The Health and Safety Executive (HSE) has successfully prosecuted a West Kent construction company after an employee was killed on site.

In December 2007, Mark Wilkin was working for the company E J Construction. He was extending a piece of land being used as a temporary roadway, which led out into a flooded quarry at Salt Lane in Cliffe.

The site dumper vehicle Mr Wilkin was driving veered off the roadway, trapping him beneath it in the quarry. Mr Wilkin drowned at the scene.

The HSE launched an investigation together with Kent Police and they jointly prosecuted Edward James Day – trading as EJ Construction.

On Wednesday (24/03/10) at Maidstone Crown Court, Mr Day of Longfield Road, Longfield in Kent was found guilty of breaching Section 2(1) of the Health and Safety at Work etc Act 1974, as well as Regulation 37(6) of the Construction (Design and Management) Regulations  2007. Mr Day was fined £10,000 for each of the two breaches – a total of £20,000.

After the hearing, HSE inspector Melvyn Stancliffe said that workplace transport incidents were ‘nearly always preventable’.

‘This case demonstrated – as do so many site transport incidents – that reliance on a competent driver and a properly-maintained vehicle is simply not enough.’

‘Had Mr Day ensured that the simple measure of providing proper edge protection to the site roads was in place, then the risk of vehicles leaving the road could have been prevented.

‘This tragic case so sadly illustrates the hazards that are all too frequently faced by construction workers,’ added Mr Stancliffe.

‘The law is clear – and where employers fail to safeguard their workers and injury, ill-health or death result, HSE will take enforcement action.’

Detective Inspector Geoff Payne from Kent Police said:

‘We are pleased that Mr Day has been found guilty of charges relating to health and safety offences.

‘This case highlights the need for employees to follow the strict guidelines that are set out to keep workers safe.

‘Kent Police in Medway has successfully worked alongside the Health and Safety Executive to secure this conviction – and is pleased that the fine reflects the severity of his actions.

‘This is a tragic case and our thoughts remain with the family of Mr Wilkin. I would to thank them for their patience and understanding throughout the investigation,’ he added.

The HSE said that its website provides free guidance for employers and workers in the construction industry – and also outlines simple and effective measures that need to be taken ‘to properly control transport dangers on site’. More information is available at http://www.hse.gov.uk/.

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