The incident occurred on 10th October 2022 on a construction site in Ince, Cheshire.

The then 27-year-old driver — employed by Jim Yates Ltd —  had been reversing a one-tonne truck when it entered an unprotected excavation and overturned.

He sustained crushing injuries to his leg, resulting in a broken foot and ankle.

Not only did a Health & Safety Executive (HSE) investigation find he had not been wearing a seatbelt at the time, but discovered the company had instructed workers not to do so when operating one-tonne dumper trucks.

Instead, operators routinely fastened the seatbelt behind them before sitting on top of it. This disabled the vehicle’s seatbelt warning system and gave the false impression that the restraint was being worn correctly.

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The investigation also found that open excavations on the site were not adequately protected to prevent vehicles from entering them.

Jim Yates & Sons Ltd pleaded guilty to breaching the Health and Safety at Work etc Act 1974. The company was fined £20,000 and ordered to pay £4,824 in costs at Warrington Magistrates’ Court on Tuesday 14th July 2026.

“Suitable protection should have been in place to stop vehicles entering the excavation, and operators should never be instructed not to wear a seatbelt,” said HSE inspector Seve Gomez-Aspron.

“Seatbelts are a vital safety feature.

“They keep operators inside the protective zone created by the vehicle’s rollover protection structure if a dumper overturns, significantly reducing the risk of serious injury or death.”

This HSE prosecution was brought by enforcement lawyer Mathew Reynolds and paralegal officer Benjamin Stobbart.