April 28th
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£146k fine for company after joiner crushed to death by 20-tonne excavator
A construction company has been fined £146k after a joiner was crushed and killed by a 20-tonne excavator. Philip McDonald had been hired by Birch Brothers (Kidderminster) Ltd to assist with the construction of a concrete overflow weir structure at Monks Pond, near Ashbourne in Derbyshire.
The 48-year-old, from Alfreton, was with colleagues on a road above the work area waiting for the excavator to remove sand from trench boxes when it rotated clockwise and crushed him.
Kidderminster Magistrates Court heard that the Principal Contractor, Birch Brothers (Kidderminster) Ltd, had hired in steel fixers and joiners to undertake the work before tragedy struck on 5 September 2017.
An investigation by the Health and Safety Executive (HSE) found that the work had not been adequately planned, and no instruction had been given to the digger operator, or to pedestrians who were working in the area. The risks associated with the work had not been adequately assessed either, and there was no segregation of pedestrians and plant in this area of the site.
The company had not appointed a banksman to ensure the safety of pedestrians while the vehicle was in operation and there was also nobody to oversee this element of the work to ensure it was carried out safely. Following the incident, a Prohibition Notice was served stopping further work involving mobile plant/vehicles until the
site had been organised in such a way in that pedestrians and vehicles could move without risks to safety.
Birch Brothers (Kidderminster) Ltd of Barracks Road, Sandy Lane Industrial Estate, Stourport-on-Severn, DY13 9QB, pleaded guilty to breaching Regulation 27(1) of the Construction (Design and Management) Regulations 2015 and were fined £146,000 and ordered to pay costs of £4,621.90.
In September 2022, the company appointed liquidators.
HSE Inspector Katherine Cotton said,
“This was a tragic incident that was easily preventable. Those in control of work have a responsibility to organise their sites and devise safe methods of working, in relation to vehicles and pedestrians, and ensure they are implemented.”
“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
The fatal incident happened at Monks Pond, near Ashbourne in Derbyshire.
Traffic Management
The law says that you must organise a construction site so that vehicles and pedestrians using site routes can move around safely. The routes need to be suitable for the persons or vehicles using them, in suitable positions and sufficient in number and size. Each year within the construction industry, approximately ten people die as a result of being struck by vehicles on site. In addition, there are hundreds of preventable accidents and injuries.
Accidents occur from groundworks to finishing works and managers, workers, visitors to sites and members of the public can all be at risk. Inadequate planning and control is the root cause of many construction vehicle accidents.
The key message is: construction site vehicle incidents can and should be prevented by the effective management of transport operations throughout the construction process.
Key issues in dealing with traffic management on site are:
• Keeping pedestrians and vehicles apart
• Minimising vehicle movements
• People on site
• Turning vehicles
• Visibility
• Signs and instructions
Keeping pedestrians and vehicles apart
The majority of construction transport accidents result from the inadequate separation of pedestrians and vehicles. This can usually be avoided by careful planning, particularly at the
design stage, and by controlling vehicle operations during construction work.
The following actions will help keep pedestrians and vehicles apart:
• Entrances and exits – provide separate entry and exit gateways for pedestrians and vehicles.
• Walkways – provide firm, level, well-drained pedestrian walkways that take a direct route where possible.
• Crossings – where walkways cross roadways, provide a clearly signed and lit crossing point where drivers and pedestrians can see each other clearly.
• Visibility – make sure drivers driving out onto public roads can see both ways along the footway before they move on to it.
• Obstructions – do not block walkways so that pedestrians have to step onto the vehicle route; and
• Barriers – think about installing a barrier between the roadway and walkway.
Safe site – design/segregation
Every site is different and likely to present different hazards and risks. However, a well-designed and maintained site with suitable segregation of vehicles and people will make workplace transport accidents less likely. The most effective way of ensuring pedestrians and vehicles move safely around a workplace is to provide separate pedestrian and vehicle traffic routes. Where possible, there should also be a one-way system as this will reduce the need for vehicles to reverse, and will help pedestrians and drivers. Your circumstances might mean that complete segregation is not possible, so you would need to have clearly marked pedestrian and vehicle traffic routes, using measures such as barriers and signs. There should be separate entrances and exits for vehicles and pedestrians, and vision panels should be installed on doors that open onto vehicle traffic routes. Where pedestrian and vehicle traffic routes cross, they should be clearly marked using measures such as dropped kerbs, barriers, deterrent paving etc, to help direct pedestrians to the appropriate crossing points.
Traffic routes
The general principles for safe traffic routes are as follows:
• Make sure they are wide enough for the safe movement of the largest vehicle.
