Bath building firm fined over employee death after wall collapse

A building company has been fined more than £56,000 after an employee was crushed to death when a 1.8m (6ft) high retaining wall collapsed on him.

Gary Anstey, 57, from Bristol, was working for H. Mealing & Sons Limited at a construction site at a school in Bath when the “horrific” and “avoidable” incident happened on 19 March 2019.

An investigation by the Health Safety Executive (HSE) found the Batheaston based company failed to properly plan and supervise the construction of the retaining wall.

The company, which pleaded guilty to breaching Section 2 of the Health and Safety at Work Act, was fined £56,775 and ordered to pay £44,000 in costs at Taunton Magistrates’ Court on 11 September.

HSE inspector Ian Whittles said it was a “horrific incident” with “heart-breaking consequences”.

“With simple clear procedures and appropriate training this incident would not have happened,” he said.

In a victim impact statement, Mr Anstey’s wife, Anne, said his workplace “should have been a safe place” and “he should have come home as he always did”.

“He hasn’t been here to celebrate all the family milestones and that is something that we as a family have to live with,” she said.

“He was always full of life and he had recently become a grandad for the first time.”

The HSE said its investigation revealed the incomplete and unsupported wall became unstable when a large load of aggregate was placed against it.

HSE guidance requires that any temporary structure must be designed and installed to withstand any loads placed against it and that it is used in accordance with its design.

This included ensuring appropriately trained operatives are provided with a suitable written design and plan to install to ensure the structure remained stable.

Mr Anstey was taken by helicopter from the scene at Swainswick Primary School to Southmead Hospital in Bristol, where he died from his injuries the following day.