Northampton-based company fined £200,000 after worker killed by JCB due to ‘safety failings’

The Health and Safety Executive has prosecuted a Northampton-based waste management company
The Health and Safety Executive has prosecuted a Northampton-based waste management company

A waste management company based in Northampton has been ordered to pay a total of £265,000 after it admitted safety failings that contributed to the death of a worker who was run over by a JCB.

Patrick Murphy, a 58-year-old father-of-two, was hit by a JCB loading shovel as he was clearing litter at FCC Waste Services (UK) Ltd’s Waterdale Waste Transfer Station in Watford on August 17, 2012. He died at the scene.

The Health and Safety Executive (HSE) prosecuted FCC Waste Services (UK) Ltd at St Albans Crown Court after an investigation found the company failed to organise and control the workplace to ensure that pedestrians and vehicles could circulate and operate safely.

The court heard the site handled household waste and material for recycling, which was delivered to the site by refuse collection vehicles.

The vehicles would be driven across the manoeuvring yard, referred to as “the apron”, to a large warehouse known as the tipping hall.

There were also two loading shovels operated by FCC staff working on the site, moving the tipped waste around and it was one of these which struck and killed Mr Murphy whilst he was litter-picking out on the apron.

FCC Waste Services (UK) Ltd, of Northampton Business Park, Brackmills, was fined a total of £200,000 and ordered to pay costs of £65,000 after pleading guilty to breaching Regulation 4(1) and Regulation 17(1) of the Workplace (Health, Safety and Welfare) Regulations 1992 and to breaching Regulation 5(1) of the Management of Health & Safety at Work Regulations 1999.

After the case, HSE Inspector Roxanne Barker, said: “Mr Murphy lost his life in what was an entirely preventable tragedy caused by FCC Waste Services (UK) Ltd’s failure to fully recognise and control the hazards arising from activities in and around the tipping hall at its waste transfer station.

“There are significant risks associated with operating large construction type vehicles on waste sites, particularly when, as in this case, the vehicles have restricted visibility. These risks are well known and easily controlled using reasonably practicable precautions.

“Every year many people are killed or seriously injured in incidents involving workplace transport, and there is no excuse for companies that neglect this risk. Pedestrians, whether they are employees or not, should be kept separate from these types of vehicles through physical barriers or safe systems of work that are clear and well supervised.”