Two contractors based in Leicestershire have been fined after an investigation into the death of a worker who was slain by an overturning lorryk according to personal injury solicitors familiar with the case.
48 ear old Richard Kenny, a native of Earl Shilton, was instantly killed as an overturning tipper lorry crushed the mini excavator he was operating. Personal injury compensation experts with the Government’s Health and Safety Executive remarked that the case, which began on October 3, 2006, was such a complex one that it took over half a decade to bring the contractors involved in the accidental death to justice.
The incident, which happened as the Waltham Centre for Pet Nutrition in Melton Mowbray was under construction, was found to be the fault of both J&H Construction Ltd and JH Hallam (Contracts) Ltd for neglecting to ensure Mr Kenny’s safety and for failures in properly planning, organising, or controlling the tipping of bulk materials at the construction site. JH Hallam, the principal contractor, had subcontracted out the site’s groundworks to J&H, Mr Kenny’s Employer, but there was a failure on the part of both firms to undertake proper workplace transport risk assessments in regards to the specific risk of overturning vehicles in regards to tipping operations.
HSE investigators told Leicester Crown Court that not only had the tipping area not been assessed adequately for safety, it had been prepared poorly and was not sufficiently level as well. Bulk material deliveries were made with inadequate supervision, the HSE also discovered, and that the contractor neglected to keep pedestrians far from any vehicles in the area – regardless of whether they were tipping or not at the time.