HSE/GNN.NE/321/07 Date: 29 August 2007

HSE warns HGV operators about safety during reversing following successful prosecution

Haulage company fined £4,000 following accident resulting in serious injury 

The Health and Safety Executive (HSE) has brought the safe operation of heavy goods vehicles into sharp focus following a successful prosecution brought against Tow Law-based W. E. & I. Wright Limited.

The prosecution followed an investigation into an accident to an employee, who was seriously injured after being trapped and crushed between two heavy goods vehicles as one reversed past the other. The investigation by the HSE showed a number of deficiencies in the company’s arrangements to ensure safety during reversing operations. These deficiencies were identified as putting employees at serious risk of injury from being struck by a reversing vehicle.

As a result of the prosecution, W. E. & I. Wright Ltd was fined £4,000 at Durham Magistrates Court on 29 August 2007 after admitting it had breached section 2(1) of the Health and Safety at Work etc Act 1974. The company was also ordered to pay £2,500 in costs.

HM Inspector of Health and Safety Richard Bishop told the court that his investigation found that the company had been alerted to the risks less than a year before the accident, when it commissioned the Road Haulage Association (RHA) to carry out risk assessments at its premises. However, the precautions identified by the risk assessments were not implemented, meaning that the company had almost no physical or organisational measures in place to control workplace transport risks.

Speaking after the case, Mr Bishop said: “Vehicles are a part of everyday life, and as a result their dangers are often overlooked – complacency can be a real problem. But workplace transport continues to be the second biggest cause of fatal accidents at work. In 2004/05 there were 70 deaths and over 2,000 major injuries involving vehicles at work. Reversing alone caused about a quarter of the fatal accidents.

“An employer’s first consideration should always be to try and eliminate reversing at their premises. But where reversing cannot be avoided, there is clear guidance that spells out how to plan for safety, which should involve taking sensible, cost-effective measures to ensure a safe site, safe vehicles and safe drivers.”

Notes to editors:

1. Legislation: Section 2(1) of the Health and Safety at Work etc Act 1974 places a duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees. Breach of section 2(1) is an offence, which is punishable by a fine of up to £20,000 in Magistrates Courts, or an unlimited fine if a company is convicted in a Crown Court.
2. Workplace transport: Workplace transport is the second largest cause of fatal accidents to workers in the UK, and a reduction in this kind of accident is a priority for HSE. The main causes of accidents are being struck by a moving vehicle, falling off a vehicle (or its load), loads falling off vehicles, and vehicles overturning. Workplace transport is likely to be a significant hazard at many workplaces, and it is a topic that is raised proactively at most visits carried out by HSE Inspectors.
3. Guidance: The key reference is HSE’s guidance publication HSG136 – ‘Workplace transport safety’ (2nd edition, ISBN 0 7176 6154 7). This can be obtained from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 2WA, tel: 01787-881165 or fax: 01787-313995.
4. In addition, there is a large amount of information on workplace transport on HSE’s website at www.hse.gov.uk/workplacetransport/index.htm, including many free leaflets and guidance sheets.

Press enquiries

Jackie Woods / Jill Barber: 0191 202 3604/3609
Out of hours: 020 7928 8382

Public enquiries

HSE's InfoLine: 0845 3450055
Caerphilly Business Park, Caerphilly CF83 3GG

HSE information and news releases can be accessed on the Internet www.hse.gov.uk/

Issued by Government News Network North East. For further information please contact Jackie Woods/Jill Barber on 0191 202 3604/3609, Jackie.woods@gnn.gsi.gov.uk, Jill.barber@gnn.gsi.gov.uk.