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Birmingham contractor fined £500,000 after worker struck by tipper truck

13 February 2018

A principal contractor has been fined after a worker was struck by a tipper truck.

North Staffordshire Justice Centre heard how on, 15 October 2015, a ground worker was working on the development site of over 370 houses at Burntwood Business Park.

At the time of incident there were a number of tipper trucks delivering material to the site and various ground workers were directing the drivers to different areas. The injured worker was walking along a haul road in an attempt to attract the attention of a vehicle in another area of the site when he was struck and run over by a tipper truck.

The worker suffered serious injuries including several broken bones in both legs and feet and severe damage to the blood vessels in his legs. His injuries resulted in him having his right leg amputated to the knee over 12 months after the incident.

An investigation by the Health and Safety Executive (HSE) found that there were insufficient protected walkways across the site and that there was no control over access to the site. The investigation also found that there was an accepted practice of walking on haul roads and that there was a lack of an up to date traffic management plan.

MV Kelly Ltd of Tyseley, Birmingham pleaded guilty to breaching Regulation 27(1) of the Construction (Design and Management) Regulations 2015. The company was fined £500,000 and ordered to pay costs of £30,000 with a victim surcharge of £120.

Speaking after the hearing, HSE inspector Katherine Blunt said: “Incidents like this should never be allowed to take place. Construction sites should be organised in a way which prevents pedestrians and vehicles coming into contact with each other.

“This incident resulted in a worker sustaining life-changing injuries and should serve as a reminder to principal contractors of the need to properly organise construction sites to keep workers and members of the public safe.”

Notes to Editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
  2. More about the legislation referred to in this case can be found at:
  3. HSE news releases are available at
  4. More information about workplace transport can be found at

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