A groundworks company has been fined after a construction worker suffered serious injuries when a dumper truck overturned on a housing development near Wigan, exposing significant failures in workplace safety that the Health and Safety Executive (HSE) says should never have happened.
Worker seriously injured in preventable construction site incident
The incident occurred on 10 October 2022 at a housing construction site in Ince. A 27-year-old worker was reversing a one-tonne dumper truck when the vehicle entered an unprotected excavation and overturned. Because he was not wearing a seat belt, he was thrown from the cab and sustained crushing injuries to his leg, including a broken foot and ankle.
Following an investigation, the HSE discovered that the worker had not chosen to ignore safety advice. Instead, investigators found that employees had been instructed not to wear seat belts while operating one-tonne dumper trucks. Operators routinely fastened the belts behind their backs before sitting on top of them, bypassing the vehicle’s safety warning system while creating the false impression that the restraint was being worn correctly.
HSE identifies multiple safety failures
The HSE investigation also found that open excavations on the construction site had not been adequately protected to prevent vehicles from entering them.
According to the regulator, one-tonne dumper trucks are particularly susceptible to overturning. Appropriate edge protection around excavations, combined with the correct use of seat belts, forms a critical part of preventing serious injuries and fatalities.
The HSE states that operators should always wear seat belts to ensure they remain inside the protective zone created by the vehicle’s rollover protection structure should a vehicle overturn.
Company fined following prosecution
Jim Yates & Sons Limited, based on Warrington Road, Risley, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.
At Warrington Magistrates’ Court on 14 July 2026, the company was fined £20,000 and ordered to pay £4,824 in prosecution costs.
HSE Inspector Seve Gomez-Aspron MBE described the incident as entirely foreseeable.
He said workplace transport continues to cause deaths and life-changing injuries every year, with dumper truck overturns remaining one of the industry’s greatest risks. He added that suitable protection should have been installed around the excavation and that operators should never be instructed not to wear seat belts.
The inspector stressed that seat belts are a vital safety feature because they keep operators within the protection provided by the rollover protection structure, significantly reducing the risk of serious injury or death.
What UK workers should know
Construction remains one of Britain’s highest-risk industries, and workplace transport incidents continue to feature prominently in HSE enforcement action.
Every worker has the right to expect:
- Suitable risk assessments before work begins.
- Safe systems for operating workplace vehicles.
- Proper protection around excavations and other hazards.
- Training that follows manufacturer guidance and legal requirements.
- Safety equipment that must be used correctly, not bypassed.
If a worker is instructed to ignore established safety procedures or disable safety systems, they should raise concerns immediately. Employers have a legal duty to provide a safe place of work and safe systems of work, while workers should never be pressured into adopting unsafe practices.
The Workers Union says
Jonathan Morgan, on behalf of The Workers Union, said:
“No worker should ever be placed in a position where safety procedures are deliberately ignored or overridden. This case demonstrates how quickly routine work can become life-changing when basic safety controls are removed. Seat belts, properly protected excavations and robust site supervision are not optional extras—they are essential safeguards that protect workers every single day. We encourage anyone with concerns about health and safety at work to seek advice before an accident happens rather than afterwards.”
Construction sites remain among the UK’s most hazardous workplaces, making strong health and safety standards essential. Cases such as this serve as a reminder that following manufacturer guidance, maintaining safe working practices and challenging unsafe instructions can make the difference between going home safely and suffering a devastating injury
