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    £1M FINE OVER DEATH CAUSED BY EXCAVATOR

    Vehicle driver found guilty at trial alongside CDM Principal Contractor

    A construction company and an employees have been sentenced for health and safety breaches after a workman died when he was struck by an excavator on a project in London, over 5 years ago, on 2 March 2014.

    Southwark Crown Court heard how during night work on the site in Stratford the workman, Kevin Campbell, was hit by an excavator mounted vibrator (EMV) attached to the 35-tonne excavator.

    Mr Campbell was working in close proximity to the moving excavator and was disconnecting lifting accessories from a metal pile which had been extracted from the ground.

    He was crushed against a concrete wall and died from his injuries. A further site worker next to him also faced a risk of being struck.

    Exclusion, communication and safety levers absent

    HSE investigators found that the project Principal Contractor failed to ensure the safety, so far as is reasonably practicable, of its employees and others working on the site.

    It was also found that the driver of the excavator, who was also the site supervisor for the site, failed to take reasonable care for other persons on site at the time.

    • Clancy Docwra Limited – of Coppermill Lane, Harefield, Middlesex 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.
    • Daniel Walsh – of Eastcote, Orpington, Kent pleaded not guilty to breaching Section 7(a) of the Health & Safety at Work etc. Act 1974 and was given a 6 month custodial sentence, suspended for 12 months and ordered to pay costs of £15,000.

    Speaking after the hearing, HSE inspector Darren Alldis said:

    “This death was wholly preventable and serves as a reminder as to 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.

    If the risks had been properly considered by the company, and simple and appropriate control measures were put in place, then the likelihood of such an incident occurring would have been significantly reduced.

    Informing all site operatives of the specific risks they face when carrying out such tasks and the control measures required of exclusion zones, the importance of communication and the mandatory use of excavator safety levers were simple actions that should have been put in place and their effectiveness monitored.

     

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