- Lift supervisor struck and fatally injured by a telehandler on a construction site in Cheshire.
- HSE found the driver had chosen to reverse without a banksman despite a clear turning circle being available.
- Driver had also been using his mobile phone while in control of the vehicle, contrary to site rules.
- Telehandler operator given a 12-week suspended custodial sentence and fined £800.
A self-employed telehandler driver has been sentenced after he reversed over his colleague on a construction site in Cheshire, causing fatal injuries.
In June 2023, 49-year-old James Connolly was working as a lift supervisor on a large construction site in Ince, Ellesmere Port, where Michael Nixon was working as a telehandler operator.
On the morning of 11 June, whilst walking back to his work area from the welfare compound, Mr Connolly was struck and reversed over by the telehandler being operated by Michael Nixon, resulting in fatal injuries.
In a victim personal statement, Jamie’s mother Pauline Connolly said:
“I have constant flashbacks to that day and every time we get a phone call my heart drops and I fear the worst news, I am always saying, ‘who is it? What is it?’
“Every time I see someone in a high viz jacket and a hard hat, I think it is Jamie. I am changed forever since my son’s death. I miss and think about him every day. My first-born child. My only son.”
Jamie’s daughter Amelia Connolly said:
“I struggle with a great deal of anger. I am angry that my dad went to work and never came home. Alongside the sadness there is also a constant sense of injustice. It is difficult to accept that someone could leave home for work and never return to their family.”
An investigation by the Health and Safety Executive found that the principal contractor had taken steps to minimise the need for reversing on site, including the creation of a turning circle, which was unobstructed at the time of the incident. Despite this, Michael Nixon, who was a qualified and experienced telehandler operator, chose to reverse the vehicle without the aid of a banksman, with tragic consequences.
The investigation also found that Michael Nixon had been using his mobile phone whilst in control of the telehandler, contrary to the site rules he had signed up to.
HSE publication The safe use of vehicles on construction sites HSG144 sets out the risks involved and ways of avoiding reversing on construction sites, as well as setting out a checklist of safe working practices for drivers to follow.
Michael Nixon, 46, of Deeside, Heswall, Wirral, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974.
He was sentenced to 12 weeks’ imprisonment, suspended for 12 months, and fined £800. He was also ordered to pay £2,000 in costs, at Warrington Magistrates’ Court on 11 August 2026.
HSE Principal Inspector Laura Royales said:
“Workplace transport incidents remain one of the biggest causes of deaths in the workplace. It is vital that drivers follow the site rules and do not cut corners and put lives at risk.
“Our thoughts remain with the family of James Connolly.”
This HSE prosecution was brought by HSE enforcement lawyer Nathan Cook and paralegal officer Benjamin Stobbart. The investigation was supported by Visiting Officer Sarah Ough.
Further information:
- The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
- More information about the legislation referred to in this case is available.
- Further details on the latest HSE news releases is available.
- Relevant guidance can be found here The safe use of vehicles on construction sites HSG144
- HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so. The sentencing guidelines for health and safety offences can be found here.