A housing company has been fined after a driver was crushed to death by concrete blocks at a construction site in South Lanarkshire.

HGV driver Conor Joseph Morgan was delivering materials to Shott Farm in High Blantrye, a site run by Avant Homes (Scotland) Limited. On 19 April 2017, the 45 year old was on hand to assist with unloading materials from a flatbed trailer.

Concrete blocks were being unloaded using an excavator with pallet fork attachment. However, the length of the pallet forks fitted to the excavator exceeded the width of the pallet being unloaded.

This meant that when the pallet was lifted, the forks caught another pallet stacked beside it, toppling concrete blocks off the trailer’s edge and onto Mr Morgan.

Investigating the incident, the Health and Safety Executive (HSE) found that Avant Homes (Scotland) Limited had not ensured a safe system of work was in place for unloading the delivery vehicle. As Principal Contractor, it was their responsibility to do so.

It was also discovered that Mr Morgan’s employer, Regen Waste Ltd, did not carry out a suitable and sufficient risk assessment for delivering to sites not under their control. 

On 19 June at Hamilton Sheriff Court, Avant Homes (Scotland) Limited pleaded guilty to a breach of Section 3(1) of the Health and Safety at Work etc. Act 1974 and were fined £333,000.

Regen Waste Limited of Newry, County Down pleaded guilty to breaching Regulation 3(1)a of the Management of Health and Safety at Work Regulations 1999 and were fined £23,000.

Speaking after the case HSE Principal Inspector Graeme McMinn said:

“This was a tragic and wholly avoidable incident, caused by a failure of the principal contractor to implement a safe system of work.  The employer also failed to carry out a suitable and sufficient assessment of risk.”

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

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