Triple prosecution after construction death

Date:

19 May 2011

Release No:

COI/LON

Fines totalling £18,700 have been handed down after a foreman died when an excavator bucket filled with concrete fell on him at a London construction site.

Euro Earthworks Ltd general foreman, Gerry Fox, was crushed by an excavator bucket when it fell from the arm of the 12 tonne excavator being driven by a colleague.

The Health and Safety Executive (HSE) prosecuted Hydro Plant Ltd, the plant hire company which had provided the excavator and Michael Cunningham, the excavator operator, for safety breaches after the August 2007 incident.

Hounslow based Euro Earthworks Ltd, the principal contractor and Mr Cunningham's employer, also faces charges but has entered administration and did not appear at court.

City of London Magistrates' Court heard that on 28 August 2007, Mr Cunningham, who now lives in Eastbourne, failed to manually insert a pin into the 'quick hitch' (a device attached to the excavator arm used for the rapid changing of attachments) which was necessary to safely lock the bucket in place.

HSE's investigation found Mr Cunningham failed to take reasonable care for the health and safety of fellow employees by positioning the bucket, which was filled with concrete, directly over Mr Fox and site supervisor Tim McCarthy who narrowly missed being hit by the bucket.

The court heard Hydro Plant Ltd did not have a suitable regime of inspection for the plant it hired out to ensure safety conditions were maintained. It also supplied the equipment without adequate safety warning signs, written information and instructions or CE marking.

Euro Earthworks Ltd failed to adequately plan, manage and monitor the construction work, while Hydro Plant Ltd neglected to ensure the quick hitch and all attachments supplied with the excavator were maintained in an efficient state, working order and in good repair.

Magistrates also heard HSE issued advice on the safe use of quick hitches on excavators in March 2007. Euro Earthworks Ltd was aware of this advice and had made amendments to its written risk assessment, but still failed to take reasonably practicable steps that would have prevented the incident.

HSE Inspector Loraine Charles said:

"This tragic incident was entirely preventable. There had already been a significant number of incidents involving buckets becoming detached from quick hitches, in particular semi-automatic quick hitches where operators had failed to insert the safety pin.

"Mr Cunningham can have been in no doubt that he should not have operated the excavator without the quick hitch's safety pin in place and that he should not have manoeuvred the bucket over people. As hirers of the work equipment, Hydro Plant Ltd should clearly have paid much closer attention to the requirements placed upon them by health and safety law to ensure that use of the equipment was safe.

Hydro Plant Ltd, of Wadsworth Close, Greenford, Brent pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £7,000 ordered to pay costs of £10,000

Michael Denis Cunningham, of Latimer Road, Eastbourne pleaded guilty to breaching Section 7 of the Health and Safety at Work etc. Act 1974. He was fined £700 and ordered to pay costs of £1,000

Euro Earthworks Ltd, of Boston Manor, Brentford, Hounslow is charged with breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. Euro Earthworks Ltd will be tried in its absence at the City of London Magistrates' Court on 7 July 2011.

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. Section 3(1) of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of every employer 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."
3. Section 7 of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of every employee while at work— (a) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and (b) as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with."
4. 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."
5. As stated, Euro Earthworks has entered administration since the incident and did not appear in court. Section 33(3) of the Criminal Justice Act 1925 applies.
6. Information on risk assessments can be found at: http://www.hse.gov.uk/risk/casestudies/index.htm

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