Council Fined Over Digger Death

A border county council has been heavily fined for its role in a fatal accident involving a digger driver.

Fermanagh District Council was fined a total of £45,000 in March after pleading guilty at a previous hearing at Omagh Crown Court to two breaches of health and safety legislation. The case against the Council was brought by the Health and Safety Executive for Northern Ireland, (HSENI).

The case relates to an incident that occurred on 08th April 2008 on the council landfill site at Drummee, Enniskillen.

Ronnie Marshall was employed by a subcontractor of the Council. Under directions of Council staff he was operating an excavator in a flooded area when it overturned into a deep excavation, also flooded with water.


He was removed from the excavator by emergency services but later died in hospital. Subsequent enquiries by HSENI revealed that Fermanagh District Council had neither sufficiently assessed the risks involved when operating machinery in flooded areas, nor developed an adequate safe system of work.

Fermanagh District Council pleaded guilty to a breach of Article 4 of the Health and Safety at Work (NI) Order 1978, for failing to ensure the safety of their employees, and was fined £5,000.

They also pleaded guilty to a breach of Article 5 of the Health and Safety at Work (NI) Order 1978, for failing to ensure the safety of non-employees, and was fined £40,000.

Kevin Campbell, who was the investigating inspector with HSENI's Major Investigation Team said: "It is essential that all work activities are properly assessed and plans put in place to protect everyone from danger.

"Systems of work should be completed, documented and communicated to the workforce."

(BMcC/GK)