HSE warning to operators of excavators following death

COI/SCO/103 1 May 2009

The Health and Safety Executive (HSE) today reminded construction companies and operators of excavators of the need to ensure the safety pin is correctly fitted in semi-automatic quick hitches.

The reminder follows a serious incident on 29 November 2007 at the Sandyholm Garden Centre, Crossford, South Lanarkshire in which an architect suffered fatal injuries.

Shaun McDowall of Lea Park, Carclui Road by Ayr, the self-employed operator of the excavator, was fined £3500 on Tuesday (28 April) at Lanark Sheriff Court after pleading guilty to a charge under Section 3(2) of the Health and Safety at Work etc Act 1974.

The charges follow an incident in which an architect was struck by the digging bucket which had detached from the semi-automatic quick hitch of a 360 excavator.

The digging bucket was able to detach and fall because the safety pin, a vital safety feature on semi automatic quick hitches, which holds the bucket in place, had not been fitted.

Speaking after the case, HSE Principal Inspector, Iain Brodie said:

"This was a tragic accident which should not have happened. The issue of operators not fitting the safety pin on semi automatic quick hitches is well known within the construction industry. HSE has previously issued guidance and safety alerts on this topic. Although manufacturers agreed to stop supplying this type of quick hitch from October 2008, they are still prevalent throughout the country.

"I urge all operators of excavators fitted with semi automatic quick hitches to ensure they fit the correct pin at all times."

Notes to editors

1. Section 3 (2) States: "It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety. "
2. Details on previously published HSE guidance on this subject are listed below.

• http://www.hse.gov.uk/foi/internalops/sims/constrct/020701/index.htm
• http://www.hse.gov.uk/construction/quickhitch.htm
• http://www.hse.gov.uk/construction/safehitch.htm

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Issued on behalf of the Health and Safety Executive by Issued by COI news and PR Scotland.