Legal News

The Health and Safety Executive (HSE) has successfully prosecuted a firm based in Widnes in Cheshire, after the driver of a tipper truck suffered fatal injuries in a work accident.

The HSE investigation into the work accident at manufacturing company Plasmor (Halton) Ltd found that company failed to have a safety system in place for the delivery of raw materials – despite tipper trucks coming onto the site every day.

The accident happened on 13 July 2013, when the driver of a tipper truck – 56-year-old David Astley from Ellesmere Port – arrived at the Plasmor (Halton) Ltd on Tanhouse Lane in Widnes with a truck of limestone dust.

Mr Astley was tipping the load onto the site when another driver arrived at the plant with a second load of limestone.

The dust is used by Plasmor (Halton) Ltd in the manufacture of concrete slabs.

The second driver was instructed to empty his truck in the same place as Mr Astley – but as he lifted the trailer, it overturned and fell on top of Mr Astley’s cab.

David Astley suffered fatal crush injuries in the accident, Liverpool Crown Court heard.

The court also heard that the tipper trucks arriving at the site could weigh up to 44 tonnes – and the risk of vehicles overturning was well known in the manufacturing and construction industry.

Despite this, the employee directing the tipper trucks had not received appropriate training, the court heard – and Plasmor had failed to carry out a risk assessment for the work, which should have involved making sure each tipper truck was kept at a safe distance from others.

On Tuesday, 11 February at Liverpool Crown Court, Plasmor (Halton) Ltd –
of Wormersley Road in Knottingley – pleaded guilty to one breach of Section 3(1) of the Health and Safety at Work etc Act 1974, which states, “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”

Plasmor (Halton) Ltd was fined £100,000 and ordered to pay prosecution costs of £28,634.

After the hearing, HSE Inspector Jane Carroll said that the company should have known there was a danger of tipper trucks overturning – and should have created exclusion zones to minimise the risk of anyone being injured. However, on the day of the incident, the two drivers were allowed to empty their trailers next to each other.

“Plasmor has since changed its procedures so staff are properly trained and tipper trucks are kept at least 20 metres apart.

If this system had been in place at the time of the incident, then Mr Astley’s death could have been avoided,” she said.

“Mr Astley sadly lost his life because Plasmor hadn’t considered the risks facing drivers who arrived on the site.”

Duncan Lewis Work Accident & Injury Solicitors

Duncan Lewis is a leading firm of personal injury solicitors – and can advise employees on making no win no fee compensation claims for work accidents and injury.

Duncan Lewis personal injury solicitors can also advise families of loved ones who have been fatally injury – or who have suffered catastrophic injury in a work accident or as a result of industrial disease – on making a claim for compensation if the accident or injury was caused by employer negligence.

For expert advice on making no win no fee compensation claims for work accident and injury, contact Duncan Lewis personal injury solicitors on 020 7923 4020.