Health and Safety Failings – Workplace transport safety failings lead to prosecution

Workplace transport safety failings lead to prosecution

Key Facts:

• A waste management company have been fined for workplace transport safety failings.
• A 58-year-old worker was fatally hit by a JCB loading shovel.
• The company were fined £200,000 and costs of £65,000.

The Case:

The HSE launched an investigation into workplace transport safety following an incident at a waste management company on 17 August 2012.

A 58-year-old groundsman was hit and run over by a JCB loading shovel whilst clearing litter at the waste management company. He died at the scene.

The subsequent HSE investigation found that the company had failed to organise and control workplace transport adequately. These failures in workplace transport safety failed to ensure pedestrians and vehicles could circulate and operate safely.

The case was heard at St Albans Crown Court on 13 March 2015. The firm pleaded guilty to breaching Regulation 4(1) and Regulation 17(1) of the Workplace (Health, Safety and Welfare) Regulations 1992 and to breaching Regulation 5(1) of the Management of Health & Safety at Work Regulations 1999. They were fined £200,000 and ordered to pay costs of £65,000.

What the HSE inspector had to say:

Speaking after the hearing the HSE Inspector Roxanne Barker stated that:

“Mr Murphy lost his life in what was an entirely preventable tragedy caused by FCC Waste Services (UK) Ltd’s failure to fully recognise and control the hazards arising from activities in and around the tipping hall at its waste transfer station.

There are significant risks associated with operating large construction type vehicles on waste sites, particularly when, as in this case, the vehicles have restricted visibility. These risks are well known and easily controlled using reasonably practicable precautions.

Every year many people are killed or seriously injured in incidents involving workplace transport, and there is no excuse for companies that neglect this risk. Pedestrians, whether they are employees or not, should be kept separate from these types of vehicles through physical barriers or safe systems of work that are clear and well supervised.”

What the law states: 

Regulation 4(1) of the Workplace (Health, Safety and Welfare) Regulations, 1992 states:

Every employer shall ensure that every workplace, modification, extension or conversion which is under his control and where any of his employees works complies with any requirement of these Regulations which (a) applies to that workplace or, as the case may be, to the workplace which contains that modification, extension or conversion; and (b) is in force in respect of the workplace, modification, extension or conversion.

Regulation 17(1) of the Workplace (Health, Safety and Welfare) Regulations, 1992 states:

Every workplace shall be organised in such a way that pedestrians and vehicles can circulate in a safe manner.

Regulation 5(1) of the Management of Health & Safety at Work Regulations 1999 states:

Every employer shall make and give effect to such arrangements as are appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures.

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