NEWSFLASH IN THE COURTS
HSE WARNS HGV DRIVERS AFTER DEATH OF ROAD
WORKER HGV drivers are frequently putting lives at risk by not following basic safety procedures when coupling and uncoupling vehicles, the Health and Safety Executive have warned.
The workplace health and safety regulator urged drivers to apply parking brakes and use (or retrofit) warning alarms to avoid a repeat of an incident in January 2015 when a 20-year-old man died.
Road worker Dale Pentney was crushed by an HGV tractor unit which rolled backwards as driver Anthony Steven Smith was in the process of delivering materials for repairs to the A21 in Kent.
Sevenoaks Magistrates’ Court heard last month that Smith was given a suspended prison sentence. He pleaded guilty to causing death by careless driving and a breach of section 7 of the Health and Safety at Work Act.
BT FINED £500K AFTER ENGINEER
BREAKS BACK IN FALL British Telecom has been fined £500,000 after an engineer fell seven metres from a loft in London, breaking his back and ankles.
The Old Bailey heard how a BT engineer, David Spurgeon, was fixing a telephone fault in the roof void of a residential block of flats in Tower Hamlets, East London.
Mr Spurgeon was working alone when he lost his balance and fell through the ceiling, landing on a concrete stairwell, sustaining his serious injuries.
An investigation by the Health and Safety Executive (HSE) into the
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The court heard Smith, 48, of Philadelphia road, Porthcawl, Newport, Wales, was an experienced HGV driver and was in the process of connecting his tractor unit to another parked trailer when it rolled backwards.
Two men working with Mr Pentney were able to jump out of its way but Mr Pentney was unable to do so and was trapped between the two vehicles. He sustained major head injuries and died at the scene.
A joint investigation by Kent Police and HSE found that Smith failed to apply the parking brake of the tractor unit before he left it. He also failed to follow recognised industry coupling procedures.
Smith was sentenced to 12 weeks’ imprisonment (suspended for 12 months) and disqualified from driving for 12 months.
HSE inspector Melvyn Stancliffe, speaking after the hearing brought by the Crown Prosecution Service (CPS), said: “This was a tragic and wholly avoidable accident and HSE’s sympathies are extended to the Pentney family. Sadly, it shows how
incident which occurred in May 2011 found there were a number of management failures by BT, including inadequate planning of work taking place near fragile surfaces and checking that it was carried out safely.
British Telecom plc, of Newgate Street, London, was found guilty of breaching Section 2(1) of the Safety and Health at Work etc Act 1974 and was fined £500,000 and ordered to pay costs of £98,913.51. In his sentencing remarks the judge criticised BT for attempting to blame its own engineers for the incident. He described their approach as being ‘not necessary, misplaced, and unfortunate.’
HSE inspector Kevin Smith said: “David Spurgeon is lucky to be alive.
“There were a number of failures of health and safety management by BT
which related to planning the work, supervision, and checking it was being carried out safely. Work at height needs to be properly planned, and this incident could have been prevented.”
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dangerous situations can develop very quickly. These coupling / uncoupling incidents – known as ‘runaways’ or ‘rollaways’ – are all too common.
“Many vehicles are fitted with visual and audible parking brake warning alarms, and if they are not fitted, hauliers should consider retrofitting them to their tractor units as HSE considers it reasonably practicable to do so. These alarms must never be ignored. Drivers must ensure they correctly apply the tractor unit parking brake before exiting the cab and then follow safe decoupling and coupling procedures.”
Nigel Pilkington, head of CPS South East complex casework unit, said: “Although Dale died whilst he was at work, it was important to charge Anthony Smith with the serious offence of causing Dale’s death by careless driving. The sentence rightly reflects the fact of his careless driving on that day.”
Guidance on safe coupling and uncoupling of vehicles is available at
www.hse.gov.uk/workplacetransport/ information/
coupling.htm
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