Materials Movement Limited received a fine after an employee was crushed to death whilst working on perimeter fencing on a building site.
James Rourke, 22, passed away after he was hit by an excavator at Sarazen Gardens in Brampton on the 18th of November 2019.
James, a site engineer, was affixing ‘warning’ work signs to fencing around the site when he was struck by the excavator.
From Westcliff-on-Sea in Essex, James had only joined Materials Movement Limited a few months prior after he graduated from the University of Birmingham in the summer of 2019.
Materials Movement Limited had been hired to carry out ground clearance works at Sarazen Gardens, the site of an upcoming housing development.
The resulting Health and Safety Executive (HSE) investigation found that Materials Movement Limited had not planned and managed the work undertaken at Sarazen Gardens.
They failed to properly supervise the work undertaken by James and the excavator driver to make sure that everything was being done safely. They also failed to ensure the planning and management of the work in order to foresee and prevent any chance of James working near the excavator.
The HSE’s guidance stipulates that employers must consider five main precautions needed to ensure that excavator hazards are under control, these are: exclusion, clearance, visibility, plant and vehicle marshaller and bucket attachment.
James’ mother, Clare, said in her victim personal statement:
“The sunshine has been taken from our lives and the dark gap is immense.
“Our profound loss is ever present; James is always missing. Missing from family events, Christmas, birthdays, holidays. Unknown to newborn family members. Unknown to new friends.
“Our house has a bedroom with no owner. Possessions we cannot bear to touch, photographs we cannot look at.
“We were an even family of six, now an odd family of five – incomplete, unbalanced.”
Materials Movement Limited pleaded guilty to breaching Regulation 15(2) of the Construction (Design and Management) Regulations 2015. The company was fined £133,330 and ordered to pay £8,500 in costs at Peterborough Magistrates’ Court on 22 March 2024.
HSE inspector Martin Paren said:
“This tragic incident led to the avoidable death of a young man. This death could have easily been prevented if his employer had properly planned, instructed, and supervised the work.
“Our thoughts today are with the family of James, who should have been protected from such harm at work – because of the failings of Materials Movement Ltd he was not.”
This prosecution was brought by HSE enforcement lawyer Jon Mack and supported by HSE paralegal officer David Shore.
Clare added:
“James was perfect. He was a big part of our close family unit. He would do anything for us. We cherished him, dearly. He was a compassionate, valued friend to many and was known for his humour and gentle nature.”
Further reading
For some further information about accidents at work, check out this page.
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