Prosecutions

Two brothers who owned the company were each fined £9,000 and each ordered to pay £2,500 in costs after both men pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc Act 1974.

Beverley Magistrates Court heard that on 29 July 2009, at a construction site at one of the brothers was driving a reversing 360 degree excavator digger, when it struck and drove over a bricklayer. The bricklayer suffered a broken pelvis and serious leg injuries in the incident.

The HSE investigation found that there were no markings to indicate where the digger was working, to ensure that it was separated from pedestrian movements on site. A reversing assistant had not been deployed to oversee reversing manoeuvres for the digger prior to the incident.

After the hearing a HSE Inspector said:

"The bricklayer should have been able to carry out his duties on the construction site without being seriously injured.

The company failed to have proper systems in place at the site to restrict and control the movement of the digger.

As a result workers on the site were left at serious risk. It is essential that steps are taken to segregate moving machinery, such as diggers, from other people on site".