The Health and Safety Executive (HSE) is warning machine operators to ensure that they adhere to safe working practices when using excavators, following HSE's prosecution of an excavator driver after a pedestrian was killed in Maida Vale, Westminster, in February 2007.

Colin Clifford, 50, from Enfield, was fined £2,500 and ordered to pay costs of £1,250 at the Old Bailey, after pleading guilty to breaching 7(a) of the Health and Safety at Work Act 1974.

HSE Investigating Inspector Lisa Chappell said: "Construction machinery is obviously dangerous, and can cause harm to both site workers and members of the public. Plant operators must take sufficient time and care when manoeuvering vehicles. This case shows the worst case of what can go wrong when operators cut corners."

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On 2 February 2007, Mr Clifford was operating an excavator outside a house in Sutherland Avenue, London W9 and within a fenced off area. The excavator had a number of buckets stored in the front bucket of the machine and while, turning the excavator, Mr Clifford raised the front buckets over the site fence until they were hanging over an unprotected section of public pavement. At that point an 81-year-old pedestrian, Mr Joseph Johnston, was walking past. Mr Clifford then unintentionally operated the wrong lever causing the stored buckets to fall to the pavement. At least one of these struck Mr Johnston, who died soon afterwards.

The HSE investigation showed that Mr Clifford had sufficient space to turn his excavator without the need to lift the front bucket above the public pavement, and also that there were other workers nearby who could have helped in closing the public pavement had it been necessary to do so.

(CD/JM)