Employer sentenced after worker struck by excavator

A sole trader who operated a construction and demolition waste recycling business has been given a suspended prison sentence after a worker sustained serious crush injuries when he was struck from behind by a 13.5 tonne excavator.

Manchester Magistrates’ Court heard how on 11 February 2019, the 50-year-old employee was manually sorting demolition waste in the yard of the waste recycling premises of William Leeson t/a W Leeson and Son, in Walkden, Greater Manchester. He was struck by the a 360 tracked excavator, which reversed over the lower part of his left leg as he bent down to pick up some waste from the ground, resulting in life changing injuries.

These injuries have prevented his return to work and left him struggling to cope independently with daily activities; he is currently awaiting a below the knee amputation of his left leg.

An investigation by the Health and Safety Executive (HSE) found that William Leeson t/a W Leeson and Son had no safe system of work in place to effectively segregate pedestrians and vehicles, thereby ensuring the pedestrian pickers were always a safe distance from the moving vehicles.

William Leeson t/a W Leeson and Son of Sale, Greater Manchester, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. Mr Leeson was sentenced to 17 weeks in prison suspended for 12 months and ordered to pay costs of £9,000.

Speaking after the hearing, HSE inspector Jackie Worrall said: “This injury could have easily been prevented had Mr Leeson ensured that effective segregation of pedestrians and vehicles was in place. This case is a reminder to all employers to properly assess the risks arising from workplace transport and to put in place effective control measures to minimise these risks. Most importantly, where vehicles and pedestrians operate within the same workspace it is essential that there is effective segregation at all times.”

January 2021

What we think

Employers and Contractors have a duty to to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees.

It is important to protect the workforce and visitors against the hazards associated with moving vehicles and plant. It is essential to put in place effective methods segregation, to prevent any potential contact with site vehicle and plant.

How we can help

Wiser Safety can develop a Safe System of Work including the provision of a suitable and sufficient Risk Assessment to suit your requirements. We can also provide Daily Activity Briefings, Toolbox Talks and we can deliver Vehicle Marshal Training, to enable management of vehicle and plant movement movements, ensuring pedestrians and workers are kept safe at all times, whilst working on site.

Training can either be delivered in-person, in a classroom environment with practical elements or we can provide eLearning training. We have cost effective training solutions to suit your training needs and budget. See all our courses

Contact us now to discuss a workable solution. Please feel free to call us on 01732 446503 or message us