Kent construction employer found guilty after death of employee

Date:

24 March 2010

Release No:

COISE/24-03

A West Kent construction employer has been found guilty of health and safety breaches following the death of an employee.

At Maidstone Crown Court today (24 March), Edward James Day (trading as E J Construction) of Longfield Road, Longfield, Kent, was fined £20,000. A jury found Mr Day, 54, guilty of breaching section 2(1) of the Health and Safety at Work etc Act 1974 and regulation 37(6) of the Construction (Design and Management) Regulations 2007.

The prosecution, brought jointly by Kent Police and the Health and Safety Executive (HSE), follows an incident on 5 December 2007. An employee of E J Construction, Mark Wilkin, was working to extend a finger of land which was being used as a temporary roadway out into a flooded quarry at Salt Lane in Cliffe. The vehicle he was driving, a site dumper, came off the roadway and Mr Wilkin became trapped under it in the quarry. He drowned at the scene.

Melvyn Stancliffe, HSE Inspector, said:

"This case demonstrated - as do so many site transport incidents - that reliance on a competent driver and a properly-maintained vehicle is simply not enough. Workplace transport incidents are nearly always preventable. Had Mr Day ensured that the simple measure of providing proper edge protection to the site roads was in place then the risk of vehicles leaving the road could have been prevented.

"This tragic case so sadly illustrates the hazards that are all too frequently faced by construction workers.

"The law is clear and where employers fail to safeguard their workers and injury, ill-health or death result - HSE will take enforcement action. "

Geoff Payne, Detective Inspector for Kent Police, said:

"We are pleased that Mr Day has been found guilty of charges relating to health and safety offences. This case highlights the need for employees to follow the strict guidelines that are set out to keep workers safe.

"Kent Police in Medway has successfully worked alongside the Heath and Safety Executive to secure this conviction and are pleased that the fine reflects the severity of his actions. This is a tragic case and our thoughts remain with the family of Mr Wilkin. I would to thank them for their patience and understanding throughout the investigation."

HSE's website provides free guidance for employers and workers in the construction industry - and outlines the simple and effective measures that need to be taken to properly control transport dangers on site.

Notes to editors

Photographs of the construction site are available on request.

1. Please can media reporting on this case be particularly careful when writing the company name as other similarly named companies are trading. Media are reminded of their obligations under libel law.
2. Section 2(1) of the Health and Safety at Work etc Act 1974 states: It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.
3. Regulation 37(6) of the Construction (Design and Management) Regulations 2007 states: Suitable and sufficient measures shall be taken so as to prevent any vehicle from falling into any excavation or pit, or into water, or overrunning the edge of any embankment or earthwork.
4. Edward James Day was fined £10,000 for breaching each of the above regulations.

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Issued on behalf of the Health and Safety Executive by COI News & PR South East