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Written by
on 14 May 2012

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A subcontracted worker was seriously injured after being hit by a fork lift truck in Yeovil. The fifty year old construction worker was experienced in his job as a ground worker for CJL Construction Ltd. When he was subcontracted by Brookvale Homes SE he was instructed to install some external drainage which was to serve some new terraced properties in Somerset. While working he was knocked down, which resulted in an investigation.

Serious Injuries to Leg and Foot of Experienced Ground Worker

Paul Daniels suffered multiple shattered bones and lost part of his foot due to the incident. While inspecting the fall of the drainage pipes he was hit in the chest by a right stabiliser of a fork lift truck as it was driven towards him on site. The large vehicle ran over his left which left his foot partially amputated and shattered his bones.

A Clearway for Forklift and other Vehicles could have avoided accident

This incident could have easily been avoided if Brookvale Homes had gone to the trouble of managing the flow of traffic and pedestrians on site. That was the verdict of the investigation carried out by the Health and Safety Executive. There were no dedicated walkways for pedestrians to follow and there was a problem caused by obstructions.  Without any restricted areas designed purely for vehicles and the fact that vehicles were being driven across a thoroughfare used by workers on foot the risks of someone being hurt were significantly increased. On the day of the incident there were skips causing the width of the carriageway to be significantly reduced. Due to their findings the company was prosecuted at Yeovil Magistrates Court.

Brookvale Homes SW based in Yeovil was found guilty at the Yeovil Magistrates court on 3 May 2012.  They were fined £10,000 and ordered to pay court costs of £7,576.40 for breaching Regulation 36 of the Construction Design and Management Regulations 2007. Regulation 36 states that all construction sites much be organised in a way so that vehicles and pedestrians can move safely on site without any risks.

Follow the Laws or Risk Being Prosecuted

This case shows that the laws must be followed if you wish to reduce the risks on site, and prevent being prosecuted by the Health and Safety Executive.  You must ensure that the organisation of your site has been carefully planned out to prevent any incidents involving pedestrians and those in control of vehicles. You must be considerate to your workforce and put in place safety measures involving segregation of vehicles and those working on the site.

If you require assistance in understanding the CDM Regulations or wish to have your site checked to see if you are complying with the laws you should contact health and safety consultants.  A CDM coordinator will be able to handle the risk management on site and deal with all the health and safety aspects of the design process.

The health and safety services such as CDM coordinator can be used to prevent accidents and show compliance with the regulations. Call 0800 1488 677 and ask for a quote for the CDM coordinator service.

About 

A chartered (fellow) safety and risk management practitioner with 20+ years of experience. David provides a healthy dose of how-to articles, advice and guidance to make compliance easier for construction professionals, Architects and the built environment. Get social with David on Twitter and Linkedin.

A chartered (fellow) safety and risk management practitioner with 20+ years of experience. David provides a healthy dose of how-to articles, advice and guidance to make compliance easier for construction professionals, Architects and the built environment. Get social with David on Twitter and Linkedin.

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