Cornish firm fined following excavation plunge

Date:

3 October 2012

A member of the public sustained spinal injuries and a fractured skull after he plunged 15 feet into an open excavation that had been left unprotected by workmen.

The 31-year-old male, who does not want to be named, was visiting the home of a friend in The Terrace, Port Isaac, when the fall occurred on 6 October last year. In addition to injuring his spine and skull, he also burst his eardrum.

The large excavation was in a neighbouring garden and had been dug out as part of a major domestic refurbishment project.

Bodmin Magistrates' Court heard today (3 October) that HML Builders Ltd, of Wadebridge, was responsible for the work.

An investigation by the Health and Safety Executive (HSE) found the company had not installed any edge protection to stop people falling into the pit, despite the edge of the excavation running along a path directly to the front of a chalet on the neighbouring property.

HML Builders Ltd, of Bess Park Road, Wadebridge, pleaded guilty to breaching Regulation 31 (2) of the Construction (Design and Mangement) Regulations 2007. The company was fined £12,000 and ordered to pay £3,793 in costs.

After the hearing, HSE Inspector Helena Tinton, said:

"The failure to put any edge protection in place to stop people falling into the excavation could easily have caused a death.

"It was dark at the time of the fall and the injured man had no reason to know the hole was there. His serious injuries could have been avoided by some very simple measures, such as suitably supported guard rails and toe boards.

"HML's negligence not only put the lives of their own workers at risk but also those of members of the public."

Further information on improving safety during excavation work can be found on the HSE website at http://www.hse.gov.uk/construction/safetytopics/excavations.htm

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. Regulation 31 (2) of the Construction (Design and Management) Regulations 2007 states that construction contractors have a duty to ensure that "suitable and sufficient steps should be taken to prevent any person, work equipment, or any accumulation of material from falling into any excavation".

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Issued on behalf of the Health and Safety Executive by COI News and PR (South West)