Trio fined £1.4m after death at Immingham

Commercial Motor
December 13, 2018

 

Associated British Ports, DFDS Seaways and ICTS (UK) have been fined a total of more than £1.4m after a security guard was fatally injured when he was struck by an articulated truck.

Hull Crown Court heard how, on 9 September 2015, Lyndon Perks, a security guard employed at the container terminal at Immingham Docks, approached an artic that was entering a gate, and walked in front of the vehicle. The guard was not visible to the driver, either on approach to the HGV or as he walked in front of it.

He was dragged underneath the vehicle as it turned towards a warehouse and sustained multiple injuries and died at the scene. A HSE investigation found Associated British Ports and DFDS Seaways had failed to carry out a suitable and sufficient workplace transport risk assessment and had not considered the risks that vehicles entering, leaving and manoeuvring in the gate area posed to others.

Associated British Ports required the security guard at the gate to stop traffic and check pedestrians and vehicles entering the terminal, but failed to provide means to do so safely as there was no signage indicating drivers should stop and report to security, and no safe facilities. Also, ICTS (UK) failed to provide adequate training, and the risks of stopping traffic without any physical protective measures in place had not been considered.

Associated British Ports of Bedford Street, London, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974 and was fined £750,750. DFDS Seaways of Nordic House, Immingham Docks, pleaded guilty to breaching Section 2(1) and 3(1) of the Health and Safety at Work Act 1974 and was fined £166,670.

ICTS (UK) of Tavistock House, London pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and was fined £500,000. After the hearing, HSE inspector Carol Downes said: “HSE found inadequate consultation between parties and no assessment of the risks to the segregation of vehicles and pedestrians.

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