Legal News

The Health and Safety Executive (HSE) has prosecuted a Surrey construction company, after a contractor was run over on a large site in Wokingham.

On 7 December 2014, David Cole was a site foreman contracted to Harlequin Brickwork Ltd – and was working on large housing development project, which started in April 2013 and has a completion date of April 2017.

He was struck by and pulled under a large bulk powder carrier while walking towards the rear of the bulk powder (mortar) carrier. The vehicle was located on a T-junction, having just reversed into the junction.

Mr Cole walked along the nearside of the vehicle as it pulled forward and turned towards the nearside – he was hit by the vehicle, sustaining serious, life-threatening injuries. His skin was removed and split on his left arm and leg, he fractured his left hip, requiring a pin to be inserted – and several fingers on his left hand were broken. His left leg has been left permanently shorter than his right leg by 20mm.

The HSE found that the site – run by the principal contractor, Crest Nicholson Operations Ltd – had failed to plan and manage the workplace transport effectively.

The incident could have been avoided had they monitored and taken action to ensure workers stayed behind the pedestrian barriers and not walked on the road – and if they had prevented large HGVs reversing hundreds of metres at a time.

At Reading Crown Court, Crest Nicholson Operations Ltd of Crest House, Pyrcroft Road, Chertsey in Surrey pleaded guilty to breaches of Regulation 36 (1) of the Construction (Design and Management) Regulations 2007.

The company was fined £800,000 plus £10,984 costs.

After the hearing, HSE inspector John Berezansky said:

“David Cole suffered life changing injuries because Crest Nicolson Operations Limited did not properly manage and monitor the workplace transport on their construction site.

“When working with such large delivery vehicles and construction plant – especially on projects where there are lots of pedestrians – the principal contractor much take responsibility and ensure the health and safety of all those involved.”

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