DUDLEY Council has been ordered to pay £50,000 in fines and costs following the death of one of its workers.

The authority has been fined for breaching Health and Safety regulations after 62-year-old Tony Pagett was crushed to death by an 18-tonne digger in October 2006.

Wolverhampton Crown Court, sitting at Brierley Hill, heard how Michael Lilley, of Foster Avenue, Kinver, was driving the mechanical digger the wrong way around the one-way system at the Lister Road depot when it struck maintenance manager Mr Pagett.

Mr Pagett, who lived in Selbourne Road, Dudley, suffered massive internal injuries in the accidental death, which was recorded by the Black Country Coroner at an inquest in May 2007.

Judge Amjad Nawaz described Mr Pagett’s death as “tragic” and said no sentence passed by the court could restore life or ease the grief felt by his family.

Dudley Council admitted breaching Health and Safety regulations and was fined £30,000 with £20,000 costs.

Mr Lilley, who has since retired from Dudley Council, also pleaded guilty to driving irresponsibly inside the depot and causing the death of Mr Pagett and was fined £750 and ordered to pay £500 costs.

The court heard how Mr Lilley,who was driving against the oneway system, also had the digger’s shovel positioned at such a height that it obstructed his view.

James Puzey, prosecuting, said Mr Lilley failed to see Mr Pagett, who was wearing a high visibility jacket, when he hit him in the upper back with the digger’s shovel.

Despite shouted warnings from other employees, the vehicle did not stop until the front wheel had run him over.

Timothy Green, defending Lilley, who was described as being a “good friend” of Mr Pagett and having an impeccable work record, said other drivers at the depot had started to drive the wrong way round the system when it was busy to save time.

He told the court that while Lilley realised it was wrong, the “boundary between good and safe practice had become blurred”.

Barry Berlin, defending the council, said that since the incident they had taken steps to ensure there would be no further breach of regulations and added: “They have done everything that can be done.”

Following the sentencing, Health and Safety Executive Inspector David Price said: “This was a terrible incident that could so easily have been prevented. Mr Pagett’s untimely death brought great grief to his family and to many of his work colleagues.”

He added: “Depots and loading yards are potentially dangerous places. Drivers need to obey signs and instructions in workplaces, just as closely as they would obey them on a public highway.

“In driving over 8 mph, against the one-way system, with the unnecessarily raised bucket obscuring most of his view, Michael Lilley failed to take reasonable care for the health and safety of Mr Pagett.”

Matt Williams, assistant director for environmental management, said: “We fully accept the decision of the court and our thoughts continue to be with Mr Pagett’s family.”