A delivery driver fell and suffered a traumatic brain injury while working at a company’s site. The company has since been prosecuted and fined £380,000 plus costs.
Information
On the 28th July 2022, the driver was delivering fuel to the company’s timber processing site for use in a temporary diesel generator, when he fell from a trailer.
Whilst stowing equipment in a trailer attached to his truck, the driver’s trailer was struck by a forklift truck reversing out of a nearby mill, causing the driver to fall over and hit his head onto the tarmac floor below.
As a result of the accident, the driver spent five weeks in hospital having sustained traumatic brain injuries and then subsequently spent a further 13 weeks in a care facility where he undertook Cognitive Behavioural Therapy (CBT). Due to his injuries, he now suffers from dizziness and memory loss because of his brain injury.
HSE Accident Investigation
The Health and Safety Executive (HSE) undertook an investigation and found:
- There was inadequate segregation of vehicles and pedestrians in the yard area.
- There were no control measures in place to prevent forklift trucks from entering areas in which delivery drivers were working whilst refuelling generators.
- The Company failed to identify any safe systems of work for the delivery of fuel to the temporary generators at its site.
It was found that the company understood the risks associated with workplace transport, as control measures had been identified for separating pedestrians and vehicles but had failed to implement them. The company’s site rules had been identified but were not routinely implemented or monitored by the company.
Conclusion
The company was fined £380,000 and ordered to pay costs of £5,934.50, after pleading guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974.
Sect 2 (1): General duties of employers to their employees.
- It shall be the duty of every employer to ensure, so far as is reasonably practicable, the Health, Safety and Welfare at work of all his employees.
Sect 3 (1) General duties of employers and self-employed to persons other than their employees.
- It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their Health or Safety.
Comment
An employer must ensure their workplace is safe for the people and vehicles using it and that traffic routes are suitable for the people and vehicles using them.
This serious case highlights the dangers arising from inadequate management of workplace transport. The incident was entirely preventable and would not have occurred if reasonably practicable controls had been implemented.
The case also highlights the requirements for companies to ensure the safety of non-employees including contractors at employer’s sites.
Are you Confident your Company Site is Safe?
If you are not sure: perhaps you should consider a site inspection to review your current site activities, practices and whether your Health and Safety measures are suitable and sufficient.
Sentient can assist with carrying out a site inspection and provide guidance, where appropriate, on how measures could be improved. Either talk to our team, or learn more about our health & safety services.
