£146k fine for company after joiner crushed to death by 20-tonne excavator

A construction company has been fined £146k after a joiner was crushed and killed by a 20-tonne excavator.

Philip McDonald had been hired by Birch Brothers (Kidderminster) Ltd to assist with the construction of a concrete overflow weir structure at Monks Pond, near Ashbourne in Derbyshire.

The 48-year-old was with colleagues on a road above the work area waiting for the excavator to remove sand from trench boxes when it rotated clockwise and crushed him.

Kidderminster Magistrates Court heard that the Principal Contractor, Birch Brothers (Kidderminster) Ltd, had hired in steel fixers and joiners to undertake the work before tragedy struck on 5 September 2017.

An investigation by the Health and Safety Executive (HSE) found that the work had not been adequately planned, and no instruction had been given to the digger operator, or to pedestrians who were working in the area. The risks associated with the work had not been adequately assessed either, and there was no segregation of pedestrians and plant in this area of the site.

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