Leicestershire firms fined after death of worker

Date:

11 May 2012

Release No:

HSE/M/36

Two Leicestershire companies have been fined after a worker was killed when a lorry overturned onto his vehicle.

Richard Kenny, 48, from Earl Shilton, was killed instantly as the mini digger he was driving was crushed when a tipper lorry suddenly overturned on uneven ground while delivering around 20 tonnes of aggregate to a construction site.

The incident happened on 3 October 2006 during the construction of the Waltham Centre for Pet Nutrition, Freeby Lane, Melton Mowbray. J H Hallam (Contracts) Ltd and J & H Construction Ltd were prosecuted by the Health and Safety Executive (HSE) for failing to ensure the safety of Mr Kenny and for failing to properly plan, organise or control the tipping of bulk materials at the site.

Mr Kenny was employed by J&H Construction Ltd who had been subcontracted by principal contractor J H Hallam (Contracts) Ltd to do the groundworks at the site.

Leicester Crown Court heard the workplace transport risk assessment failed to properly consider tipping operations and the specific risks of vehicles overturning. The tipping area had not been adequately assessed as being safe for tipping operations, was not sufficiently level and had been poorly prepared.

HSE discovered deliveries of bulk materials were made without adequate supervision, a banksman or an exclusion zone around the vehicle during tipping and in addition, pedestrians were not kept away from vehicles, particularly during tipping.

J H Hallam (Contracts) Ltd, of Leicester Road, Oadby, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. J & H Construction, of De La Bere Crescent, Burbage, Hinckley, pleaded guilty to breaching Section 2(1) of the same Act.

J H Hallam (Contracts) Ltd was fined £80,000 and ordered to pay £20,000 costs. J & H Construction Ltd was fined £50,000 and ordered to pay £20,000 costs.

HSE inspector Frances Bailey said:

"Workplace transport should be managed on any site. This death could have been prevented if deliveries had been properly planned. It is well known that tipper lorries can overturn, especially on sloping or uneven ground and it is vital that people are kept a safe distance.

"In this case the principal contractor and the subcontractor failed to recognise the potential risk and regularly allowed lorries to tip without the aid of a banksman close to the site compound and visitor car park. J H Hallam (Contracts) Ltd should have been aware of the potential risk as it was involved in a previous incident where a skip lorry overturned on uneven ground.

"This has been a long and complex investigation, however the result will hopefully serve as a warning to others to review their arrangements for deliveries and avoid similar tragic incidents in future."

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: 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.

Press enquiries

Regional reporters should call the appropriate Regional News Network press office.

Issued on behalf of the Health and Safety Executive by the Regional News Network