Maidstone Magistrates have ordered a demolition worker to carry out 120 hours of community service after a colleague suffered serious leg injuries when he tried to drive an excavator and accidently knocked down a wall.
Sloane Demolition was knocking down a building in Maidstone and five employees, including defendant Devon Stoner of Whitehorse Road, Croydon, were sorting bricks from a demolished chimney breast into an excavator bucket for reclamation.
Stoner climbed into the excavator, which had been left with the keys in, to move it around the site, but he was unable to control it and it caused a wall to collapse.
A colleague was unable to move out of the way and was trapped, suffering serious leg injuries, a broken ankle and a shattered shin. He has since had a steel plate inserted.
Stoner was not trained or authorised by the company to operate that type of plant.
"Workplace transport is the second biggest cause of fatal accidents, and it is extremely fortunate that this incident didn't result in a death," said Health & Safety Executive inspector David Fussell.
"Nationally around 80 people are killed every year, and there are more than 1,500 major injuries."
Stoner admitted breaching Section 7(a) of the Health and Safety at Work Etc. Act 1974 which requires every employee at work to take reasonable care for his own health and safety and of other persons' who may be affected by his commissions or omissions.
"The fact that serious injury or death can result from the use of machinery and vehicles makes it all the more essential for employees to have respect for, and follow the safe working procedures for workplace transport that have been put in place by their employers," said Mr Fussell.
"The HSE will not tolerate employees exposing their colleagues or members of the public to unacceptable risks due to their work practices. There is simply no excuse for employees to plead ignorance of good health and safety practice."
