Health and Safety Failings – Failure to safety check dumper truck results in £14k fine

Failure to safety check dumper truck results in £14k fine

Key Facts:

• A firm have been prosecuted after the faulty brakes on a dumper truck they hired out lead to a worker’s multiple injuries.
• When the truck began to roll down a slope, a worker tried to engage the footbrake, but his leg became trapped against the driver’s seat.
• The company were fined £14,000 and ordered to pay £8,199.74 in costs.

The Case:

An investigation was launched into the safety procedures of a midlands-based tool and plant hire company, after a worker was injured in an incident on 28 August 2013.

The company had hired out a dumper truck and excavator to a farmer in Derbyshire. On the day of the incident, the farmer and a self-employed contractor were using the excavator to load the dumper truck whilst it was parked at the top of a slope. When it was about half full, the contractor noticed the truck start to roll forwards. When he tried to climb onto the vehicle to engage the footbrake, the steering column struck the excavator shovel and his right leg became trapped against the driver’s seat.

The 50-year-old worker suffered multiple injuries as a result of the incident, including a broken leg, a blood clot and a cut to his shin that required a skin graft. As a result of his injuries he was unable to return to work for five months.

The subsequent HSE investigation found that whilst the hire company had checked both vehicles before they were sent out on hire, they had failed to identify that the dumper truck’s parking brake was faulty.

The case was heard at Derby Magistrates’ Court on 9 April 2015, where the firm pleaded guilty to breaching regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998. They were fined £14,000 and ordered to pay £8,199.74 in costs.

What the HSE inspector had to say:

Speaking after the hearing the HSE Inspector Edward Walker stated that:

“This was a serious incident where someone was badly hurt. The faults with the parking brake should have been identified before it was sent out to a customer. Had this been done and the brake cable replaced, the incident would have been prevented. 

Effective maintenance is important to ensure that equipment works reliably and can prevent additional dangers, particular with heavy plant vehicles such as in this case.” 

What the law states:

Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998 states:

Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair. 

Further information on the control of work equipment can be found here.

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