A building firm has been fined £133,000 and ordered to pay £8,500 in prosecution costs after a 22-year-old worker was crushed to death by an excavator.
James Rourke had only been working for Materials Movement for a few months when the vehicle struck him, causing catastrophic injuries.
The firm had been hired to undertake ground clearance works in Hertfordshire, south east England, in preparation for the building of new houses.
Site engineer James had been attaching ‘warning’ work signs to fencing around the site when the incident happened in November 2019.
Investigators revealed Materials Movement had failed to plan and manage the work, and failed to properly supervise the work that James and the excavator driver were undertaking to ensure it was safe. It also didn’t ensure the work was planned and managed to eliminate any chance of James working near the excavator.
JAMES SHOULD HAVE BEEN PROTECTED FROM SUCH HARM AT WORK – BECAUSE OF THE FAILINGS OF MATERIALS MOVEMENT, HE WAS NOT
Employers must consider five main precautions needed to control excavator hazards: exclusion, clearance, visibility, plant and vehicle marshaller and bucket attachment.
Describing the incident as ‘avoidable’, Health and Safety Executive inspector Martin Paren said James’ death could have easily been prevented if his employer had properly planned, instructed, and supervised the work.
He added: ‘Our thoughts are with the family of James, who should have been protected from such harm at work – because of the failings of Materials Movement, he was not.’
Last week (22 March) at Peterborough Magistrates’ Court, Materials Movement admitted breaching regulation 15(2) of the Construction (Design and Management) Regulations. As well as the fine, the company was ordered to pay £8,500 in prosecution costs.