A building company has been fined following an investigation into a safety failure incident.

On 16th January 2014, Peter McGrellis, who was 48 and living in Westbury at the time, broke his back when a post he was holding had split, causing a bucket on a digger to slip and hit him on the shoulder, knocking him to the ground.

The incident, which happened at the Longleat Estate in Warminster, caused him to suffer significant injuries, where he ended up spending over a week in hospital with a broken vertebrae. Mr McGrellis still suffers pain now.

An investigation into the incident by the Health and Safety Executive (HSE) found that the company, RMC Building and Civil Engineering Ltd, of Perivale Business Park, London, failed to monitor, plan and manage the work.

Also, a ‘post driver’ that had been ordered for use during work to fix the posts into the ground, failed to arrive until after the incident had happened.

The enquiry also found that, although a risk assessment had been carried out, no reference had been made to the danger of working close to the digger.

RMC Building and Civil Engineering were prosecuted by the HSE at Swindon Magistrates’ Court on 12th January 2015.

The firm pleaded guilty to a single breach of the Provision and Use of Work Equipment Regulations 1998 and was fined £1,500 and ordered to pay up costs of £1,117.

HSE Inspector, Ian Whittles, said after the hearing, he felt the firm’s failure in managing the job properly led to an avoidable incident and the suffering of Mr McGrellis.

“The use of excavator vehicles in such a manner is dangerous and is known to cause injury,” Mr Whittles said.

He added that workers have a right to expect that the equipment they use is appropriate for the job, and on this occasion, it was clear that the equipment was not suitable.

“Anyone in control of construction projects must ensure the work is properly planned and thoroughly risk-assessed to avoid such incidents.”