Contractors hit with £2m fine after worker breaks leg

Grant Prior 8 years ago
Share

Three companies have been fined more than £2m at Lincoln Crown Court after a worker’s leg was broken in six places when a trench collapsed on him.

Vincent Talbot, 47, from Lincoln, suffered serious leg injuries when he was crushed in the incident at Fleet Street, Holbeach, Lincolnshire on 9 March 2012.

He was trapped in the trench for 15 minutes before being extracted by the fire and rescue service and then airlifted to hospital.

His right ankle has been left permanently damaged, pointing 10 degrees off line. He was off work for more than a year and vowed never to work in a trench again.

An HSE investigation found insufficient measures were taken to protect those working in trench, and a series of safety errors had led to the collapse.

Principal contractor, Kier MG Ltd, was appointed by Lincolnshire County Council to install new storm drains.

The accident happened before Kier acquired May Gurney in 2013.

Kier MG Ltd subcontracted the installation work to John Henry & Sons (Civil Engineers) Ltd, who subsequently further sub-contracted the work to Lawless Civils Ltd.

Talbot was a self- employed contractor hired by Lawless Civils Ltd.

John Henry & Sons (Civil Engineers) Ltd, failed to inform Kier MG of the appointment of Lawless Civils Ltd.

Lawless were approved contractors of Kier MG but not approved for this type of specialist excavation work.

Lawless appointed a supervisor who had never supervised work, he did not have the relevant training and qualifications to do so.

After the accident John Henry & Sons (Civil Engineers) Ltd, backdated the method statement to give the impression that it was signed by the workers prior to the trench collapsing.

A three-metre long trench box shielded workers but the pipes being laid in the trench were six metres long, meaning workers weren’t protected over the length of the pipe.

Other trench support systems such as trench sheeting were not used, and the unsupported trench had water leaking into it.

The trench had been left open overnight and concrete was being used to bed the pipes in at the bottom of the trench, instead of pea gravel as specified by the client.

Water mixed with the concrete, making the pipe levelling process extremely difficult as the level of the pipe bed had to be continuously adjusted.

When Talbot was attempting to level a pipe section for a second time, the sides of the trench collapsed and trapped him.

Kier MG Ltd (formerly known as May Gurney Ltd) of Sandy, Bedfordshire, pleaded guilty to breaching the CDM regulations and were fined £1.5m and ordered to pay £23,327.83 costs.

John Henry & Sons (Civil Engineers) Ltd of, Cambridge denied the charge but was found guilty of a safety breach. They were fined £550,000 and ordered to pay £166,217.86.

Lawless Civils Ltd of Lincoln, pleaded guilty to safety breaches and were fined £40,500 and ordered to pay costs of £53,346.59.

John Edwards, Kier Group Safety, Health, Environment and Assurance Director said: “This incident happened in 2012 and before Kier acquired May Gurney in 2013.

“Since the acquisition, the safety performance of May Gurney has improved significantly, with the Accident Incidence Rate reducing from 736 to 226.

“Operating a safe and sustainable business is Kier’s number one priority. We have developed an industry-leading reputation for our rigorous approach to managing safety issues and for developing new approaches to safe working.

“We maintain our focus on the continuous improvement of safety standards.”

HSE inspector Martin Waring said: “This incident was foreseeable and avoidable and Mr Talbot’s injuries were the result of multiple failings by the duty holders, from the planning stage through to the execution of the project, resulting in the inevitable collapse of an unsupported trench. Sufficient trench support systems were not provided.

“Even while the excavation phase had begun, a catalogue of errors and omissions led to the injuries of Vincent Talbot.

“It is inevitable that at some time an unsupported trench will collapse, for this reason safe systems of work, should be in place in order to protect persons who work in trenches. We could easily have been dealing with a fatal incident.”

Latest news

Industry’s best construction managers revealed

Full shortlist for CIOB Construction Manager of the Year award
12 hours ago

Government to signal backing for London airports expansion

Chancellor growth plan speech to give nod to Heathrow, Gatwick and Luton plans
10 hours ago

Hospital building plan extended by a decade – full list

All planned projects retained with fresh start dates for industry certainty
17 hours ago

Kier launches £20m share buyback as debt cut

Steady first-half trading shrinks average month end debt to £38m from £137m
17 hours ago

Plans unveiled for £365m Heathrow data centre

Distribution centre developer moves into data centre market
17 hours ago

Plan for 6.5m sq ft Greater Manchester industrial zone

Russell LDP and Harworth to submit ambitious Northern Gateway plan this Spring
16 hours ago

Building boss sold diggers still on HP

Court hears how building director sold rented machines to fund sports car and gambling habit
1 day ago

Wates names new hard FM chief

Jack Prady joins from Thermic Technical FM
1 day ago

Council steps-in at sites where developer failed

First Endeavour LLP went under while building new homes across Fife
1 day ago

Mace confirmed for £93m weather centre HQ

Work to start on weather scientist hub at University of Reading
2 days ago

Council starts £200m hunt to replace Balfour Beatty

Tender race begins after Herefordshire Council parts ways with contractor
2 days ago

St William gets go-ahead for 245-home Stratford scheme

Planning approved for Stratford Gasworks regeneration
2 days ago

Balfour Beatty to sell Omnicom to Hitachi Rail

Digital rail monitoring business employs over 100 engineers
2 days ago

Van Elle partners with Wood on power transmission jobs

Ground investigation and piling deal worth over £30m
2 days ago

Former Balfour regional MD dies before taking up new role

Lindsay McGibbon struck down by cancer
5 days ago

One of Wales’ oldest contractors delivers record profit

Andrew Scott chairman says clients are now looking beyond lowest bids for jobs
5 days ago

Henry administrators chase £10m director payment

Cash frozen as legal action continues
5 days ago

Warning after scammers pose as plant hire bosses

Flannery targeted by fraudsters trying to con customers
5 days ago

Carey co-founder Tom Carey passes away

Contractor confirms death of second of three founding brothers
5 days ago

Robertson and Balfour win £333m schools deal

Contractors land work for five schools in Scotland
5 days ago

Go-ahead for £125m Ealing leisure centre and homes scheme

Council seeks contractor to deliver flagship Gurnell development
5 days ago

State of Englands local roads a ‘national embarrassment’

Spending watchdog urges Govt to tackle £15bn repair backlog
5 days ago

Worker loses three fingers at timber frame factory

Construction supplier fined after panel saw accident
5 days ago

Three in race for £20bn fusion power station

Balfour Beatty, Kier and Ferrovial head consortia in chase for 'star power' reactor
6 days ago

Office work drives 0.4% uptick in construction output

Activity in November grew four times faster than the UK economy as a whole.
6 days ago

Plans in for 34-storey Manchester student tower

Developer Vita plans 861-room tower in First Street district
6 days ago

Council quits homes joint venture to speed-up construction

Worthing Borough Council selling land to Roffey Homes
6 days ago

Kier signs £243m army barracks upgrade

Latest big defence optimisation deal signed off for Aldershot barracks
6 days ago

Winners revealed for £814m FM framework

Latest deal from Pagabo will provide roofing, mechanical and decorating work - see all 27 winners
6 days ago

Jackson signs £19m Sizewell C access roads deal

Latest contract takes work awarded to £2.5bn but concern mounts about final cost
6 days ago

Contractor services