In the News Elsewhere

The deceased was undertaking groundwork activities in a partially excavated trench. The groundworks team was preparing the trench for the laying of new drainage when the deceased moved to the foot of an existing manhole directly adjacent to the trench.
With nothing in place to prevent their entry into the danger zone of the excavator, they exited the manhole via a makeshift opening. However, the excavator driver and other workers were not in a position to see that the deceased had entered the danger zone. When the excavator met resistance whilst digging, the moving bucket swung into them. It struck them on the head, causing catastrophic injuries. They were pronounced dead at the scene.
The construction company had failed to identify or assess the risk arising from using the existing manhole chamber as an improvised refuge. This meant the company failed to implement a system whereby workers were prevented from entering the dangerous working zone of the excavator while the machine was being operated by a driver with limited sight. There was also inadequate supervision on site, alongside a failure to carry out monitoring visits which would have identified crucial safety failings.

Last month, the construction company pleaded guilty to breaching section 2(1) of the Health and Safety at Work Act. At Magistrates’ Court, the company was fined £330,500 and ordered to pay £9,141.80 in prosecution costs.
Commenting on the case, Health and Safety Executive (HSE) inspector said the incident would have been avoided had the construction company simply ensured that adequate control measures and safe working practices were identified and followed.
‘The company should have put in place measures including the use of trained plant marshals for high­risk activities, such as the work the deceased was undertaking. Such measures are widely recognised and used across the construction industry as well as being advised within HSE and industry guidance,’ they added.