Prosecutions

The Health and Safety Executive (HSE) prosecuted the Sussex company after they were found to have breached health and safety laws which led to the death in Brighton.

Lewes Crown Court heard that on the 5 March 2007, a woman was hit by a refuse vehicle as it reversed up a street in Brighton city centre at 6.20am. The driver did not realise he had struck the woman until her body lay about three metres in front of the vehicle. She died shortly afterwards.

The HSE investigation found that the driver reversed the refuse collection vehicle without a banksman (known as a reversing assistant), contrary to the company's operating policy. The vehicle also had defective CCTV at the rear and the audible reversing siren was turned off. The driver believed such alarms were prohibited before 7.00am.

The company failed to ensure that control measures identified in their own risk assessment were put into practice.

The HSE's Inspector said:

"The company failed to ensure the safe collection of rubbish. As a result of its failure an innocent woman has died unnecessarily. This has had devastating consequences for her family.

"Waste collection on public streets can be a high-risk activity if not properly planned. The law requires employers to assess the risks to its employees and members of the public.

"This incident could have been prevented had simple, low cost and readily available precautions been put in place.  Detailed guidance, which is freely available from HSE outlines the requirements of the law and provides advice on the practical measures to take.

"The HSE takes failure to comply with these provisions seriously and will not hesitate to take action."

The company was found guilty of breaching section 3(1) of the Health and Safety etc. at Work Act 1974. The company was fined a total of £250,000 and ordered to pay costs of £50,000.