Personal Injury Solicitors

The Health and Safety Executive (HSE) has prosecuted a self-employed contractor, after a worker was killed when a trench he was working in collapsed on him.

William Ryan Evans was contracted to construct a drainage field comprising infiltration pipes laid at the bottom of deep trenches.

He employed two workers and a sub-contractor excavator to undertake the work at Longstone Farm in Pembrokeshire in June 2012.

The man who died – 54-year-old Hywel Glyndwr Richards – had entered the trench to remove soil that had fallen into it, when the trench collapsed, burying him. Mr Richards died at the scene.

An investigation by the Health and Safety Executive into the incident found that the work had not been planned appropriately – and the risk assessment was not suitable or sufficient.

The workers were not appropriately trained – and suitable equipment to prevent the trench from collapsing was not provided.

On Monday 11 April 2016 at Swansea Crown Court, William Ryan Evans of Blaenwaun Twr, Trelech in Carmarthenshire was found guilty of breaching Section 2 of the Health and Safety at Work etc Act 1974.

Evans was given a six-month custodial sentence.

After the hearing, HSE Inspector Phil Nicolle said:

“This tragic incident could have been prevented by undertaking a suitable and sufficient assessment of the risks, providing the correct equipment or safe working methods to the workers – and managing and monitoring the work to ensure it was done safely.

“Work in excavations needs to be properly planned, managed and monitored to ensure no one enters an excavation deeper than 1.2 metres without adequate controls in place to prevent a collapse.”

The family of Hywel Richards said:

“Dad was an integral part of our family, the glue that kept us all together. Our family was devastated by his sudden death.

“Today – and for the rest of our lives – we are mourning the loss of dad, our best friend, our confidant and protector.

“Quite simply, he has left a space that will never be filled. We hope that lessons will be learned from dad’s death.”

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Duncan Lewis personal injury solicitors can advise bereaved families whose loved one has lost their life as a result of negligence on how to make a no win no fee claim for fatal injury compensation against an employer or other party, including claims relating to:

• Accidents at work
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For expert and sympathetic legal advice on no win no fee Fatal Injury Claims, call Duncan Lewis personal injury solicitors on 0333 772 0409.