Excavator driver fined after falling bucket injures worker

Date:

15 October 2012

An excavator driver has been prosecuted for safety failings after an unsecure bucket fell from the machine he was using and badly injured a worker on a Gloucester building site.

Dominic Dalton, 36, from Erdington, Birmingham, suffered head injuries, a broken lower leg, broken pelvis and badly bruised arm in the incident at Quedgeley Urban Village, on Naas Lane, on 24 November 2011.

Excavator driver Kevan Fell was working on a drainage system at the new housing estate and needed to change the bucket on the vehicle.

Cheltenham Magistrates' Court heard today (15 October) that he carried out this operation from the cab, but then failed to test the bucket was secure by shaking it, pressing it on the ground or checking it manually.

Instead, he started using it for excavation work straightaway and the bucket came off, hitting Mr Dalton who was working below.

Mr Fell, of Hackwell Street, Napton, Warwickshire, was prosecuted by the Health and Safety Executive (HSE) for breaching Section 7(a) of the Health and Safety at Work Act etc. 1974. He pleaded guilty to the charge and was fined £500 and ordered to pay £1,746 in costs. He was also ordered to pay £3,500 in compensation to Mr Dalton.

After the hearing, HSE Inspector Simon Chilcott said:

"Mr Fell is an experienced excavator driver, but on this occasion he failed to check the bucket was properly attached before using it. Mr Dalton could have been killed, and has suffered great pain as a result of a moment of carelessness.

"This incident involved a single lock, fully-automatic hitch and comes after a number of recent fatalities involving semi-automatic hitches. I hope today's prosecution serves as a reminder to all excavator drivers that they must always ensure buckets are secure for the safety of their fellow workers."

Further information on the safe use of excavators can be found on the HSE website at http://www.hse.gov.uk/construction/safetytopics/excavators.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. Section 7 (a) of the Health and Safety at Work Act 1974 states: "It is the duty of every employee to take reasonable care for the health and safety of themselves and of other persons who may be affected by their acts or omissions at work."

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