Both parties had pleaded not guilty to charges brought relating to the incident that took place more than five years ago.
Southwark Crown Court heard how, on 2nd March 2014, during night work at a construction site in Stratford a site operative, Kevin Campbell, was struck by an excavator mounted vibrator (EMV) attached to a 35-tonne excavator.
Mr Campbell had been disconnecting lifting accessories from a metal pile that had just been extracted from the ground when he was crushed against a concrete wall a short distance away. Mr Campbell died from his injuries. Another site operative who was directly next to him had a narrow escape.
An investigation by the Health & Safety Executive found that principal contractor Clancy Docwra Limited had failed to ensure the safety so far as is reasonably practicable of its employees and of others who were not their employees working on the site. The investigation also found that Daniel Walsh, who was both site supervisor and the person operating the excavator at the time, was personally culpable.
Clancy Docwra Limited of Coppermill Lane, Harefield, Middlesex pleaded not guilty to breaching Section 2(1) and 3(1) of the Health & Safety at Work etc. Act 1974. It was fined £1,000,000 and ordered to pay costs of £108,502.30.
Daniel Walsh of Eastcote, Orpington, Kent pleaded not guilty to breaching Section 7(a) of the Health & Safety at Work etc. Act 1974 and was given a 6 month custodial sentence, suspended for 12 months and ordered to pay costs of £15,000.
HSE inspector Darren Alldis said after the hearing: “This death was wholly preventable and serves as a reminder as to why it is so important for companies and individuals to take their responsibilities to protect others seriously and to take the simple actions necessary to eliminate and minimise risks.
“If the risks had been properly considered by the company, and simple and appropriate control measures were put in place, then the likelihood of such an incident occurring would have been significantly reduced. Informing all site operatives of the specific risks they face when carrying out such tasks and the control measures required of exclusion zones, the importance of communication and the mandatory use of excavator safety levers were simple actions that should have been put in place and their effectiveness monitored.”
A spokesperson for Clancy Group said: “The effects of this tragic accident have been felt across our business. Our thoughts and deepest sympathies remain with Kevin Campbell his family and friends at this difficult time.
“We have a responsibility to strive towards an ever-safer construction sector. As a business, we continue to invest in training, equipment and technology to protect our teams in their work, and guard against an incident like this occurring again.”
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