Sheriff blasts foreman after probe into trench tragedy at building site

Apr 23 2009 by Alastair McNeill, Hamilton Advertiser

A FOREMAN responsible for safety at a Hamilton building site where a man died in a trench collapse has received stinging criticism from a sheriff.

Father-of-three Kevin West was buried under earth and rubble at the site in Windmill Road in November 2004.

The 36-year-old, employed by the sub-contractors, construction company W. H. Malcolm, had been laying pipes for a flats development.

In a fatal accident inquiry ruling, Sheriff Douglas Brown described Mr West’s boss on the site, Patrick Gaughan, as having “little, if any, regard for the health and safety of the men for whom he was responsible.”

Sheriff Brown described the failure to install trench shoring as “the most glaring and fundamental breach of safety requirements” and the main reason why the accident occurred.

“The requirement for shoring was repeatedly emphasised throughout W. H. Malcolm’s health and safety documentation, which made it plain that shoring must be used whatever the apparent state of the ground,” he said.

“Mr Gaughan ignored this basic safety requirement and, thus, put at risk the life of anyone working in the trench.”

W. H. Malcolm were fined £100,000 at Hamilton Sheriff Court in 2007 for breaching health and safety legislation in connection with Mr West’s death.

Sheriff Brown’s findings said the fatal accident occurred because of “defects in the system of working” which were “very much W. H. Malcolm’s responsibility.”

The company was this week given the opportunity to comment on the Sheriff’s findings, but the receptionist’s reply was: “No comment.”

Mr Gaughan had worked for W. H. Malcolm for over four years. In evidence to the inquiry in February, he said that before the tragedy a dumper truck was used to tip gravel into the trench.

A PVC pipe was being laid in three-metre sections and each one had to be put in place by hand.

Mr West, he said, had been carrying out an ‘air test’ on the pipework.

When he was asked about the proximity of the dumper truck to the edge of the excavation, he replied: “It must have been fairly close, because one of the wheels had fresh air under it.”

Sheriff Brown said Mr Gaughan had appeared to give little thought to the serious risk faced by anyone entering the trench.

He added: “He (Mr Gaughan) said that the sole reason for not using shoring was the condition of the ground and rejected any suggestion that he may have been under pressure to complete the work, commenting that although it saved time not to use shoring, that was not a consideration.

“Again, therefore, this was an entirely unnecessary risk to take. He claimed his understanding was that the ground should be shored if there was risk of collapse.

“I did not accept his evidence on this matter and was satisfied that, on the basis of other evidence, he had been well aware there ought to have been shoring, whatever the apparent ground condition.”

KEVIN WEST: glaring and fundamental breaches of safety led to his death at a Hamilton building site.

WINDMILL ROAD: the scene of the tragedy almost four years ago.