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A Health and Safety Executive (HSE) investigation found that neither worker was authorised with the appropriate certificate to use the dumper truck, and that the operation was not properly overseen or managed.

Following the incident on 2 October 2014, Laing O’Rourke Construction Limited of Crossways in Dartford pleaded guilty to breaching Regulation 22(1)(a) of the Construction (Design and Management) Regulations 2007, was fined £800,000 and ordered to pay costs of £10,000.

Speaking after sentence, HSE Inspector Jack Wilby said: “This incident was a tragedy for all concerned and, as revealed by our investigation, entirely avoidable.

“Laing O’Rourke did nothing to address the trend of these workers carrying out tasks they weren’t trained or authorised for. These dedicated staff, including Philip and his brother, needed appropriate supervision.

“Had there been appropriate supervision, then better segregation between Philip and these two vehicles could have been established and maintained. This case should act as a reminder of the dangers of using workplace transport without proper planning, management or monitoring of the risks involved.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice, promoting training; new or revised regulations and codes of practice, and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/ 
3. HSE news releases are available at http://press.hse.gov.uk