Hertfordshire company fined after ‘perfect’ son is crushed to death

A company has been fined after an employee was crushed to death.

James Rourke was killed after being hit and run over by an excavator at Sarazen Gardens, in Brampton, Cambridgeshire, on 18 November 2019.

The 22-year-old and his family had celebrated his sister Katie’s 21st birthday just the weekend before.

The site engineer, from Westcliff-on-Sea in Essex, had been attaching warning work signs to fencing around the site when he was hit by the vehicle.

His employer Materials Movement Ltd, had been hired to undertake ground clearance works at Sarazens Gardens in preparation for the building of new houses.

But a Health and Safety Executive (HSE) investigation found Materials Movement had failed to plan and properly supervise the work that Mr Rourke and the excavator driver were doing to ensure it was safe.

The firm from Baldock in Hertfordshire also failed to ensure the work was planned and did not manage to eliminate any chance of him working near the excavator.

In her victim personal statement Mr Rourke's mother Clare said: “The sunshine has been taken from our lives and the dark gap is immense.

"James was perfect. He was a big part of our close family unit. He would do anything for us.

"We cherished him, dearly. He was a compassionate, valued friend to many and was known for his humour and gentle nature.

“We were an even family of six, now an odd family of five – incomplete, unbalanced.”

Materials Movement, of Royston Road, Baldock, pleaded guilty to breaching a health and safety offence and was fined £133,330 and ordered to pay £8,500 in costs at Peterborough Magistrates’ Court.

HSE inspector Martin Paren said: “This tragic incident led to the avoidable death of a young man.

"This death could have easily been prevented if his employer had properly planned, instructed, and supervised the work.

“Our thoughts are with the family of James, who should have been protected from such harm at work - because of the failings of Materials Movement Ltd he was not.”

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