Reading Crown Court heard that a yard shunter was fatally injured on 5 September 2006 at a worldwide distribution centre in Heathrow, Middlesex.
The incident took place when a HGV driver was reversing his tractor to line up with a trailer unit parked at a loading bay at the distribution centre. The driver had positioned the tractor in front of the trailer, when he stopped the vehicle to answer a phone call. After hanging up he continued to reverse the tractor and completed the manoeuvre. When he got out of the vehicle he saw the shunter had been crushed between the trailer and the tractor. The shunter died at the scene as a result of his injuries.
It is thought that the shunter was removing a lock from the trailer so it could be attached to the HGV. The driver was unaware that the shunter had approached the trailer and couldn’t see him because he was stood in the vehicle’s blindspot.
Two Improvement Notices were issued which required Royal Mail to review its management systems for controlling access to trailers, and carry out a new risk assessment for pedestrian activity at the site.
A HSE inspector said:
"This was a tragic accident, which could have been easily prevented if Royal Mail had exercised proper control of vehicle activities at the Heathrow distribution centre.
The company failed to adequately assess the risk to shunters working in the yard or to identify and rectify the unsafe system, and this contributed to the shunter’s death."
Royal Mail Group Ltd appeared in court on 10th March and pleaded guilty to breaching s2(1) of the HSWA 1974. It was fined £90,000 and ordered to pay £42,549 in costs. On 1st March, the driver was found not guilty of breaching s7 of the HSWA 1974.
In mitigation, Royal Mail said it had a good safety record for a company of its size and had cooperated with the investigation. It also asked the judge to take into consideration the fact it is government-owned, and that it is experiencing financial difficulties after posting an annual loss of more than £300m.
The Judge commented:
"Royal Mail did not adequately assess the risks for the introduction of the role of a shunter. The seriousness has, of course, been underlined by the fact a fatality resulted.
It would have been a fine of £120,000, but in light of the pleas it will be £90,000"
The court also heard that Royal Mail has 10 previous safety convictions. In 2003 it was fined £200,000 after a pedestrian was fatally injured following a collision with a vehicle at a depot in Cardiff.
A Royal Mail spokesman said:
"We offer our sincere condolences to the family and friends of Colin Smith. We undertook a thorough review of the circumstances of this tragic accident and safety remains the top priority for Royal Mail."