This website uses non-intrusive cookies to improve your user experience. You can visit our cookie privacy page for more information.

Construction firm fined over safety failings

A Wiltshire-based construction company has today been fined s after an employee operating a 2.5 tonne dumper drove into a 5-foot-deep excavation.

Swindon Magistrates court heard how, in August 2017, Mr Judd was undertaking installation of a French drain and soakaway in a church yard along with roofing work. Mr Judd was involved in the excavation of the sump, which on completion would be backfilled with aggregate. In the process of approaching the sump the dumper failed to stop and drove into the excavation tipping him out of the dumper and trapping him. Injuries sustained included a shattered ankle, sheared tibia and fibia and head injuries.

The company failed to report the incident to the Health and Safety Executive (HSE) but a concern was later officially raised with the regulator.

The subsequent investigation by HSE found the company had no measures in place to prevent collapse of the excavation, people falling into it or vehicles being driven into it.

Malcolm Shaun Foyle trading as S Foyle and Son of Malraymer, Duck Street, Steeple, Wiltshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and Regulation 4(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. Mr Foyle has been fined £1,685 and ordered to pay costs of £1,165.80.

Speaking after the hearing, HSE inspector Ian Whittles said “The incident could so easily have been avoided by simply putting in place the correct control measures and safe working practices.”  

Notes to Editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
  2. More about the legislation referred to in this case
  3. Latest HSE press releases
Updated: 2018-10-31