Director Sentenced After Excavation Wall Collapse Causes Life Changing Injuries

Brief Summary

A worker suffered life changing injuries after an excavation side wall collapsed at a construction site, and the incident was not reported as required. The regulator found the work was not planned, managed or monitored to control risks, and enforcement action followed. The director pleaded guilty and received a suspended sentence with costs and a surcharge.

What Was The Incident?

A worker was levelling the ground within a three metre deep excavation while it was raining and soil and other material were piled up alongside the excavation. The side wall of the excavation collapsed, falling towards the worker and pinning him against the wall.

What Was The Outcome?

The director pleaded guilty to breaching duties under the Health and Safety at Work etc Act 1974 and the Construction Design and Management Regulations 2015. He was sentenced to 6 months, suspended for 2 years, and ordered to pay £4608.32 in costs and a £154 surcharge. The regulator also issued multiple enforcement notices after finding that the work had not been suitably planned, managed or monitored, including failures related to structural stability, excavations, work at height and management and supervision arrangements. The incident was reported to the regulator two months late, contrary to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2012.

Key Points To Consider

Plan construction work to control excavation stability. Where ground conditions change or material is piled near an excavation, stability can fail without proper planning and protective measures for the excavation walls.

Manage and monitor excavation risks throughout the job. Suitable on site arrangements are needed to ensure risks are continuously controlled, including how stability is maintained while work progresses.

Report serious incidents promptly as required. Serious incidents must be reported in line with legal requirements, because delayed reporting can leave other workers exposed to ongoing risk.

Ensure adequate supervision and management arrangements. Management and supervision must be strong enough to verify that excavations and related activities are being carried out safely, not just planned on paper.

Take enforcement notices seriously and act on findings. Regulatory visits can lead to multiple notices where planning, management and monitoring are found lacking, so corrective actions should address the full range of identified failures.

HSE Prosecution Link