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Tonic Construction Prosecuted After Worker Killed By Toppling Truck

Tonic Construction has been fined GBP200,000 after a worker was killed when he was struck on the head by a falling dumper truck.

Cheltenham Magistrates’ Court heard how Shaun Carter, an employee of the civils contractor, was driving a forward tipping dumper onto the top of a spoil heap on Tuesday, 31 May. However, the vehicle became stuck on the edge of the spoil heap and when Mr Carter jumped off the truck, it flipped over and struck him on the head. Mr Carter sustained serious head injuries and died at the scene.

A Health and Safety Executive (HSE) investigation into the incident found that it was practice on this and other sites for dumpers to access spoil heaps with no barriers to prevent over-running.

To compound the situation, an excavator had removed some of this particular spoil heap, therefore creating a sheer face.

Tonic Construction Ltd pleaded guilty to breaching Regulation 2 (1) of The Health and Safety at Work Act 1974. As well as being fined GBP200,000, the firm was handed a victim surcharge of GBP170 and ordered to pay over GBP5,585 in costs. Speaking after the hearing, HSE inspector Sue Adsett said: “Risks associated with the creation of spoil heaps had not been suitably and sufficiently assessed.

Either the company should have decided on a safer method which avoided the need for the dumper to access spoil heaps (as they have done after the accident), or they should have introduced stricter management arrangements which would have included bunds at a safe distance from the edge.”


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