Spillard News

A banksman was killed when a motor grading machine reversed over him.

Ilkeston magistrates heard on 13 March that the incident occurred in August 2003 during construction of a large car park at Burnaston, near Derby.

The banksman, working with the motor grading machine which is used for levelling earth or stones on the ground. The court was told that he had been walking ten metres in front of the machine holding a measuring staff that receives laser signals indicating the level of the ground. He had been giving hand signals to the driver of the machine, so that he could adjust its blade accordingly. However, while he was taking a measurement behind the machine, it reversed over him. He could not be seen by the driver, as he had been in a blind spot behind the machine. He sustained fatal multiple injuries at the site.

The company pleaded guilty to two charges of breaching s2(1) of HSW A 1974 by not providing a safe system of work (fine £10,000) and not ensuring the safety of plant (fine £15,000). It was ordered to pay the HSE’s full costs of £2297.

The sub-contractor pleaded guilty to breaching s3(1) of the same Act and was fined £15,000 with full costs of £2052.

HSE inspector David Jordan, who investigated and prosecuted the case, told SHP that readily available additional visibility aids should have been fitted to allow the driver better vision. “The driver should have been more aware of the location of his banks man. There was no clear system of work;’ he said. “The company could have done a lot more to prevent this death;’ he commented.

The company said in mitigation that it had adopted the method statements that had been compiled by the contractor before it began the work. It said its staff were very experienced and that it had since fitted CCTV to all its equipment.

The sub contractor said in mitigation it had been operation since 1956 and had a good safety record and held an ISO 9002 accreditation. It was a very responsible company and even though it was a sub¬contractor, it treated jobs as if it were the principal contractor.

Speaking after the case, Inspector Jordan said: “It is vitally important that construction sites are well organised to ensure that workplaces are safe. This means eliminating or reducing potential conflict between vehicle and pedestrian work, that vehicles are safe, and are fitted with good visibility aids to overcome any blind spots, and drivers are competent to work in a safe manner.
“This accident could have easily been avoided if greater care was taken while planning and carrying out the work.”