December 6, 2018

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Company and Director fined following fatality

A concrete pumping company and its sole Director have been fined after an employee was struck and killed by concrete.

Westminster Magistrates’ Court heard how on 13 February 2017 the deceased, Mr Kevin Hoare was attempting to clear a blockage in a vehicle mounted concrete pump at Cranbook Road, Wimbledon. The pump ejected concrete, which struck and killed Mr Hoare. The 26-year-old had only joined Anytime McDaids in December 2016.

The HSE’s investigation found that Anytime McDaids Limited:

  • Had no system to train operators to carry out the work safely, or arrangements to supervise them;
  • Failed to ensure the safety, so far as is reasonably practicable, of its employees and of others who may be affected by their work due to the lack of adequate training and supervision.

Anytime McDaids Limited’s failings were due to the neglect of the firm’s sole Director, Laurence McDaid.

Fines

Anytime McDaids Limited of Greenford, Middlesex, pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974 The company was fined £30,000 and ordered to pay costs of £12,102.81.

Laurence McDaid of Tooban, Burnfoot, County Donegal, Republic of Ireland, pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc. Act 1974. He was fined £2,600 and ordered to pay costs of £636.99.

Speaking after the hearing, HSE Inspector James Goldfinch said: “Concrete pumps have great potential to be dangerous when operated by those without suitable training, as they operate under high pressures.

“All employers should ensure that equipment which can kill or cause harm to employees and nearby members of the public are operated by suitably trained and supervised workers. Company directors like Mr McDaid have a responsibility to ensure their company works in compliance with health and safety legislation, part of which is to ensure their employees are provided with adequate training and supervision.

“In this case a young worker, having only been employed by the company for two months, was not provided with adequate training and supervision, which led to the unsafe operation of the pump and ultimately his tragic death”.

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