Demolition worker fined after colleague was severely injured

Date:

12 January 2012

Release No:

COISE/1201

A demolition worker from Croydon has been taken to court after his actions left one of his colleagues with serious leg injuries.

Devon Stoner, 44, of Whitehorse Road in Croydon was prosecuted by the Health and Safety Executive (HSE) after the incident in January this year, when he was carrying out demolition work for Sloane Demolition Limited in Kent.

Maidstone Magistrates' Court heard that on 20 January 2011, five employees, including the defendant were sorting through rubble and reclaiming bricks at the former Leybourne Grange Hospital in West Malling, Kent. The two-storey building was being demolished with the use of a 360 excavator - a large, 13 tonne vehicle so-called as it rotates 360 degrees.

Workers were putting bricks from a demolished chimney breast into the bucket of the excavator which the operator had left switched off but with the keys left in it.

Mr Stoner climbed into the excavator and began to move it around the site. However he was unable to control the machine and caused a wall to collapse. His co-worker was unable to move out of the way quickly enough and was trapped. He suffered serious injuries to his left leg, a broken right ankle and a shattered shin. He has had to have a steel plate inserted into his right shin and ankle.

Mr Stoner was not authorised by his employers to operate the excavator and it was his actions alone that caused the incident.

HSE Inspector David Fussell said:

"Workplace transport is the second biggest cause of fatal accidents, and it is extremely fortunate that this incident didn't result in a death. Nationally around 80 people are killed every year, and there are more than 1,500 major injuries.

"The fact that serious injury or death can result from the use of machinery and vehicles makes it all the more essential for employees to have respect for, and follow the safe working procedures for workplace transport that have been put in place by their employers.

"The HSE will not tolerate employees exposing their colleagues or members of the public to unacceptable risks due to their work practices. There is simply no excuse for employees to plead ignorance of good health and safety practice."

Devon Stoner pleaded guilty to breaching section 7(a) of the Health and Safety at Work etc Act 1974. He was ordered to undertake 120 hours community service and pay £500 in costs.

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 7 (a) 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."

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