Two Leeds firms in court over worker's crush injuries

Date:

7 March 2012

Release No:

Y&H/39/12

A construction worker had both legs broken when a 22-tonne excavator reversed over him on a building site in Leeds, a court has heard.

The excavator on site in Tinshill, Leeds, after the incident

The 58-year-old man from Barnsley, suffered severe crush injuries when the excavator backed into him as he erected boundary fencing on a Tinshill building site on 30 June 2008.

The man's employer, Jack Lunn (Construction) Ltd of Pudsey and building contractor Fastsource Ltd of Hunslet were prosecuted by the Health and Safety Executive (HSE) over the incident.

Leeds Magistrates' Court heard the worker was sent to the Bedford Garth site to carry out preparatory work such as fencing and setting up site cabins.

On the day of the incident, a Fastsource employee was operating the excavator along the site access road. The driver was aware other workers were on site and a Fastsource colleague had been told to act as banksman, the person who safely directs the movement of the excavator and any workers nearby.

As the injured worker was fixing a fencing panel, the excavator drove past him toward the site entrance. He then heard the excavator reversing back down the driveway.

As he was wearing a high-visibility vest and the excavator driver had passed him only moments before, the man believed he was in no danger. He also believed the site manager and banksman knew of his position as they were both at the site entrance and could see down the access road.

However, the court heard despite this the excavator hit the worker as it reversed, causing him to fall and the machine ran over his legs just below the knee.

The court heard that since the incident the man has undergone two operations to set broken bones, a ten-hour operation to graft muscle and further skin graft procedures. He had to purchase an electric wheelchair for mobility, and he and his wife faced regular travel from Barnsley to Leeds for treatment though neither was able to drive.

After the hearing, HSE Inspector Sarah Lee, said:

"Workplace transport incidents are one of the biggest killers in the construction industry and this case could easily have been fatal. The danger of collisions between heavy plant and pedestrians on construction sites is well known in the industry and the need for vehicles to reverse should be avoided.

"This incident was entirely preventable. If the simple precaution of segregation of vehicles and pedestrians had been put in place by Jack Lunn Ltd or they had suspended vehicle movements while fencing was being erected, this worker would not have suffered such appalling injuries.

"Similarly if a smaller excavator had been chosen by Fastsource, the driver would not have needed to reverse down the access road."

Jack Lunn (Construction) Ltd of Progress House, Bradford Road, Pudsey, Leeds pleaded guilty to breaching Section 2(1) of the Health & Safety at Work etc. Act 1974 and was fined £8,000 with £6,338.50 in costs.

Fastsource Ltd of Pepper Road, Hunslet, Leeds, pleaded guilty to breaching Section 3(1) of the same Act and was also fined £8,000 with £6,338.50 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 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. Section 3(1) of the Health and Safety at Work etc Act 1974 states that: '...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...'

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