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Excavator misuse breaks fencer’s back

13 Jan 15 A crew that used an excavator bucket to hammer in fence posts learned the hard way that it was not a good idea.

RMC Building & Civil Engineering Ltd was prosecuted yesterday for safety failings after an employee broke his back when he was struck by the bucket on a digger.

The incident took place at the Longleat Estate in Warminster in January 2014 and was investigated by the Health & Safety Executive (HSE).

Swindon Magistrates’ Court heard that RMC had been hired to install fencing around the estate. Peter McGrellis, 48, was one of three employees carrying out the work, using a digger to push wooden fence posts into the ground.

The posts were held by hand whilst the machine operator rested the bucket on top of the post and applied downward pressure to it.

Mr McGrellis was holding one of the posts ready for the digger to push it down. The top of the post split, causing the bucket to slip and hit him on the shoulder, knocking him to the ground. His injuries included a broken vertebra.

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The HSE investigation found that the company failed to plan, manage and monitor the work. The method statement prepared by the company for the operation indicated that a proper post driver was going to be used to drive the posts into the ground but that the digger may be used to position the posts. A post driver had been ordered along with a smaller excavator but it arrived after the incident happened.

The investigation also found that while a risk assessment had been produced, it made no reference to the risk of working close to the excavator

RMC Building & Civil Engineering Ltd, of Perivale Business Park, Horsenden Lane, Greenford, London, was fined £1,500 and ordered to pay costs of £1,117 after pleading guilty to a single breach of the Provision and Use of Work Equipment Regulations 1998.

HSE inspector Ian Whittles said after the hearing: “The use of excavator vehicles in such a manner is dangerous and is known to cause injury. The serious failure of RMC Building & Civil Engineering in not managing this job properly led to this avoidable incident and unfortunately Mr McGrellis suffered as a result.

“Workers have a right to expect that the equipment they use is appropriate for the task – on this occasion the equipment used was clearly not suitable for the job. Anyone in control of construction projects must ensure the work is properly planned and thoroughly risk-assessed to avoid such incidents.”

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