Birch Brothers (Kidderminster) Ltd were charged after a 48-year-old joiner was crushed to death by a 20-tonne excavator
Hired by principal contractors Birch Brothers to assist with constructing a concrete overflow weir structure, joiner Philip McDonald was crushed to death when the excavator rotated towards him.
The fatal incident happened at Monks Pond, near Ashbourne in Derbyshire on 5 September 2017.
He stood was with colleagues on a road above the work area waiting for the excavator to remove sand from trench boxes when it rotated clockwise and crushed him.
Multiple safety and planning precautions were not taken
An investigation by the Health and Safety Executive (HSE) found multiple instances of failings in preparation and site safety.
The risks associated with the work had not been adequately assessed, and there was no segregation of pedestrians and plant in this area of the site.
No instruction had been given to the digger operator, or to pedestrians who were working in the area.
The company had not appointed a banksman to ensure the safety of pedestrians while the vehicle was in operation and there was also nobody to oversee this element of the work to ensure it was carried out safely.
Following the incident, a Prohibition Notice was served stopping further work involving mobile plant/vehicles until the site had been organised in such a way in that pedestrians and vehicles could move without risks to safety.
On site vehicle safety measures are imperative
Birch Brothers (Kidderminster) Ltd of Barracks Road, Sandy Lane Industrial Estate, Stourport-on-Severn, DY13 9QB, pleaded guilty to breaching Regulation 27(1) of the Construction (Design and Management) Regulations 2015 and were fined £146,000 and ordered to pay costs of £4,621.90 at Kidderminster Magistrates Court.
In September 2022, the company appointed liquidators.
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.
“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
