Haulage company fined for the death of driver
02 October 2023
Despite having health and safety systems in place, haulage company, Williams Haulage Limited, received a substantial fine following the death of a lorry driver.
Having health and safety systems in place is not enough. Operators must ensure that those systems are understood and followed by all employees and non-employees, including visiting drivers.
Facts
During a loading exercise the driver fell approximately 1.25 metres onto the concrete floor below. He driver suffered severe head injuries and later died at Hospital.
Risk assessments covering loading vehicles were in place and covered the risk of falls. Control measures were identified to reduce the risk. However, a Health and Safety Executive (HSE) investigation found there was a lack of supervision and monitoring by the Company to ensure that the systems where actually being followed. Additionally, insufficient consideration was given to visiting drivers, particularly drivers those for whom English is not their first language.
HSE inspector, Matthew Pendle said: “This incident could so easily have been avoided had the company simply ensured the control measures and safe working practices were followed and that visiting drivers were informed of the site’s safety rules”.
“Haulage by nature means drivers who do not always speak English can visit sites – they must be protected.”
The Company was found guilty of breaching the Health and Safety Act 1974.
Sentencing
The maximum sentence following a conviction for health and safety offences is an unlimited fine. The fine will reflect the seriousness of the offence, the culpability of the company and the financial circumstances of the offending company.
Where systems are in place but not followed, companies can expect the failure to follow their own systems as a factor that will increase the sentence. Depending upon the companies turnover, fines for these type of accident regularly amount to seven figure fines.
Having the appropriate health and safety systems in place is the first step. Operators must monitor those systems and ensure that they are understood and followed. If an injury or fatality occurs and it is found that the systems in place were not followed, you could be faced with a substantial fine.
If you have any questions or concerns about health and safety measures, then please contact our regulatory department on 01254 828300 or here.