• Ensure surfaces are suitable for the vehicles and pedestrians using them, e.g. firm, even and properly drained. Outdoor traffic routes should be similar to those required for public roads.
• Avoid steep slopes.
• Avoid sharp corners and blind bends.
• Keep them clear of obstructions.
• Make sure they are clearly marked and signposted.
• Keep them properly maintained.
Temporary traffic routes
Temporary workplaces, eg construction and forestry sites, often have routes for vehicles and pedestrians that change as work progresses. Where possible, these routes should comply with the same basic standards as for the permanent traffic routes listed above.
Speed
Reducing vehicle speed is an important part of workplace transport safety. Fixed traffic control measures such as speed humps, chicanes and ‘rumble strips’ can reduce vehicle speed. It is important to select the most appropriate control as the wrong measure can increase risk by, for example, reducing vehicle stability. Speed limits can also be used, but they need to be appropriate, properly enforced and, where possible, consistent across the site. To assess an appropriate speed limit, consider the route layout and its usage. For example, lower speeds will be appropriate where pedestrians are present or where lift trucks and road-going vehicles share a traffic route.
Signs and instructions
Make sure that all drivers and pedestrians know and understand the routes and traffic rules on site. Use standard road signs where appropriate. Provide induction training for drivers, workers and visitors and send instructions out to visitors before their visit.
Visibility
If vehicles reverse in areas where pedestrians cannot be excluded the risk is elevated and visibility becomes a vital consideration.
You should consider:
• Aids for drivers – mirrors, CCTV cameras or reversing alarms that can help drivers can see movement all round the vehicle.
• Plant and vehicle marshallers – who can be appointed to control manoeuvres and who are trained in the task.
• Lighting – so that drivers and pedestrians on shared routes can see each other easily. Lighting may be needed after sunset or in bad weather.
• Clothing – pedestrians on site should wear high-visibility clothing.
Safe site – activity
Around a quarter of all deaths involving vehicles at work occur as a result of reversing. It also results in considerable damage to vehicles, equipment and
property. The most effective way of reducing reversing incidents is to remove the need to reverse by, for example, using one-way systems. Where this is not
possible, sites should be organised so that reversing is kept to a minimum.
Where reversing is necessary consider the following:
• Install barriers to prevent vehicles entering pedestrian zones.
• Plan and clearly mark designated reversing areas.
• Keep people away from reversing areas and operations.
• Use portable radios or similar communication systems.
• Increase drivers’ ability to see pedestrians.
• Install equipment on vehicles to help the driver and pedestrians, e.g. reversing alarms, flashing beacons and proximity-sensing devices.
Signalling
The job of banksmen (or signallers) is to guide drivers and make sure reversing areas are free of pedestrians. However, in some industries, such as quarrying, banksmen are rarely used due to the size of the vehicles involved.
If you are using banksmen, make sure:
• Only trained banksmen are used.
• They are clearly visible to drivers at all times.
• A clear and recognised system is adopted.
• They stand in a safe position throughout the reversing operation.
Minimising vehicle movements
Good planning can help to minimise vehicle movement around a site. For example, landscaping to reduce the quantities of fill or spoil movement.
To limit the number of vehicles on site:
• Provide car and van parking for the workforce and visitors away from the work area.
• Control entry to the work area.
• Plan storage areas so that delivery vehicles do not have to cross the site.
Turning vehicles
The need for vehicles to reverse should be avoided where possible as reversing is a major cause of fatal accidents. One-way systems can reduce the risk, especially in storage areas. A turning circle could be installed so that vehicles can turn without reversing.
Housekeeping
Traffic routes should be free from obstructions and kept clean. Signage should be cleaned and maintained so that it remains visible and effective.
People on site
Employers should take steps to make sure that all workers are fit and competent to operate the vehicles, machines and attachments they use on site by, for example:
• Checks when recruiting drivers/operators or hiring contractors.
• Training drivers and operators.
• Managing the activities of visiting drivers.
People who direct vehicle movements (signallers) must be trained and authorised to do so. Accidents can also occur when untrained or inexperienced workers drive construction vehicles without authority. Access to vehicles should be managed and people alerted to the risk.
Contractors
Employers and the contractors they use have duties under health and safety law. When using contractors (eg visiting drivers and agency staff), you should:
• Take into account their skills, knowledge and experience.
• Provide them with relevant information, such as vehicle and pedestrian traffic routes, speed limits, designated loading, unloading and parking areas and site rules. Make sure you consider foreign drivers, e.g. provide information in other languages.
• Liaise with them to consider the risks from each other’s work activities and agree how the work will be undertaken.
• Monitor them to ensure they work safely and comply with the site rules.
• Set up any arrangements for co-operation and coordination.
• Ensure action is taken when they operate in an unsafe manner.
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