Cheltenham Magistrates’ Court heard how Tonic employee Carter was driving a forward tipping dumper on Tuesday 31st May 2016 onto the top of a spoil heap.
The dumper became stuck on the edge of the spoil heap, and when Carter jumped off the vehicle, it flipped over striking him resulting in serious head injuries which he died from at the scene.
An HSE investigation found that it was practice on this and other sites for dumpers to access spoil heaps with no barriers to prevent over-running.
To compound the situation, an excavator had removed some of this particular spoil heap creating a sheer face.
Tonic Construction Ltd pleaded guilty to breaching safety regulations and was fined £200,000 and ordered to pay costs of £5565.80.
Speaking after the hearing HSE inspector Sue Adsett said: “Risks associated with the creation of spoil heaps had not been suitably and sufficiently assessed.
“Either the company should have decided on a safer method which avoided the need for the dumper to access spoil heaps (as they have done after the accident), or they should have introduced stricter management arrangements which would have included bunds at a safe distance from the edge.”
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