A legal decision was reached eight years after a volunteer’s tragic death.
- Peter Konitzer, a volunteer, was fatally crushed in 2016 during canal restoration.
- The collapse was caused by inadequate safety measures during restoration work.
- The Wilts & Berks Canal Trust admitted to safety breaches in court.
- A significant financial penalty was imposed reflecting the gravity of negligence.
In a significant legal ruling, the Wilts & Berks Canal Trust was fined eight years following the tragic death of a volunteer, Peter Konitzer. On 24th August 2016, Konitzer, aged 62, was tragically crushed under a section of wall that collapsed at the Pewsham locks on the Wilts & Berks Canal. He was inside an excavation site, engaged in the removal of temporary propping when the incident occurred.
The restoration project, aimed to preserve and improve the canal’s route, exposed a severe oversight in safety protocols. A joint investigation led by the Health & Safety Executive (HSE) and Wiltshire Police revealed a failure by the trust to ensure volunteer safety during the excavation works. It was disclosed that the temporary propping was inadequate and that a clear, safe method for installing or removing props was absent.
The trust had a history of utilising volunteers for various tasks, initially involving activities like rubbish clearing and gardening but progressively extending to light construction work. This incident highlighted a critical lapse in safety oversight as the volunteers engaged in more complex tasks without corresponding increases in safety measures.
During the proceedings at Swindon Magistrates’ Court, the Wilts & Berks Canal Trust pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. Consequently, the court imposed a fine of £30,000 and additional costs of £10,822. HSE inspector James Lucas commented on the preventable nature of the tragedy, emphasising the vital need for thorough planning and implementation of safe working systems.
Lucas stated, ‘This was a tragic and wholly avoidable incident. The situation which led to Peter’s death would not have arisen had the temporary structural works been properly planned and implemented to ensure a suitable safe system of work prior to the incident.’ He further stressed the necessity for those in control of such work to devise safe working methods and provide sufficient information, instruction, and training to safeguard worker safety.
The penalties imposed serve as a stark reminder of the crucial importance of safety measures in construction works involving volunteers.
