Home builder fined £160,000 after worker crushed to death on site

A construction firm has been fined £160,000 after a worker was killed when a vehicle he was operating fell down an embankment.

Merchant Homes employed Scott Bradley, 44, who suffered a fatal head injury after the tragic incident at the large new-build development in Lochwood Gardens in Easterhouse, Glasgow on May 11 2022.

An investigation was immediately launched by Health and Safety officials.

The Glasgow-based firm – which has since gone into liquidation – was the principal contractor for the site in Easterhouse.

The investigation concluded there were issues with a “traffic route” at an area Mr Bradley had been working at that day.

Merchant had failed to ensure it was suitable for plant vehicles and had not carried out a proper assessment of any possible hazards.

It also emerged there had been previous concerns raised about the site.

Merchant Homes pleaded guilty to a charge under the Health and Safety at Work Act at Glasgow Sheriff Court.

At sentencing on Tuesday morning, sheriff Louise Arrol KC said: “In this case, the harm caused could not have been greater.

“It is the consequence of the company’s failure that Mr Bradley lost his life.

“His family have been devastated by his death – he was an experienced operative and colleagues spoke highly of him.

“He was a step-father to six children and a father to one child with his wife.

“I said on the last occassion that I express my condolences and I do so again.

“The sentence which I have imposed is not in any way commensurate his loss.”

The court earlier heard Mr Bradley lived with his wife and family in Larkhall, Lanarkshire.

He was an experienced telehandler driver – a vehicle used to lift heavy loads on site.

Mr Bradley was highly regarded with colleagues remarking how “safety conscious” he was.

At the time, he was using the telehandler to move scaffolding parts.

Fiscal Richard Brown said: “While reversing, the right rear offside wheel of the telehandler slipped over the edge of the embankment.

“This caused the telehandler to flip and for Mr Bradley to be partially ejected from the cab and crushed.”

There was a witness in nearby playing fields who dialled 999.

This person then went through a gap in the fence to help Mr Bradley. Other site workers also rushed to his aid.

Mr Bradley was found to have a severe head injury.

Emergency crews arrived to try and free the then-unconscious Mr Bradley from the telehandler.

They got him out, but he did not survive.

The Health and Safety Executive arrived and immediately had with several concerns, including site security and tidiness.

There were also “multiple examples” of uneven ground meaning scaffolding was not properly supported.

A number of “improvement notices” were then issued.

The court heard there were “no risk assessments which considered the hazards and associated risks” of vehicles such as telehandlers on the traffic route where Mr Bradley had been working.

Mr Brown: “The unevenness of the road increased the risk of wheeled plant becoming unstable and tipping.”

This included the possibility of a vehicle falling down an embankment.

The hearing was told Merchant Homes complied with improvement notices issued at time of the investigation.

HSE inspector James Caren said: “This was a tragic incident and our thoughts remain with the friends and family of Mr Bradley.

“Our investigation discovered that Merchant Homes Partnership Limited had failed in its duty to properly risk assess and introduce measures to ensure the traffic route was suitable for the telehandler being driven by Mr Bradley.

“As a result of this, the telehandler’s wheels went over the edge of the traffic route while it was being reversed, which tragically led to the vehicle overturning.”