Worker crushed as lorry topples onto mini digger

Aaron Morby 12 years ago

Two Leicestershire contractors were together fined £130,000 after a worker was killed when a lorry overturned onto the mini digger has was operating.

Richard Kenny, 48, was killed instantly when a tipper lorry suddenly overturned on uneven ground while delivering around 20 tonnes of aggregate to a construction site in Melton Mowbray.

Kenny was working for J&H Construction on a contract to build the Waltham Centre for Pet Nutrition as a groundworks subcontractor for J H Hallam (Contracts) in 2006.

Leicester Crown Court heard the tipping area had not been adequately assessed as being safe for tipping operations, was not sufficiently level and had been poorly prepared.

Inspectors discovered deliveries of bulk materials were not properly supervised and pedestrians were not kept away from vehicles, particularly during tipping.

Both firms pleaded guilty to breaches of safety laws. J H Hallam (Contracts) was fined £80,000 and J & H Construction was fined £50,000.

HSE inspector Frances Bailey said: “Workplace transport should be managed on any site.

“This death could have been prevented if deliveries had been properly planned. It is well known that tipper lorries can overturn, especially on sloping or uneven ground and it is vital that people are kept a safe distance.

“In this case the principal contractor and the subcontractor failed to recognise the potential risk and regularly allowed lorries to tip without the aid of a banksman close to the site compound and visitor car park.

“J H Hallam (Contracts) Ltd should have been aware of the potential risk as it was involved in a previous incident where a skip lorry overturned on uneven ground.

“This has been a long and complex investigation, however the result will hopefully serve as a warning to others to review their arrangements for deliveries and avoid similar tragic incidents in future.”

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