Global logistics and tobacco firms fined after worker is crushed to death

Date:

2 July 2010

Release No:

HSE/EM/37/10

Two companies have today been fined a total of £160,000 after a man was killed when he was crushed by a rolling lorry in Nottingham.

Global logistics company, Exel Europe Ltd, based at Midsummer Boulevard, Milton Keynes, pleaded guilty to breaching sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 and were today sentenced at Nottingham Crown Court.

Imperial Tobacco Ltd, of Upton Road, Bristol, also pleaded guilty to breaching sections 2(1) and 3(1) of the 1974 Act.

The court heard that on 7 September 2007, Cotgrave man, Gary Brooks (42), a heavy goods driver with Exel, was trying to collect a loaded trailer from the Imperial Tobacco site at Bull Close Road, Lenton Industrial Estate, Nottingham.

Mr Brooks intended to attach the trailer to his cab. But as he was doing this the lorry gradually rolled forward, trapping him between the front of the vehicle and a building. He suffered fatal head injuries.

The Health and Safety Executive (HSE) investigation found that drivers working for both Exel and Imperial did not routinely apply the trailer brakes to make sure the vehicles were safely parked. Some drivers had not been properly trained or assessed and no checks had been carried out to monitor the use of trailer brakes in the yard.

Both companies had identified the risk to workers but had failed to implement appropriate control measures. Their method of working ignored published safety guidance which meant that drivers, other employees, visitors and third party contractors were all at risk.

Following the sentencing HSE Inspector Frances Bailey said:

"This case was prompted by the tragic death of Gary Brooks, which could have been avoided had the companies involved ensured that all drivers routinely followed a safe system of work.

"In 2008/09 12 workers in the haulage industry died at work, while a further 1,500 were seriously injured. All haulage companies should know that it is their responsibility to check on safety practices and make sure drivers are following the right procedures."

Notes to editors

1. Imperial Tobacco Ltd was fined £80,000 and ordered to pay costs of £31,000
2. Exel Europe Ltd was fined £80,000 and ordered to pay costs of £35,800
3. Section 2 (1) of the Health and Safety at Work etc Act 1974 states: "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."
4. Section 3 (1) of the Health and Safety at Work etc Act 1974 states: "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."

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