LCSHub, jail, sentence, prosecution, director, section 37, section 7 health and safety

Sole director jailed after employee killed

28 October 2019

A sole director and employee of a Ltd company has been sentenced after an employee, was crushed to death by an excavator bucket, which director was operating.

The employee was pinned against the wall of an excavation pit for a vehicle wash bay that was under construction. 

An investigation by the Health and Safety Executive (HSE) found that the director/employee failed to undertake a sufficient assessment of the risks to those who had been instructed to work with him, he operated a long reach excavator without receiving the appropriate training or certification and he instructed another employee, who was working within the excavation, to remove mortar from the bucket.

He pleaded guilty to breaching Section 7(a) and Section 33(1)(a) of the Health and Safety at Work Act etc 1974, and was given a 10 month custodial sentence.

“If a suitable safe system of work had been in place prior to the incident, the death of this worker could have been prevented.”

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