Birch Brothers (Kidderminster) has been fined £146,000 after a joiner was crushed to death by a 20-tonne excavator.
On 5 September 2017, Philip McDonald, 48, was assisting with the construction of a concrete overflow weir structure at Monks Pond, near Ashbourne in Derbyshire.
McDonald was waiting with colleagues on a road above the work area for the excavator to remove sand from trench boxes. It rotated clockwise and crushed him.
Birch Brothers as a principal contractor had hired in steel fixers and joiners.
Birch Brothers (Kidderminster) Ltd of Barracks Road, Sandy Lane Industrial Estate, Stourport-on-Severn, pleaded guilty at Kidderminster Magistrates Court.
The company pleaded guilty to breaching the Construction (Design and Management) Regulations. As well as a £146,000 fine, it was ordered to pay costs of £4,621.90
In September 2022, the business appointed liquidators.
‘Easily preventable’ incident
HSE Inspector Katherine Cotton said: “This was a tragic incident that was easily preventable. Those in control of work have a responsibility to organise their sites and devise safe methods of working, in relation to vehicles and pedestrians, and ensure they are implemented.
“Construction site vehicle incidents can and should be prevented by the effective management of transport operations throughout the construction process."
The HSE investigation found that the work had not been adequately planned. No instruction had been given to the digger operator or pedestrians working in the area.
Risks associated with the work had not been adequately assessed, and there was no segregation of pedestrians and plant.
The company had not appointed a banksman to ensure the safety of pedestrians while the vehicle was in operation. There was also no one overseeing the work to ensure safety.
A Prohibition Notice was served after the incident stopping further work involving mobile plant or vehicles until the site had addressed these safety issues.
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When I hear of fatalities on sites it constantly demonstrates that even now we continue to employ many companies, principal contractors, contractors and sub contractors that just isn’t experienced or have process in place that’s compliant when it comes to H&S.
Tunnel vision and get the job done just isn’t the way forward.
When we procure, we really must do this with eyes wide open.
People die because someone did not ask the questions that highlights incompetence.
Our industry is under pressure everyday because of timescales, commercial and financial, resources, H&S and QA but when someone is injured or dies it just isn’t right.
People in charge must understand and implement stop and think more often.
Due diligence, education and coaching remains key.
This is a real human tragedy, made even worse for the industry since site transport/mobile plant hazards are a well known danger than need continual effective control measures.
Request for ‘visual standards’
The industry has a group called CONIAC, supported by the HSE, and it is currently looking for any ‘visual standards’ (clear and simple ‘do and don’t’ instructions delivered by photo or illustration, rather than written rules). If you have any visual standards covering this hazard area (that CONIAC can use or adapt with acknowledgment) for the benefit of the wider industry, please send them to [email protected] who chairs the relevant CONIAC group. Paul will be in touch with respondents before anything is considered for use.