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Demolition company sentenced after worker severely injured on first day

22 November 2013

A Nottinghamshire demolition company has been fined after a worker suffered severe injuries when he was hit by a falling excavator bucket on his first day on site.

Labourer James Wilson, of Misterton, was working for Bloom Plant Ltd on a demolition site on Kilton Road, Worksop, on 10 January 2011.

Excavator driver Paul Batty, who was also employed by Bloom Plant Ltd, was re-attaching the four tonne excavator bucket to the boom of his machine when it fell and slid down a pile of rubble, landing on Mr Wilson and leaving him with major crush injuries.

Mr Wilson, who was 46 when the incident happened, lost his left eye and part of his scalp.  He also broke his eye socket, cheekbone, jaw, nose, left collarbone, several ribs and his left leg. He also punctured a lung and severed the nerves on his bottom lip.

Mr Wilson was in a coma for two weeks and had to have a tracheotomy to help him breathe. He also needed extensive reconstructive surgery. He is still receiving medical treatment and will continually need to take pain relief.

An investigation by the Health and Safety Executive (HSE) found Bloom Plant Ltd had no safe systems of work in place and had not given Mr Wilson adequate information, instruction, training or supervision including adequate warnings of the hazards involved when working around plant.

Nottingham Crown Court was told that employees should have been excluded from the area while the bucket was being re-attached and a safety pin used to secure it in place.

Bloom Plant Ltd, of Askham Road, East Markham, Newark, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc act 1974 by failing to provide and maintain safe systems of work and to provide adequate information, instruction, training or supervision. Today (22 November) the company was fined £40,000 and ordered to pay costs of £27,500.

After the hearing HSE inspector Kevin Wilson said:

“Mr Wilson suffered appalling injuries and was extremely lucky to survive.   “Bloom Plant Ltd should have provided safe systems of work with better instruction, information, training and supervision, especially as the operations being carried out were known to have serious risks. Instead, Mr Wilson was put in a position of grave danger.”

Further information about safety in the construction industry is available at

Notes to editors

  1. The Health and Safety Executive is Britain’s national regulator for workplace health and safety. It aims to reduce death, injury and ill health. It does so through research, information and advice, promoting training, new or revised regulations and codes of practice, and working with local authority partners by inspection, investigation and enforcement.
  2. Paul Nathan Batty, of Grange Road, Ordsall, Retford, pleaded guilty to breaching Section 7(a) of the Health and Safety at Work etc Act 1974 by failing to take reasonable care of the health and safety of others. He was sentenced to 250 hours of unpaid work and ordered to pay a £200 contribution towards costs at Mansfield Magistrates’ Court on 3 October 2012.
  3. Section 2 (1) of the Health and Safety at Work etc Act 1974 states:  “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”
  4. Section 7(a) of the Health and Safety at Work etc Act 1974 states: “It shall be the duty of every employee while at work to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work.”

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