18/04/18

Health and Safety | Employers’ Liability

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A logistics company was recently fined after an agency worker suffered catastrophic Injuries whilst unloading a vehicle.

Amandeep Murria of Kangs Solicitors comments upon the circumstances.

The Circumstances

Southend Magistrates’ Court was informed that the incident occurred on 14th December 2015 whilst the agency worker was unchaining a vehicle ramp from a delivery lorry.

The lorry rolled forward with one chain still attached to the ramp resulting in the agency worker being severely crushed between the ramp and a barrier.

A full and detailed investigation by the Health & Safety Executive (HSE) concluded the Company had failed to: 

  • fully control the risks arising from the operation
  • implement suitably robust systems of work
  • provide sufficient training
  • appropriately brief visiting drivers on their role in this activity.

The Relevant Health and Safety Law | Kangs Regulatory Law Advisors

The Health & Safety At Work Act 1974 provides:

3 General duties of employers and self-employed to persons other than their employees.

‘(1)  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.’

The Outcome | Kangs Health and Safety Advisory Solicitors

The company pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974 and has been fined £373,000 and ordered to pay Prosecution costs of £8,333.

HSE Inspector Tim Underwood said:

 “This incident could have been avoided if the company had created a more detailed risk assessment and introduced a fully considered safe system of work. Removing the visiting lorry driver’s keys until the procedure was safely completed, is one such method which could have prevented such an occurrence."

How Can We Help? |  Kangs Health and Safety Solicitors

Kangs Solicitors have a wealth of knowledge and experience in dealing with all matters of health and safety law.

Our specialist lawyers are able to provide advice and assistance throughout the entire criminal process, from the initial intervention by the health and safety executive through to enforcement, interview under caution and ultimately the defence of any ensuing criminal prosecution.

Who Can I Contact For Help? | Kangs Solicitors

Please feel free to contact our team through any of the solicitors named below who will be happy to provide you with some initial advice and assistance:

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Tim Thompson
tthompson@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

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