£1 million fine issued after worker killed by reversing HGV

The accident

"Nearly a quarter of all workplace transport fatalities occur during reversing – a well-known and preventable risk" - HSE spokesperson

In early 2019, Lee Warburton, a 53-year-old banksman for a wholesale supermarket supplier, was fatally crushed between a reversing Heavy Goods Vehicle (HGV) and a wall. An HSE investigation into the awful accident revealed that the wholesaler did not take reasonable steps to limit obvious Health & Safety risks, resulting in a £1 million fine.

Struggling with Health & Safety? Give one of our H&S specialists a call today for free, same-day assistance on 0808 501 6651.

The results of the investigation

During the HSE-led investigation, it was revealed that the wholesaler did not adequately implement:

• Safety controls to separate pedestrians from vehicles.
• Systems to decrease risky reversing manoeuvres, even though the depot area was excessively cramped.

It was ruled that the absence of an official unloading procedure for banksmen, given the clear spatial risk, was unreasonable and, as such, represented gross Health & Safety misconduct by the employer. The investigation also revealed that adequate instructions and training had not been provided by the wholesaler, even though the area in question was clearly high-risk. 

As an HSE-spokesperson close to the investigation put it , ‘This case demonstrates the catastrophic consequences when organisations fail to implement basic safety measures, such as clearly defined vehicle routes, exclusion zones, and properly trained banksmen.’

The underlying cause of the accident

Whilst loss of life is not to be taken lightly, it is important to examine the underlying cause of these Health & Safety mishaps: a lack of comprehensive risk assessments. In this case, company leaders were unaware that vehicle routes, exclusion zones, and proper H&S training were needed to avoid serious bodily harm, confirming that adequate, professionally undertaken risk assessments had not been employed; if they had, these severe risks would have been found and controlled early on.

What this tragic and preventable outcome highlights is that, when it comes to Health & Safety, cutting corners by assuming the status of workplace risks and not enlisting the services of a competent Health & Safety professional can lead to calamitous outcomes.

Assumptions can be dangerous

At Croner, we have more than 80 years of experience supporting UK businesses in undertaking workplace Health & Safety risk assessments. In this time, we have seen repeatedly that the same set of myths and assumptions hinder employers from undertaking the correct risk assessments, leaving both their businesses and employees at risk.

Let us examine a few of the most common of these below:

1. “We don’t have the expertise to properly undertake these assessments.”

Whilst you may lack formal Health & Safety training, the knowledge and skills needed are readily available. UK H&S law requires employers to ensure H&S risk assessments are undertaken, and there are many avenues to gain or employ professional expertise.

2. “Our hazards are already well understood.”

Your workplace is dynamic, new hazards can appear, or existing risks can evolve, due to several factors. Complacency and a lack of regular review, as in the case with the wholesaler, can lead to a false sense of security, where potential risks are overlooked, underestimated, and can lead to fatal consequences if not addressed. Risk assessments must be documented by law where an employer has five or more employees.

3. “We don’t have any major problems.”

This myth is among the most dangerous because it masks underlying issues, increasing the risk of serious accidents and/or injury. Whilst your workplace might not have experienced incidents yet, as was the case for the wholesaler, it is critical to continually assess and address potential hazards to prevent minor issues from escalating. Remember, it only takes one serious incident to irrevocably damage both your business’s wellbeing, and your workers’.

4. “Risk assessment is too difficult.”

The idea that risk assessment is too difficult is a myth. Whilst it is true that some risk assessments can be complex, many are straightforward and can be handled by understanding your work environment and its potential hazards, or with help from a competent Health & Safety specialist.

In summary

Running a business comes with many Health & Safety risks, which is why UK Health & Safety laws are so stringent. However, this case study illustrates that, whilst the law is clear, and Health & Safety resources are widely available, employers still face underlying challenges that make it easy to miss the mark, such as:

• Assumptions about the status of workplace risks.
• A lack of time, money, and resources.
• A lack of adequate risk assessments.

At Croner, we recognise that running a business is complex and covering all your bases when it comes to Health & Safety adds an extra layer of complication. That is why we provide a specialised Health & Safety solution designed to support businesses in meeting their Health & Safety obligations and goals, helping them avoid costly fines with our on-site visits, around-the-clock advice, and detailed Health & Safety reporting.

As one of the most experienced and respected industry specialists, thousands of UK businesses have come to rely on our team to help them manage their health and safety responsibilities.

If you want to ensure your workplace is risk-free and compliant to the letter of the law, give us a call for free, same day help on 0808 501 6651.