HSE/GNN.NE/463/07 Date: 16 November 2007

Trench death a warning to construction firms and their workers

The Health and Safety Executive (HSE) is warning construction companies and employees of the dangers they face when working in excavations, following the prosecution of two North East firms in connection with an incident in which one worker was killed and another seriously injured.

The HSE prosecuted George Wimpey (North East) Ltd and A W Cowan (Groundworks) Ltd at Teesside Crown Court in connection with the fatal incident on a housing site at Springfields, Church Hill, Skelton on 8 March 2004.

An unsupported trench collapsed injuring two workers, one of them fatally. Neil Dunstan, aged 41, from Lingdale, died as a result of his injuries and Karl Buck, then aged 28 from Boosbeck, suffered serious injuries and was in hospital for several weeks.

HSE Inspector Michael Brown: "This fatality and the serious injury could easily have been prevented if the appropriate safety measures had been taken. Trench collapses are entirely avoidable. Without suitable support, any vertical face of an excavation will collapse; it's just a matter of when. If heavy machinery is operated on the edge of the excavation, as happened in this case, an earlier collapse is inevitable.

"Excavation work has to be properly planned, managed, supervised and carried out to prevent accidents."

George Wimpey (North East) Ltd, of Bowesfield Lane, Stockton-on-Tees, which was the principal contractor on the site, was fined £300,000 under the Health and Safety at Work etc Act 1974 for failing to ensure the safety of persons not in their employment. The company admitted the offence and was also ordered to pay £28,367 costs.

A W Cowan (Groundworks) Ltd, of Middleton Lane, Middleton St George, Darlington, which employed the two workers, was fined £20,000 under the Health and Safety at Work etc Act 1974 for failing to ensure the safety of its employees. The company admitted the offence and was ordered to pay £5,000 costs.

Notes to editors

George Wimpey (North East) Ltd was charged that:

• they failed to discharge a duty under Section 3(1) of the Health and Safety at Work etc Act 1974 in that they failed to conduct their undertaking in such a way as to ensure, as far as was reasonably practicable, that persons not in their employment who were affected thereby were not thereby exposed to risks to their safety;

A W Cowan (Groundworks) Ltd was charged that:

• they failed to discharge a duty under Section 2(1) of the Health and Safety at Work etc Act 1974 in that they failed to ensure, so far as was reasonably practicable, the safety of all their employees.

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