Third fine after construction death

Third fine after construction death

A defunct building company has been fined after a foreman died when an excavator bucket filled with concrete fell on him at a London construction site. Euro Earthworks Ltd general foreman, Gerry Fox, was crushed by an excavator bucket in August 2007 when it fell from the arm of the 12 tonne excavator being driven by a colleague. Principal contractor Euro Earthworks Ltd, which is in administration, was convicted of a criminal safety breach in connection with the tragedy and fined £20,000 plus costs of £13,000. City of London Magistrates' Court was told by the Health and Safety Executive (HSE), prosecuting, the firm had failed to adequately plan, manage and monitor the construction work on site. Fellow defendants Hydro Plant Ltd and excavator operator Michael Denis Cunningham were sentenced for separate breaches at a hearing in May 2011 (Risks 507). The prosecutions followed an incident on 28 August 2007, when a 'quick hitch' pin necessary to safely lock the excavator bucket in place was not inserted, causing the bucket to fall on Mr Fox. Magistrates heard HSE issued advice on the safe use of quick hitches on excavators in March 2007. Euro Earthworks Ltd was aware of this advice and had made amendments to its written risk assessment, but still failed to take reasonably practicable steps that would have prevented the incident. HSE inspector Loraine Charles said: 'This tragic incident was entirely preventable. There had already been a significant number of incidents involving buckets becoming detached from quick hitches, in particular semi-automatic quick hitches where operators had failed to insert the safety pin.' Euro Earthworks Ltd was tried in its absence.

HSE news release.