Brentford firm prosecuted over foreman death

A firm has been charged following the death of a foreman on a London construction site.

Gerry Fox was crushed by an excavator bucket filled with concrete, which fell from the arm of a truck being operated by a colleague in August 2007.

Euro Earthworks, of Boston Manor, Brentford, is accused of breaching the health and safety act. The company has entered administration since the incident.

Hydro Plant, which provided the excavator, and Michael Cunningham, the excavator operator, were both fined at City of London Magistrates' Court after admitting health and safety breaches.

Hydro Plant and Mr Cunningham were ordered to pay a total of £17,000 and £1,700 respectively.

City of London Magistrates' Court was told that Euro Earthworks had not adequately planned, managed and monitored the construction work.

It also heard that Euro Earthworks had failed to take "reasonably practicable steps", following advice from the Health and Safety Executive (HSE), which would have prevented the incident.

HSE inspector Loraine Charles said: "This tragic incident was entirely preventable. There had already been a significant number of incidents involving buckets becoming detached from quick hitches, in particular semi-automatic quick hitches where operators had failed to insert the safety pin."

Malcolm Underhill, Partner and Personal Injury specialist, comments: "This is another good example of the Health and Safety Executive using their powers to punish those who fail to ensure the safety of workers.

"Further, although Euro Earthworks may have gone into liquidation, the family of the deceased will still be able to bring legal proceedings for the losses they have suffered as a result of builder's demise, by pursuing the company's insurers."

IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB's Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk.