Warrington-based groundworks company, Jim Yates Limited, has been fined £20,000 after a worker sustained severe crushing injuries, including a broken foot and ankle, when a dumper truck overturned on a construction site in Ince. The prosecution followed an incident on 10 October 2022, with the company appearing at Warrington Magistrates’ Court on 14 July 2026.
Company instructed dumper truck operators not to wear seatbelts
The 27-year-old worker was operating a one-tonne dumper truck on the housing construction site when, while reversing, the vehicle entered an unprotected excavation. The truck subsequently overturned, ejecting the driver who was not wearing a seatbelt at the time. This resulted in significant crushing injuries to his leg, culminating in a fractured foot and ankle, injuries that could have long-term implications for his mobility and quality of life.
An investigation by the Health and Safety Executive (HSE) revealed critical safety failings by Jim Yates Limited. Investigators discovered that operators of one-tonne dumper trucks had been explicitly instructed by the company not to wear their seatbelts. Instead, workers were told to fasten the seatbelt behind them before sitting on it, a practice that not only rendered the safety device useless but also bypassed the vehicle’s seatbelt warning system, creating a dangerous illusion of compliance.
Furthermore, the HSE investigation identified that the open excavations on the site were inadequately protected. There were insufficient measures in place to prevent vehicles, such as the dumper truck involved, from inadvertently entering these hazardous areas. This lack of robust edge protection significantly increased the risk of vehicles overturning, especially given the inherent instability of one-tonne dumper trucks, which are known to be particularly vulnerable to such incidents.
HSE Inspector Seve Gomez-Aspron MBE underscored the preventability of the incident, stating that it was entirely foreseeable. He emphasised that suitable protection around excavations is crucial to prevent vehicle access, and operators must always wear seatbelts. Seatbelts are a vital safety feature, designed to keep operators within the protective zone of the vehicle’s rollover protection structure during an overturn, thereby drastically reducing the risk of severe injury or fatality. The inspector highlighted that adherence to established safety guidance, readily available from the HSE, is paramount for all groundworks and construction companies.
Jim Yates & Sons Limited, based in Warrington Road, Risley, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. This section places a general duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. The court heard how the company’s systemic failures directly contributed to the worker’s serious injuries.
At Warrington Magistrates’ Court, the company was ordered to pay a fine of £20,000, alongside additional costs of £4,824. This penalty serves as a stark reminder to all employers within the construction and groundworks sectors of their legal and moral obligations to protect their workforce. Incidents involving workplace transport, particularly overturning dumper trucks, continue to be a leading cause of serious injuries and fatalities, making robust safety protocols and diligent supervision indispensable.
