The Health and Safety Executive (HSE) is warning employers to ensure that they undertake suitable and sufficient assessments of the risks involved in their undertakings.

The warning follows its prosecution of two companies within the JCB group, after two employees, Darren Ellis and Paul McNamara died in separate incidents while undertaking routine tasks.

HSE Inspector Lynne Boulton said: "Both these tragic deaths were not only regrettable but also entirely preventable. Mr Ellis and Mr McNamara have each left behind two children and grieving widows who have our deepest sympathies and our thoughts go with them for their futures.

"All employers must learn from these tragedies that, whatever the task, it is crucial to undertake a suitable risk assessment that deals with the significant risks of that task."

HSE brought the two cases against JCB Earthmovers Ltd and JC Bamford Excavators Ltd before Stafford Crown Court on 14 March. Both companies had pleaded guilty to charges at earlier court hearings.


JCB Earthmovers Ltd was fined £200,000 and ordered to pay costs of £31,366 for breaching section 2(1) of the Health and Safety etc Act 1974 following the death of Mr Ellis, aged 33, at its manufacturing plant in Cheadle, Staffordshire on 16th November 2005.

Welder Mr Ellis was testing the fuel tank of an earthmoving machine for leaks. Investigations revealed that Mr Ellis was standing close to the tank when the inspection plate blew off, causing him fatal head injuries, after he connected a high-pressure airline instead of using low pressure. At an earlier hearing, Magistrates heard that the low and high-pressure airlines were similar and with identical connectors. The Court also heard that Mr Ellis did not have enough training for the job.

JC Bamford Excavators Ltd, was fined £266,000 and ordered to pay costs of £31,701 for breaching section 2(1) Health and Safety at Work etc Act 1974 following the death of Mr McNamara, aged 43, on the company’s site at Rocester, Staffordshire on 11 September 2006.

Mr McNamara suffered fatal head injuries after being crushed by the boom of an excavating machine (known as a backhoe loader). HSE's investigation revealed that it was common practice for workers to operate the controls for the boom whilst standing outside the cab of the machine and leaning through the back window. A fault on the hydraulic system resulted in the control lever not working properly causing the boom to carry on moving, trapping Mr McNamara and inflicting fatal injuries.

(CD)