Bus company in court after apprentice's ordeal

Date:

12 December 2011

Release No:

Y&H/185/11

One of South Yorkshire's main bus operators has been sentenced for safety breaches after a teenage apprentice was trapped under a 14 tonne bus when its air suspension failed.

Ben Burgin, who was then 17, needed restorative plastic surgery to his nose and eye socket following the incident at Stagecoach Yorkshire's garage in Wakefield Road, Barnsley, on 7 September 2009.

Stagecoach Yorkshire's garage where the incident occurred

Barnsley Magistrates' Court heard Mr Burgin, from Penistone, was working alongside an experienced fitter to correct a braking fault on a bus fitted with an air suspension system. Rather than moving the bus over an inspection pit, they attempted to fix the fault with the bus still on the garage floor.

Mr Burgin slid beneath the bus near the front passenger wheel and was making adjustments when the air suspension failed suddenly and the bus dropped on him, badly injuring his face. He was freed when another worker rushed to help and they were able to raise the bus sufficiently to get him out.

The incident was investigated by the Health and Safety Executive (HSE) which brought the prosecution against the operator's owners, Yorkshire Traction Company Ltd of Stockport, Cheshire.

The company, of Dawbank, Stockport, pleaded guilty to two offences under the Health and Safety at Work etc Act 1974 and was fined a total of £15,000 and ordered to pay £8,473 in costs.

After the hearing, HSE Inspector Steve Kay, who investigated, said:

"Thankfully Ben has been able to return to work but he had a painful recovery after suffering a totally needless ordeal.

"When employing young people, it is crucial that firms take particular account of their obvious lack of experience and lack of awareness of risks.

"The risks involved when working on buses and coaches with air suspension systems are well known in the motor industry. The latest guidance has warnings about never going underneath unless the buses are properly supported. There have been incidents in the past, including deaths, when air suspension systems have failed catastrophically while someone was underneath.

"Yorkshire Traction fell well below a reasonable standard. It failed to take basic precautions such as looking at all the risks involved and specifying a safe system of work for their employees, including close supervision.

"Young people are more vulnerable. The purpose of assessing the risks they may encounter is not to produce paperwork but to protect them as best you are able."

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 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."
3. Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999 states that "every employer shall make a suitable and sufficient assessment of the risks to the health and safety of his employees to which they are exposed whilst they are at work"

Press enquiries

Regional reporters should call the appropriate Regional News Network press office.

Issued on behalf of the Health & Safety Executive by COI News & PR Yorkshire and the Humber