Major Construction Firm Fined £1million After Death of Worker

legal updates

This was an entirely preventable incident that could have been averted by simply creating and implementing a safe system of work.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Construction firm Balfour Beatty has been fined after a worker lost his life whilst repairing a central reservation barrier damaged in a road traffic collision. Canterbury Crown Court heard how, a team was sent out by Balfour Beatty Civil Engineering Limited, a subsidiary of Balfour Beatty PLC, to install temporary traffic management in order to repair barriers on the A2 at the location of a collision site.

The crew were trying to remove the footings of a post that had snapped off, using a lorry mounted crane. The lorry mounted crane slipped from the concrete footing, and swung back towards the barrier, hitting the worker on the head. Larry Newman, aged 37, sustained severe head injuries and was pronounced dead at the scene.

Balfour Beatty Civil Engineering Limited, of Churchill Place, Canary Wharf, London, was fined a total of £1million, and ordered to pay £14,977 in costs after pleading guilty to offences under Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974.

After the hearing, HSE inspector Andrew Cousins said: “This was an entirely preventable incident that could have been averted by simply creating and implementing a safe system of work. If a suitably sized excavator had been used to remove the footing mechanically it would have prevented this tragic loss of life completely.”

He went on to say;

“Employers have a responsibility to create safe systems of work for hazardous activities that their workers may be undertaking. The workers should be trained in safe systems of working and adequately supervised. Safety needs to be proactively managed and not just left to chance”.

For more information about work equipment machinery visit HSE’s website at:

http://www.hse.gov.uk/work-equipment-machinery/planning-organising-lifting-operations.htm

For advice on how to ensure your business is health and safety compliant Lawgistics members can contact the legal team.

Brave AgencyDriving growth in the automotive industry

Brave is an award-winning digital agency offering a comprehensive range of services aimed at helping your business grow. From rebrands and web development to marketing campaigns that get you noticed, we do it all. Since 2000, we’ve helped businesses across the automotive sector reach new heights. Could yours be next?

Ernie TaylorHealth & Safety ConsultantRead More by this author

Related Legal Updates

Toilet provision in the workplace

It’s hard to imagine this sensible judgment was not a relief for all the employees involved in the use of these toilets.

Can my employees tell me it is too hot to work?

Bosses should make sure they are doing all they can to keep their people cool, especially in areas where machinery might generate extra heat.

Managing Home Workers’ Health and Safety

The guidance published by the HSE about home working has been redesigned and expanded to provide more detail on straightforward actions to manage the homeworkers’ health and safety.

Site Supervisor Fined After Worker Suffered Serious Injuries

Remind your Managers and Site Supervisors about their delegated responsibilities for health and safet

HSE update – Control Of Substances Harmful to Health (COSHH)

COSHH requirements will be particularly relevant for any business running a repairs workshop.

Aiming for excellence – 10 Targets for your own risk assessments

We all recognise and understand that risk assessments are a statutory requirement.

Employer Sentenced After Oil Drum Explodes

Fined £80,000 and ordered to pay costs of £8,167.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.