James Connolly, 49, also known as Jamie, was working as a lift supervisor on a large construction site in Ince, Ellesmere Port, in June 2023 when he was hit and reversed over by a telehandler operated by Michael Nixon, a self-employed telehandler operator. The vehicle, which combines the functions of a forklift and a crane using an extendable hydraulic boom, was being driven by Nixon as Connolly walked back to his work area from the welfare compound. Connolly suffered fatal injuries.
Investigation findings
An investigation by the Health and Safety Executive (HSE) found that the principal contractor had taken steps to minimise the need for reversing on site, including creating a turning circle that was unobstructed at the time of the incident. Nixon, who was a qualified and experienced telehandler operator, chose to reverse the vehicle without the aid of a banksman, a trained worker who safely guides vehicles on construction sites. The investigation also found that Nixon had been using his mobile phone while in control of the telehandler, contrary to site rules he had signed up to.
Court proceedings and sentence
Nixon, 46, of Deeside, Heswall, Wirral, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974. At Warrington Magistrates' Court on August 11, he was sentenced to 12 weeks' imprisonment, suspended for 12 months, and fined £800. He was also ordered to pay £2,000 in costs.
Family statements
In a statement, Connolly's daughter Amelia Connolly said: "I struggle with a great deal of anger. I am angry that my dad went to work and never came home. Alongside the sadness there is also a constant sense of injustice. It is difficult to accept that someone could leave home for work and never return to their family."
In a victim personal statement, Connolly's mother Pauline Connolly said: "I have constant flashbacks to that day and every time we get a phone call my heart drops and I fear the worst news, I am always saying, 'who is it? What is it?' Every time I see someone in a high viz jacket and a hard hat, I think it is Jamie. I am changed forever since my son's death. I miss and think about him every day. My first-born child. My only son."
HSE comment
HSE Principal Inspector Laura Royales said: "Workplace transport incidents remain one of the biggest causes of deaths in the workplace. It is vital that drivers follow the site rules and do not cut corners and put lives at risk. Our thoughts remain with the family of James Connolly."
The HSE prosecution was brought by enforcement lawyer Nathan Cook and paralegal officer Benjamin Stobbart, with the investigation supported by Visiting Officer Sarah Ough.
