Health and Safety Failings – Series of safety failings lead to fatal accident

Series of safety failings lead to fatal accident

Key Facts:

• A series of safety failings led to the death of a 42-year-old delivery driver at a steel firm in Sheffield.
• The driver was fatally struck by 3 tonnes of steel tubes in an unsuccessful unloading attempt.
• The company were fined £62,000 plus costs of £38,000 for a series of serious safety failings.

The case:

An HSE investigation was launched into the safety practices of a Sheffield based steel working firm, after a series of safety failings led to the death of a 42-year-old worker.

On 6 December 2012, the driver was delivering two bundles of 7.5m long tubes to the company’s site in what should have been a straightforward unloading operation. However, no checks had been made by the company to see what was to be offloaded, or how the load was positioned. A trained, but inexperienced, forklift truck driver was told to offload the steel tubes, but the forks were too short, and the bundles fell off, striking the delivery driver. He was pushed off the trailer onto the pavement and was fatally wounded by the three tonnes load metal tubes as they crashed down after him.

• No safe system of work was in place
• The firm had not carried out a risk assessment for the loading and unloading of the steel tubes
• They had not provided instructions or adequate training to staff
• Failure to provide instruction meant workers were left to develop their own practices, having to device how to offload, where to offload, and what equipment to use.
• A risk assessment would have identified that a crane should have been used, and that the truck should have been put in the loading bay – not on the busy road outside.
• There was a serious lack of planning and communication between the site and the delivery driver.
• Road users were also put at risk by the forklift which was partially blocking the road.
• Simple planning would have identified that the driver should not have been allowed to remain on the back of the lorry and that the forklift had an insufficient reach.

The case was heard at Sheffield Crown Court on 17 April 2015, where the company pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. They were fined £62,000 plus costs of £38,000.

What the HSE Inspector had to say:

Speaking after the hearing the HSE Inspector Chris Gallagher stated that:

“Unfortunately, this type of incident is not unique or new. What happened to Robert Ismay was a tragedy that has had devastating consequences for his wife, children and wider family. 

“There was a series of safety failings by Daver Steels in this case. Key was its failure to put in place adequate control measures, which includes the provision of suitable instructions to employees and visiting workers so such tasks could be completed safely. 

“Daver Steels should have taken responsibility for the driver’s safety and the delivery and unloading operation. Companies that receive deliveries to their premises have a duty to ensure that any unloading operation is carried out in a safe manner.” 

What the law states:

Section 3(1) of the Health and Safety at Work etc Act 1974 states:

“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.” 

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