The 24-year-old man was working for R W Waste at its yard in Shedfield on 7 November 2023, when a 15-tonne excavator reversed over him whilst he was sorting waste.
Health and Safety Executive (HSE) Inspector Nicola Pinckney said: “The failures of this company has left a young man with truly life-changing injuries. He has not been able to work since.
“Unfortunately, this type of accident is sadly not uncommon in this industry.”
£120k fine wiped due to liquidation
R W Waste pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974 at Southampton Magistrates Court.
The court heard that the appropriate fine, after trial, would have been £180,000, which was reduced to £120,000 to reflect the guilty plea.
However, the company had gone into liquidation and was unable to pay, and so was ordered to pay a nominal fine of £1 instead.
No order for costs was made for the same reason.
Pinckney added: “After the incident, and following enforcement action taken by HSE, the company did introduce a number of readily available measures that significantly reduce the risk of this happening again.
“We take these failures seriously and will hold those to account who fail to keep their workers and other people safe.”
Company found guilty of failing to protect pedestrians
An investigation by HSE found that R W Waste failed to protect its workers and other visitors to the site.
The company had not put in place suitable arrangements to keep pedestrians safe while vehicles were moving around the yard.
The workplace regulator stated that health and safety legislation requires workplaces to be organised so that pedestrians and vehicles can circulate safely. Where large vehicles must reverse, employers must consider additional precautions and implement them where appropriate to protect those working nearby.
The prosecution was brought by HSE enforcement lawyer Julian White and supported by HSE paralegal officer Gabrielle O’Sullivan.
Subscribe for free