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Building companies fined after Michael Skitt injured in culvert collapse

Two building companies have been fined after a structure which allows water to flow under roads collapsed on a man, leaving him with life changing injuries.

Michael Skitt was working to replace an old brick culvert in Tonbridge when it fell, leaving him trapped.

The 63-year-old suffered multiple injuries including shoulder blade breaks, an open shin break and a dislocated knee. He spent 26 days in hospital and has now had to give up full time work. He also walks with a stick.

The case was heard at Maidstone Crown Court
The case was heard at Maidstone Crown Court

Ongoing issues with his foot may see him need further operations.

Maidstone Crown Court heard Kent County Council (KCC) appointed Enterprise to replace an old, damaged, brick culvert under Tudely Lane.

Enterprise in turn appointed Sittingbourne-based Topbond to do the majority of the work.

A culvert is an embedded structure, usually surround by soil and can be made from steel, brick or reinforced concrete and is used to transport water underground.

“This is a sad case that has changed at least one man’s life for ever" - HSE Inspector Nicola Wellard

The Health and Safety Executive (HSE) told the court that in January 2012 water was being pumped out of the work area when three workers, including Mr Skitt, entered the area between two culverts to clear a channel.

They had begun to clear loose material, but had not started digging. Shortly after they entered the area, the culvert collapsed.

One man jumped clear, another was hit but managed to release himself, but Mr Skitt, of Kingsnorth, Ashford, was trapped.

HSE said the stability of the structure was not assessed adequately, nor was sufficient planning undertaken to ensure adequate control measures were in place.

Its investigation found that originally the old culvert was to be totally demolished early in the work, when this was changed the implications of uncovering half of the damaged culvert and therefore loading it unevenly and undermining it were not managed.

Although culvert repair is a relatively unusual construction job, the collapse of excavations and structures is common and the court heard the defendants in the case were made aware of the potential of collapse by the original designers several times.

The incident happened in Tudeley Lane in Tonbridge
The incident happened in Tudeley Lane in Tonbridge

Enterprise (AOL) Ltd of Edmund Halley Road, Oxford admitted breaches of the Construction (Design & Management) Regulations 2007.

They were fined a total of £90,000 and ordered to pay an additional £22,876 costs.

Topbond, of Oyster Quay, Castle Road, Sittingbourne admitted breaches of the same regulations. They were ordered to pay £22,876.60 costs and were fined £70,000.

After the case, HSE inspector Nicola Wellard said: “This is a sad case that has changed at least one man’s life for ever. The culvert was being replaced because it had been damaged previously.

“Just this one piece of information should have been enough to ensure both contractors assessed the stability of the culvert throughout the work and took appropriate measures to ensure people were protected from the risk of collapse.

"These risks are well known and the fact that the two other men escaped without serious injury was just pure luck, this could easily have been a multiple fatality.”

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