Construction Firm Fined Over Fatalities

Failure to follow procedure can lead to health risks.

Russell Smith Limited, a construction firm based in Buckinghamshire, has been fined £5,000 and was ordered to pay the same amount in costs at Aylesbury Crown Court, after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. The company was prosecuted after a builder died following a trench collapse and claimed a no win no fee.

On the 16th April 2008, 22-year-old builder Josh Bladon, of Leyton Buzzard, was working on a residential building in Aylesbury when the fatal accident occurred and then later had an injury claim. Mr Bladon had been tasked with digging a trench for the foundations of a house on Langdon Avenue. The requirements for the main trench were such that two excavations – one at 1.2 metres and another at 2.0 metres – had to be made. These requirements deviated from the original plan, which called for a trench of 1.2 metres in depth at all points.

As Mr Bladon was working on the excavation, the main trench collapsed at its centre. When a colleague noticed that Mr Bladon had disappeared, he attempted to dig his way through the soil. Sadly, however, Mr Bladon could not be retrieved before he died from asphyxiation.

An investigation by the Health and Safety Executive, revealed that Russell Smith Limited had failed to implement an effective risk assessment of excavating the trench at an increased depth. Had the company done so, it was argued, steps could have been taken to ensure that workers were protected from a possible trench collapse.

Personal injury claims are often brought against employers in the construction industry, with numerous accident claims arising after workers have suffered from slips, trips or falls from height. In the present case, Mr Bladon may not have expected that the digging of a trench could prove so dangerous, which is why his employer ought to have identified the relevant risks and implemented effective measures to prevent injury or death. Although not as common as slips, trips or falls from height, trench collapses are foreseeable risks associated with the type of work carried out by Mr Bladon.

Speaking after the court hearing, Gavin Bull, an inspector for the medical compensation company, said: "Trench collapses are a well-known cause of serious injury and death in the construction industry, this incident could easily have been avoided had the correct planning taken place. This is a shocking case that has had a profound effect on the family of Mr Bladon. Companies need to recognise the dangers of excavations and ensure safe systems are in order, prior to starting work."

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