Excavator driver fined after pedestrian killed near building site The Health and Safety Executive (HSE) is warning machine operators to ensure that they adhere to safe working practices when using excavators, following HSE’s prosecution of an excavator driver after a pedestrian was killed in Maida Vale, Westminster, in February 2007. Colin Clifford, 50, from Enfield, was today fined £2,500 and ordered to pay costs of £1,250 at the Old Bailey, after pleading guilty to breaching 7(a) of the Health and Safety at Work etc. Act 1974. HSE investigating inspector Lisa Chappell said: "Construction machinery is obviously dangerous, and can cause harm to both site workers and members of the public. Plant operators must take sufficient time and care when manoeuvering vehicles. This case shows the worst case of what can go wrong when operators cut corners." Excavator driver fined after pedestrian killed near building site The Health and Safety Executive (HSE) is warning machine operators to ensure that they adhere to safe working practices when using excavators, following HSE’s prosecution of an excavator driver after a pedestrian was killed in Maida Vale, Westminster, in February 2007. Colin Clifford, 50, from Enfield, was today fined £2,500 and ordered to pay costs of £1,250 at the Old Bailey, after pleading guilty to breaching 7(a) of the Health and Safety at Work etc. Act 1974. HSE investigating inspector Lisa Chappell said: "Construction machinery is obviously dangerous, and can cause harm to both site workers and members of the public. Plant operators must take sufficient time and care when manoeuvering vehicles. This case shows the worst case of what can go wrong when operators cut corners." On 2 February 2007, Mr Clifford was operating an excavator outside a house in Sutherland Avenue, London W9 and within a fenced off area. The excavator had a number of buckets stored in the front bucket of the machine and while, turning the excavator, Mr Clifford raised the front buckets over the site fence until they were hanging over an unprotected section of public pavement. At that point an 81 year-old pedestrian, Mr Joseph Johnston, was walking past. Mr Clifford then unintentionally operated the wrong lever causing the stored buckets to fall to the pavement. At least one of these struck Mr Johnston, who died soon afterwards. The HSE investigation showed that Mr Clifford had sufficient space to turn his excavator without the need to lift the front bucket above the public pavement, and also that there were other workers nearby who could have helped in closing the public pavement had it been necessary to do so. Notes to Editors * Section 7(a) of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of every employee while at work to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work." Solemn reading Stock
A really tragic deal and dumb. What really amazes me is how small the fines were. Our OSHA would have fined many times that amount.
A very sad tale, especially for the pedestrian and his family. Here in CA, not only would the operator be liable, but his boss would likely face fines and jail time as well. Then they start on the company, and the fines there would be substantial, then comes the civil suit from the victems family. The company would likely go out of business as a result of such an act here.
You know, it is a horrible thing. When you figure you've lived to be 81 years old, you wouldn't expect to be killed by a falling bucket. But to the fines- this operator will have to live with this forever. What is the sense of ruining the company that provides for so many other people? Maybe this is the way it should be. Yes, I'm sure there will be a civil suit and hopefully it will be just. But so often in the US, we go ahead and trash so many others' lives after an accident. So instead of two victims and their families (operator & pedestrian), we end up with many, many more once the lawyers and OSHA get through. Just my humble opinion. Sorry for venting in public.
+1 Accidents such as this one are horrible. there have been many people hurt and killed on construction sites. Here in America, an owner not only has to deal with the fact someone died, but that he will most likely lose his business and any hopes of rebuilding it.
everytime we tell our subordinates what they should do, the tone of the voice we are to use should be in a moderate sense that they would feel you are really concerned with them. you could not deliver too a warning reluctantly. SPAM LINKS REMOVED
Don't think that second Link is allowed ATTENTION moderators
Thanks, Stock. The second one was totally illegal for here, but they were both spam. :ban