Firm fined £75,000 after trench wall collapsed and killed employee

Carrig Construction Limited admitted a health and safety breach today (Wednesday, August 28) at Glasgow Sheriff Court.

Excavation operative Derek Caddie, 44, was covered in soil from the neck down at a building site in Glasgow's Hyndland.

Mr Caddie had earlier been working in an excavation area when a pipe was struck which required repair.

Colleague Steven Hannah later heard a thud and turned around to see only Mr Caddie's head being visible.

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Derek (Image: Supplied)

The married dad-of-one was later pulled from the dirt in the five-foot-deep excavation by emergency services and taken to hospital.

He succumbed to a brain injury he suffered as a result of the incident three days later.

Carrig Construction Limited accepted failing to put in measures to reduce risks to its employees working in open excavations.

They also admitted to failing to install physical barriers around the open excavation.

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The firm - which is no longer trading - also pleaded guilty to a separate charge of failing to ensure that Mr Caddie was not exposed to risks to his health or safety.

It was revealed that the firm based out of Lochwinnoch, Renfrewshire, had a final turnover of around £385,500 in 2019 with a profit of around £36,000.

Sheriff Owen Mullan KC stated: "I must stress that this fine is not and never will be a figure which in some way represents compensation for the terrible loss of Derek Caddie's life."

The court heard that Mr Caddie worked for Carrig - owned by civil engineer Denis Jeffords - on the construction site from June 2019.

Mr Caddie and colleagues were to install a pipe which would join onto the current sewage system.

The site manager and the lead subcontractor had to complete a permit to work on the excavation which would expire at the end of each day.

Mr Jeffords, 48, also did a RAMS health and safety document which would include a risk assessment and method of work.

However, it was not signed by his employees. 

Work had been done on the pipe at the excavation site on Friday, November 22, 2019, for which a permit had been granted.

There was no planned work on the pipe on Monday, November 25, so no permit was sought by Mr Jeffords.

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However, after the planned work of moving two containers had been completed, Mr Caddie and colleague Steven Hannah continued work from the Friday.

He and Mr Hannah began to dig with their hands while in the excavation to get access to a pipe which had been accidentally struck.

Prosecutor Kristina Kelly said: "A section of the wall collapsed.

"Mr Hannah who was feet away from Mr Caddie remembered hearing a thud.

"He saw Mr Caddie dripped in soil and mud with only his head visible."

Mr Hannah and colleague Bernie McNulty attempted to dig Mr Caddie to safety ,however, he was not freed until emergency services arrived.

Mr Caddie suffered a cardiac arrest and was taken to hospital.

A scan showed that he sustained a brain injury as well as oxygen depravation to the brain.

He remained in intensive care for the following three days before he succumbed from his injuries.

The site was immediately closed off before it was made safe and an investigation took place.

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A health and safety inspector deemed that the collapse of the excavation was "obvious to an experienced grounds worker."

This was due to a lack of "support measures" on the southern wall and the excavation being backfilled using soil and gravel.

Barry Smith KC, defending, said: "This is an unbelievably tragic case.

"I tender Mr Jeffords and his family's condolences to Mrs Caddie and his family.

"As a husband and a father himself, it is not lost on Mr Jeffords the unspeakable loss and tragedy.

"It is accepted the company fell short of the requirements between the Friday and Monday.

"This was in the context of an unplanned excavation and an unexplained situation with the burst pipe."

Mr Smith stated that the company is no longer trading and Mr Jeffords has taken up employment elsewhere.

A fundraiser by Mr Caddie's family was set up for the critical care unit which looked after him following the incident which raised £1,805.

A family statement issued via Digby Brown said: “Derek was a funny, hard-working and loving man – the manner of his sudden and avoidable death broke our hearts and he remains dearly missed by us all.

“While it is right there is accountability and we welcome the conviction, the needless delays in this outcome has only worsened our trauma.

“We have waited nearly five years for these proceedings to come to an end and we still see no reasonable reason about why it has taken this long.

“If there are any positives to come from this then it will be that workplaces are made safer and the criminal system is improved to actually be mindful of the needs of bereaved families.”