Lincoln Crown Court heard that 38-year-old Environment Agency (EA) plant operator Steven Hughes drowned when the dumper truck he was driving overturned on a narrow bank of the River Witham near Lincoln in September 2001.
Prosecuting on behalf of the HSE, Bernard Thorogood said that the agency was using dumper trucks to transport soil along the riverbank for flood defences when the accident happened.
On the day of the accident Hughes was depositing soil on a narrow stretch of bank. To reach the area he would drive along next to the riverbank before driving up a slight incline. However, it is believed that as Hughes attempted to drive up the incline the truck slipped off the bank and fell into the river. Hughes was trapped under the truck and drowned, said Thorogood.
The court heard that the accident happened because the EA failed to provide a safe system of work for the construction of the flood banks. Thorogood told the court that before the work started the EA had drawn up a pre-tender plan that identified that the trucks had to be kept at least one metre away from the edge of the riverbank. However, this plan was inadequate because it did not set out the physical precautions required to prevent the vehicles overturning into the water, such as safe vehicle routes, passing points or turning areas.
In particular there were no marker posts or warning tape in place along any part of the dumper truck's route to indicate the edge of the riverbank, said Thorogood.
The court also heard that while the width of the bank made it difficult for the dumpers to pass each other and turn safely in places, the drivers were left to decide the vehicle routes, passing points and turning areas themselves.
Thorogood added that the EA failed to take into account the site conditions when selecting the type of mobile plant suitable for the work. In particular, the court heard that the EA could have considered using tracked vehicles, which can operate on steeper gradients than wheeled dumpers and have a similar turning circle. The riverbank could also have been widened to provide greater clearance for the dumper trucks, said Thorogood.
Speaking in mitigation for the EA, which pleaded guilty, Mark Harris said that it deeply regretted the incident. He added that the EA had since revised its procedures covering the use of mobile plant near waterways and now always uses appropriate edge markings.
The EA was fined £150,000 under Section 2(1) of the Health and Safety at Work Act 1974 for failing to ensure the safety of people in its employment, and was also ordered to pay full costs of £19,710.
Commenting after the case, HSE principal inspector Samantha Peace said: "When planning construction work near water, contractors should ensure they have selected the right equipment for the site conditions, particularly where narrow banks and steep slopes leave little margin for error. They should mark the edges of the bank and difficult transition points with two-metre high poles and tape and ensure the people who work on the job have been trained."
Peace added: "What really counts is that these precautions then become a reality – that workers are told about them and not left to tackle work on the hoof. The only way that will happen is with effective supervision and management monitoring."
Source
Construction Manager
Postscript
Reprinted with permission from the HSWA newsletter. Email: publications@britsafe.org