Two construction companies were prosecuted on 5^th August 2010 by the HSE after a 44 tonne piling rig machine crashed onto a busy main road in Hull.

Balfour Beatty Ground Engineering Ltd and Multibuild Ltd pleaded guilty to breaching health and safety laws at Hull Crown Court.

The court heard that a piling machine, used to drive building supports into the ground, fell over and rolled across the road before crushing a wall opposite during the evening rush hour on 10 December 2007. Tower Street was closed for several hours until it was made safe.

An HSE investigation found that the main contractor, Multibuild Ltd, was responsible for providing a stone platform for the machine to work from, but had failed to design or install it correctly.

Balfour Beatty Ground Engineering Ltd as a specialist sub-contractor had the responsibility for safely carrying out the work.

After the hearing HSE Inspector Dave Redman commented:

"This incident could easily have resulted in disaster, and it is nothing short of a miracle that no one was killed or seriously injured given it occurred during the peak of the evening rush hour.

"It is every company's responsibility to ensure that employees and members of the public are not exposed to danger from heavy construction machinery.

"There is extensive guidance governing safe working in this sector, and we hope today's prosecution serves to remind people of their duties so that we don't witness an incident of this kind again."

Balfour Beatty Ground Engineering Ltd, previously known as Stent Foundations Ltd, of Ashwood Way, Basingstoke, Hampshire, and Multibuild Ltd, of Pepper Road, Hazel Grove, Stockport, breached section 3(1) of the Health and Safety at Work Act 1974 in connection to the incident.

Balfour Beatty was fined £25,000 and ordered to pay £17,676 in costs. Multibuild Ltd was fined £20,000 and ordered to pay £18,687 costs.

Section 3(1) of the Health and Safety at Work etc. Act 1974 [HASAW] states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.

David Jones Editor-in-Chief of CDM2007.org comments:

“It is difficult to see how this accident would have happened if the Federation of Piling Specialists Code of Industry Best Practice had been adhered to?   The Code has been created to ensure these massive top-heavy machines are worked in a safe manner”

“The Federation states that piling operations is one of the first sub-contractors to work on a construction site.   Certain facilities need to be immediately available in order for the piling to commence in a satisfactory manner but also safely and in accordance with legislation”

“Bringing the prosecution under s.3(1) HASAW would seem to indicate a fundamental management failure.   It is vital that heavy plant is properly managed ~ these piling rigs need a piling mat and proper robust control to keep it on the mat.   A Piling mat is the base or road way which the piling rig will travel on.   The design of the piling mat is required to resist the forces from the piling rig during travelling and piling”

A copy of the Federation of Piling Specialists Code of Industry Best Practice can be downloaded from the following link: http://www.fps.org.uk/fps/safety/LolerGuidance.pdf

A copy of the Federation of Piling Specialists Safety Pre-commencement Requirements can be downloaded from the following link: http://www.fps.org.uk/fps/safety/Precommencement%20Requirements%20-%20piling.pdf

Ed.