Waste company fined £250,000 after member of the public dies

Date:

26 April 2011

Release No:

COISE/2604

A waste company has been fined £250,000 after a bin lorry ran over and killed a member of the public.

The Health and Safety Executive (HSE) prosecuted Team Waste (Southern) Ltd of Turners Hill, Sussex, after they were found to have breached health and safety laws which led to the death in Brighton.

The refuse vehicle which struck Mrs Smith

Lewes Crown Court heard that on the 5 March 2007, Anne Smith, 61, from Brighton, was hit by a refuse vehicle as it reversed up Cranbourne Street in Brighton city centre at 6.20am. The driver did not realise he had struck Mrs Smith until her body lay about three metres in front of the vehicle. Mrs Smith died shortly afterwards.

The HSE investigation found that the driver reversed the refuse collection vehicle without a banksman (known as a reversing assistant), contrary to Team Waste's operating policy. The vehicle also had defective CCTV at the rear and the audible reversing siren was turned off. The driver believed such alarms were prohibited before 7.00am.

Team Waste (Southern) Ltd failed to ensure that control measures identified in their own risk assessment were put into practice.

HSE's Inspector Sharon Humphrey said:

"Team Waste (Southern) Ltd failed to ensure the safe collection of rubbish. As a result of its failure an innocent woman has died unnecessarily. This has had devastating consequences for her family.

"Waste collection on public streets can be a high-risk activity if not properly planned. The law requires employers to assess the risks to its employees and members of the public.

"This incident could have been prevented had simple, low cost and readily available precautions been put in place. Detailed guidance, which is freely available from HSE outlines the requirements of the law and provides advice on the practical measures to take.

"The HSE takes failure to comply with these provisions seriously and will not hesitate to take action."

Team Waste (Southern) Ltd of Burleigh Oaks Farm East Street, Turners Hill, Crawley was found guilty of breaching section 3(1) of the Health and Safety etc. at Work Act 1974. The company was fined a total of £250,000 and ordered to pay costs of £50,000.

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. 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."
3. Information on waste and recycling management can be found at: http://www.hse.gov.uk/waste/

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Issued on behalf of the Health and Safety Executive by COI News & PR South East