Waste Management Company Prosecution After Worker Crushed by Excavator

Brief Summary

The company was prosecuted after a 24 year old worker had both legs amputated following a reversing 15 tonne excavator incident at its yard. HSE found the company did not have suitable arrangements to protect pedestrians when vehicles were moving, and the company pleaded guilty.

What Was The Incident?

On 7 November 2023, a 24 year old man working at the Shedfield yard was sorting waste when a 15 tonne excavator reversed over him. His lower legs were later amputated.

What Was The Outcome?

The company pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc Act 1974. After trial, the fine would have been £180,000, reduced to £120,000 for the guilty plea, but because the company had gone into liquidation it was ordered to pay a nominal fine of £1 and no order for costs was made.

Key Points To Consider

Separate pedestrians from reversing vehicles. HSE’s findings centred on failures to keep pedestrians safe while vehicles moved around the yard, particularly during reversing operations.

Plan reversing risks as a priority. Where large vehicles must reverse, employers need additional precautions to protect people working nearby, not just standard vehicle controls.

Use suitable yard arrangements to control circulation. Workplaces must be organised so pedestrians and vehicles can circulate safely, including practical site layout and management of vehicle movement.

Apply reversing guidance and simple precautions. HSE noted that most reversing accidents can be avoided by taking simple precautions, so timely implementation matters.

Ensure changes are made before an incident. Although the company introduced measures after the incident following HSE enforcement, the case shows the importance of preventing high risk vehicle movements from putting people in danger in the first place.

HSE Prosecution Link