Worker Crushed In Unsupported Trench Causes Prosecution

Brief Summary

A fatal trench collapse occurred when excavation walls had no supports and spoil was left at the trench edge; a subsequent investigation found supervisory failures and breaches of the Health and Safety at Work etc. Act 1974 leading to convictions and custodial and financial penalties. The case shows the practical consequences of failing to control excavation hazards.

What Was The Incident?

On 24 June 2020 at a construction site in Surrey a worker was replacing a damaged pipe at the bottom of a deep trench dug with a three tonne digger. Excavated soil had been piled immediately next to the trench edge and there were no supports to prevent collapse. While clearing soil with a shovel and pickaxe the trench walls collapsed without warning and the worker was buried under about two tonnes of soil and died at the scene. A joint investigation found no protective measures in the trench and that, earlier the same day, a self employed contracts manager had seen work taking place in the unsupported excavation but did not ensure controls were put in place.

What Was The Outcome?

Following trial and court proceedings the principal contractor and the subcontractor were convicted of breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The subcontractor was fined £650,000 and ordered to pay costs of £40,000. The principal contractor was fined £500,000. The self employed contracts manager pleaded guilty to breaching Section 7 of the Health and Safety at Work etc. Act 1974 and received a 10 month prison sentence suspended for 18 months and was ordered to complete 150 hours of unpaid work. The prosecution was brought by the Crown Prosecution Service.

Key Points To Consider

Excavation protection measures. Review designs and on site controls for every excavation to ensure appropriate support is provided such as shoring, trench boxes or battering and confirm spoil is stored a safe distance from the edge so collapse risk is not increased.

Supervision and duty to act. Verify supervisors and managers are competent to spot unsafe conditions, empowered to stop work and required to record and follow up observations that indicate controls are missing or failing.

Risk assessment and rescue planning. Ensure site specific risk assessments and safe systems of work cover small tasks in deep excavations, set out controls for plant and manual work, and include rescue arrangements and emergency equipment suitable for trench collapse scenarios.

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