Groundworks Company Fined After Dumper Overturn Causes Serious Leg Injuries

Brief Summary

A dumper truck overturned on a housing construction site, throwing the operator from the vehicle because seat belts were not being worn. The HSE investigation found the employer had instructed workers not to wear seat belts and that excavations were not adequately protected to stop vehicles entering them. The employer pleaded guilty to breaching health and safety duties and received a fine and costs.

What Was The Incident?

On 10 October 2022, at a construction site in Ince near Wigan, a one tonne dumper truck was being reversed. The driver entered an excavation that was not adequately protected and the vehicle overturned. Because the driver was not wearing a seat belt, he was thrown from the vehicle and suffered crushing injuries to his leg, including a broken foot and ankle.

What Was The Outcome?

The employer pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc Act 1974. It was fined £20,000 and ordered to pay £4,824 in costs at Warrington Magistrates’ Court on 14 July 2026.

Key Points To Consider

Do not instruct workers not to use seat belts. Seat belts must be worn when operating dumpers, and any instruction that prevents correct restraint use is likely to undermine essential protection.

Ensure excavations are protected against vehicle entry. Open excavations need suitable edge protection so vehicles cannot enter them, particularly where reversing movements and workplace transport are in use.

Recognise the overturning risk with one tonne dumpers. One tonne dumper trucks are particularly vulnerable to overturning, so risk controls must be designed to prevent access to hazards and to keep operators in the protective zone.

Follow manufacturer instructions and relevant HSE guidance. Seat belt use requirements in both guidance and the dumper manufacturer’s instructions should be applied in practice, not overridden by local working methods.

Verify safety arrangements work as intended. Routine workarounds that interfere with warnings or make restraints appear to be worn can create a false sense of safety and should be identified and corrected through active management checks.

HSE Prosecution Link