Company fined after man dies at Derbyshire construction site

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Birch Brothers (Kidderminster) Ltd appointed liquidators last year

BBC NewsThe Health and Safety Executive said Philip Macdonald was helping build an overflow weir at Monk's Pond, near Ashbourne, on 5 September 2017.Birch Brothers Ltd - who appointed liquidators last year - must also pay court costs of £4,621.90.

The company, based at Sandy Lane Industrial Estate in Stourport-on-Severn, Worcestershire, pleaded guilty to breaching Regulation 27 of the Construction Regulations 2015 during a hearing at Kidderminster Magistrates' Court on Thursday.The HSE said Mr Macdonald was with colleagues on a road above the work area waiting for the excavator to remove sand from trench boxes when it rotated clockwise and crushed him.

After the incident a prohibition notice was issued banning work at the site, and an investigation found the work "had not been adequately planned, and no instruction had been given to the digger operator" or pedestrians in the area. "The risks associated with the work had not been adequately assessed either, and there was no segregation of pedestrians and plant in this area of the site," the HSE said in a statement.

"The company had not appointed a banksman to ensure the safety of pedestrians while the vehicle was in operation and there was also nobody to oversee this element of the work to ensure it was carried out safely."Follow BBC East Midlands on

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