THE death of a man killed on an Oxfordshire building site was last night called “totally avoidable” as a housing firm and the machinery operator were fined a total of £14,500.

Michael Whateley, of Eastfield Road, Northampton, was crushed to death on the site in Broughton Road, Banbury, in January 2008 when a JCB tele-scopic handler – which is similar to a forklift – toppled over and struck the car he was sitting in.

Two other men, Paul Keen and Mr Whateley’s brother Robert, were seriously injured.

Linden Limited, the company developing the site for housing, yesterday admitted failing to ensure the JCB – which was parked on sloping ground and with incorrect tyre pressures – was safe to be used.

Keith Payne, who was operating the machinery, was found guilty by a jury last week of not ensuring the safety of Mr Whateley.

Mark Watson, prosecuting, told Judge Anthony King that Payne should have checked the tyres of the vehicle every day, but had not done so in weeks.

On later inspection, a rear wheel was found to be 30 per cent under the recommended tyre pressure and two others were also marginally under.Payne was also driving the vehicle on steep and muddy ground, and was using the vehicle in an “unnecessary test”.

Mr Watson said a combination of these factors led to the JCB overturning and toppling on to the car.

An inquest in September 2008 heard Mr Whateley had been working at the site as a tiler with his brother.

They had been waiting in the car to begin work, when the boom of the vehicle crashed through the roof and killed Mr Whately.

The inquest recorded a verdict of accidental death.

David Bright, defending, told the court yesterday, Payne, 59, would have Mr Whateley’s family “on his mind forever” and the guilt would outlast the punishment.

Payne, of Gillett Road, Banbury, was fined £7,000.

Linden Limited, of Cowley in Middlesex, was fined £7,500 and ordered to pay costs of £25,000.

Judge King said the fine may have seemed small to the family of the deceased, but he was sure it was the right amount.

He said: “I recognise the fine will not, in the minds of many, seem like adequate retribution for what you have done and the pain you have caused.

“But you are now out of work and approaching the age of 60, so may find it hard to find work.”

He added: “I am sure the lasting effects of what you have done will remain on your conscience for much longer than this fine.”

Following the hearing, Heath & Safety Executive inspector James Powell said: “This was a horrific accident that was totally avoidable.

“Lives have been destroyed here and today’s sentencing must serve to remind all employers and employees of their duties and responsibilities while using this type of machinery.”