Transport Company Fined After Agency Driver Fatally Crushed
The below case illustrates the importance of transport companies identifying and managing risks associated with delivering heavy loads and providing adequate training to staff to enable them to safely deliver heavy loads.
The Incident
High Wycombe Magistrates’ Court heard how, on 23rd November 2016, an employee of Reason Transport UK Limited was delivering a pallet of stone tiles using a tail-lift and a manual pallet truck. The driver had great difficulty moving the pallet onto the truck’s tail-lift, and when he finally managed to get it onto the tail-lift he lost control of the pallet, and it fell on to him, causing him fatal crushing injuries.
Investigation by Health and Safety Executive (HSE)
An investigation by the HSE found the weight of the pallet was recorded as 1,200kg, but the actual weight of the pallet was 1,400kg, exceeding the 1,000kg weight limit established by the pallet network for tail-lift deliveries. The HSE also discovered the agency driver had only been at the company for 2 weeks and had not been trained in how to safely deliver pallets using a tail-lift.
Reason Transport UK Limited pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and were fined £5,000.
Reason Transport UK Limited pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and were fined £5,000.
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This is an alternative to our standard retainer system and offers clients an opportunity to obtain advice where the cost is pre-determined for the whole year. This arrangement would suit clients who may from time to time need to seek legal advice but may hold off preferring a ‘wait and see’ approach.
In our experience, early intervention can reduce the risk of the situation escalating as we can give advice and guidance that nips regulatory issues in the bud before they develop into something far worse. We also strongly recommend our clients consider taking out legal expenses insurance to cover investigations and prosecutions brought by regulators.
DyneProtect© has teamed up with Butcher & Barlow solicitors to provide DyneProtect© clients access to a specialist team of corporate and commercial lawyers for up to 1 hours’ worth of free telephone advice/legal consultation.
Butcher & Barlow have a dedicated commercial and agricultural hub on Gadbrook Park in Northwich which provides advice and assistance to a host of business clients in specialist areas such as Corporate and Commercial Law, Commercial Property, Private Client and Agriculture.
If you have a corporate or commercial issue which Dyne Solicitors is unable to handle, then Butcher & Barlow’s Commercial team will certainly be able to step in and assist.
DyneProtect© has also negotiated price reductions on OLAT / Driver CPC courses run by training providers KP Legal Limited who are offering discounts to DyneProtect© clients on Operator Licensing Awareness / Compliance training (-20%) and Periodic Driver CPC training (-10%).
