DHL fined £80,000 after driver crushed to death

Commercial Motor
July 2, 2010

DHL has been fined £80,000 after pleading guilty to health and safety breaches following the death of one of its drivers at an Imperial Tobacco site nearly three years ago.

Nottingham Crown Court heard that in September 2007, Gary Brooks, 42, a heavy goods driver, was trying to collect a loaded trailer from the Imperial Tobacco site on the Lenton Industrial Estate in Nottingham.

Brooks intended to attach the trailer to his cab.

However, as he was doing so, the truck gradually rolled forward, trapping him between the front of the vehicle and a building.

He suffered fatal head injuries.

A Health and Safety Executive (HSE) investigation found that drivers working for both DHL and Imperial did not routinely apply the trailer brakes to make sure the vehicles were safely parked.

Some drivers had not been properly trained or assessed and no checks had been carried out to monitor the use of trailer brakes in the yard.

DHL pleaded guilty to breaching sections 2(1) and 3(1) of the Health and Safety at Work Act 1974. Along with its £80,000 fine, the company was also ordered to pay costs of £35,800

Imperial Tobacco also pleaded guilty to breaching sections 2(1) and 3(1) of the 1974 Act, fined £80,000 and ordered to pay costs of £31,000

Both companies had identified the risk to workers but had failed to implement appropriate control measures.

Their method of working ignored published safety guidance which meant that drivers, other employees, visitors and third party contractors were all at risk.

Frances Bailey, HSE inspector, says the death "could have been avoided" had the companies involved ensured that "all drivers routinely followed a safe system of work".

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