Council fined after pensioner killed by reversing bin lorry

Date:

3 July 2012

Release No:

HSE/MIDS/ 77

Bassetlaw District Council has been fined after a member of the public was killed by a reversing bin lorry.

Derrick Baines, 76, of Mellish Road, Langold, Nottinghamshire, was returning home from the shops on his mobility scooter when he was struck by the lorry on 10 July 2008.

Today, the Health and Safety Executive (HSE) told Nottingham Crown Court that the lorry, which was on a missed bin collection in Mellish Road, only had a one-man crew and the incident could have been prevented had there been a reversing assistant at the back of the vehicle.

The driver was only aware something was wrong when he noticed shopping spilling into the road behind him. He stopped the lorry and found Mr Baines trapped underneath who suffered multiple injuries and died later in hospital.

After the hearing HSE inspector David Butter said:

"If the council had staffed the refuse collection lorry appropriately then Mr Baines would probably still be alive today. Very large vehicles such as this have a number of blind spots and it was impractical to expect a lone driver to reverse safely without the aid of a colleague walking behind to check the path was clear.

"These lorries are fitted with flashing lights and a reversing warning system but the council needed to take into consideration that system was not adequate and another worker should have been present and could have prevented this needless loss of life."

Bassetlaw District Council, of Potter Street, Worksop, pleaded guilty breaching Section 3(1) of the Health and Safety at Work etc Act 1974. Today Nottingham Crown Court fined the council £25,000 and ordered it to pay costs of £12,987.

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. Free guidance on the use of waste and recycling vehicles in street collection is available on the HSE website at www.hse.gov.uk/pubns/waste04.pdf

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