Builder jailed after crushing employee to death with digger
Robert Harvey was operating the machine when Nicholas Hall was pinned against a wall by the excavator bucket, causing fatal injuries.
A builder has been jailed after crushing an employee to death with a digger.
Robert Harvey was operating the machine when Nicholas Hall was pinned against a wall by the excavator bucket, causing fatal injuries.
Harvey, of Glasgow, who the Health and Safety Executive (HSE) found was not appropriately trained to use the excavator, pleaded guilty to breaching health and safety legislation.
He was jailed for 10 months at Hamilton Sheriff Court.
The court heard Harvey's company Front Row Builders was building a vehicle wash bay for Peter Lawless Road Planing at Craighead Industrial Estate, Cumbernauld, North Lanarkshire, on May 7, 2016.
Harvey was using the digger to lower cement and blocks into the excavation pit for the three men working there, including Mr Hall, to use in building a wall.
He tipped the bucket to empty the mortar contents and shouted to Mr Hall to scrape the rest out with a shovel''.
Mr Hall was pinned against the wall by the excavator bucket and died of blunt force injuries to his chest and abdomen.
A HSE investigation found Harvey was operating the excavator without appropriate training or certification and had failed to carry out a sufficient risk assessment.
Speaking after the hearing, HSE inspector Helen Diamond said: "Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers in the safe system of working.
"If a suitable safe system of work had been in place prior to the incident, the death of this worker could have been prevented."