It has been reported by the Health and Safety Executive that a joint venture consisting of three companies, established to support the Crossrail tunnel construction, have been fined over £1m as a result of three separate incidents, one being a death of a worker.

You can see the report from the Health and Safety Executive here;

BAM Nuttall Limited, Ferrivial Agroman (UK) Limited and Kier Infrastructure and Overseas Ltd made up Bam Ferrovial Kier (BFK), an unincorporated joint venture, who the three workers were operating under.

One was struck by a reversing excavator when collecting equipment inside one of the tunnels which resulted in severe fractures to his right leg and crush injuries to his left knee and shin. One, that was spraying a liquid concrete lining, was hit by pressurised water and concrete debris whilst cleaning one of the pipes, which resulted in him being hospitalised for six days with head and hip injuries and sadly one was crushed by falling wet concrete, which resulted in his death.

Following an investigation by the Health and Safety Executive it was found that the company had failed to provide a safe system of work and that they had failed to properly maintain the excavator. The investigation found that the proper enforcement of exclusion zones could have avoided the foreseeable harm that was inflicted on the workers.

In relation to the death of the worker, BFK admitted that they had breached Regulation 10(2) of the Work at Height Regulations 2005, and have been fined £300,000.

BFK also admitted to two separate breaches to Section 22 (1a) of the Construction (Design and Management) Regulations 2007, which related to the other two workers. They were fined a combined £765,000.

Annette Hall, HSE Head of Operations, said: “The omission to implement exclusion zones in a high hazard environment was a consistent failure in this case. Had simple measures such as these been taken, all three incidents could have been prevented…. We believe every person should be healthy and safe at work. Here, all three workers were taking part in one of the most important and challenging infrastructure projects of the decade. It was this joint venture’s duty to protect its dedicated and highly-skilled workforce. On these three occasions, BFK failed in its duty, with tragic consequences.”

An employer must provide safe premises, a safe place to work, safe plant, material and equipment and a safe system of working.

If you are in an accident at work, it may not be at the fault of your employer, however if it could have been avoided then you may have a claim for personal injury. A successful claim can help you recover lost wages as a result of time off and even provide you with private medical treatment.

If you have suffered an injury at work and you believe you sustained that injury due to lack of training of other employees, lack of equipment or faulty work equipment, or you feel the planning of the work was not adequate then contact our team today at Ringrose Law where we can advise you if you have a claim.

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We at Ringrose Law understand it can be difficult for some people to consider action against their employer, it should be remembered that they have Employer Liability Insurance for this very reason.

Call our Personal Injury team on 01522561020 for a free confidential discussion.

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