A construction firm has been fined £4,000 after pleading guilty to safety failings. The plea relates to an incident where a barrier fell onto the top of a pram, causing injuries to an 18-week-old baby who was inside.

The boy was asleep in his pram while his mother used a cash machine outside a supermarket on Drip Road, Stirling, when the accident happened in October 2011.

Kier Construction Ltd was refurbishing the supermarket and had erected barriers to separate the public from the construction work that was taking place, Stirling Sheriff Court heard.

Branding banners saying the supermarket was still open for business were attached to the barriers.


It is understood the mother of the child left the pram close to the barriers, with her 13-year-old daughter standing next to it. As she went to use the cash machine, she heard her daughter screaming and when she looked back, she saw one of the barriers had fallen on top of the pram hood, which had subsequently collapsed on the baby.

A passer-by helped them to lift the barrier off the pram.

Following the incident, the baby boy was taken to hospital with bruising to his forehead. He was discharged that day and suffered no more effects from the incident.

An investigation was launched by the Health and Safety Executive (HSE) which found that contrary to manufacturer's instructions, the barriers had not been filled with water to ensure stability, while the barriers next to the cash machines had not been locked together. The previous month, high winds had caused the barriers to fall over and the site manger had ordered the removal of the banners. Concrete blocks were then placed at the base of the barriers but they were not filled with water.

On Tuesday (23 September), Kier Construction was fined £4,000 after pleading guilty to breaching Section 3 of the Health and Safety at Work etc Act 1974.

(JP)