove into a 5-foot-deep excavation in August 2017.

    Swindon Magistrates heard how the project involved installation of a French drain and soak-away in a church yard in addition to roofing work.

    The dumper operator was involved in excavation of the sump, which on completion would be back filled with aggregate.

    In approaching the sump the dumper failed to stop and drove into the excavation tipping the operator from the dumper and trapping him causing a shattered ankle, sheared tibia and fibia and head injuries.

    Failed to report the injury

    The company failed to report the incident to HSE which learnt of the incident after concern was officially raised with the regulator.

    The subsequent investigation by HSE found the company had no measures in place to prevent collapse of the excavation, people falling into the opening or vehicles being driven into excavation

    • S Foyle and Son (Malcolm Shaun Foyle T/A) – of Duck Street, Steeple, Wiltshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and Regulation 4(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. Mr Foyle has been fined £1,685 and ordered to pay costs of £1,165.80.

    Speaking after the hearing, HSE inspector Ian Whittles said

    “The incident could so easily have been avoided by simply putting in place the correct control measures and safe working practices.”

     

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