Explanation of the Incident. At the Dudley Metropolitan Borough Council ‘s ( Dudley MBC ) Lister Road Depot in Netherton George Pagett, a 62 twelvemonth old Council employee, was struck and killed by a wheeled shovel stevedore ( see appendix 1 ) on 27th October 2006 in the tarmac compound country of the site. This was due to the driver neglecting to take sensible attention whilst runing the vehicle and Dudley MBC ‘s carelessness to guarantee the wellness and safety of their employees.
The incident occurred due to two failures on the portion of Michael Lilley, the driver of said vehicle. Lilley had ignored the specific site controls which stated that the maximal velocity for vehicles was 8Mph and besides drove against the designated traffic path which set out that all vehicles must follow a set one manner system. Furthermore he was driving the vehicle with the lading shovel at a tallness which meant that his position was obstructed and was non able to see Mr Pagett.
Bing cognizant of the one manner system of the Lister Road Depot Mr Pagett was stood confronting the oncoming traffic in the pace and have oning a high visibleness jacket when he was hit in the dorsum by the blade of the pail. Although other employees had tried to warn Mr Pagett of the onset danger and divert Mr Lilley, the vehicle failed to halt until after the forepart wheel had run Mr Pagett over.
The decease of Mr Pagett was caused due to breaches of the Health and Safety at Work Act 1974 ( HSAWA ) by Dudley MBC and Michael Lilley. Following the probe of the human death condemnable proceedings were enforced by the Health and Safety Executive ( HSE ) . The instance was heard at Wolverhampton Magistrates Court on 8th February 2009 and saw that Dudley MBC were fined ?30,000 and ordered to pay costs of ?20,000 due to a breach of Section 2 ( 1 ) which states that ‘it shall be the responsibility of every employer to guarantee, so far as is moderately operable, the wellness, safety and public assistance at work of all his employees ‘ . The HSE besides prosecuted Michael Lilley, which saw him fined ?750 and ordered to pay ?500 in costs due to two breaches of Section 7 ( a ) of the Health and Safety at Work Act, ‘It shall be the responsibility of every employee while at work… to take sensible attention for the wellness and safety of himself and of other individuals who may be affected by his Acts of the Apostless or skips at work.
The HSE Inspector David Price was involved with this instance and commented on the tragic decease of Mr Pagett stating that ‘this was a awful incident that could so easy have been prevented… In driving at over 8mph against the one-way system, with the unnecessarily raised pail befoging much of his position through the windshield, Michael Lilley failed to take sensible attention for the wellness and safety of Mr Pagett ‘ ( HSE, Press release, 8th February 2010 )
Critique of events
It is clear from the above account of the events that this accident was evitable had there been an attitude of sensible attention conducted by all. ‘Most transport-related accidents involve people being hit or run over by traveling vehicles… However, the implicit in causes are normally found in hapless direction control… The bulk of transport-related accidents are preventable ‘ ( HSE, Workplace Transport Safety: Guidance for Employers ) . Dudley Metropolitan Borough Council had established a safe system of work at the Lister Road site, which saw conformity of Section 2 ( 2 ) ( a ) of the Health and Safety at Work Act 1974, by developing a one-way system with a maximal velocity of 8Mph but this incident shows that the system was n’t being purely enforced and as a consequence an employee was killed. Safe systems of work must be suited and sufficient systems that will command the jeopardies involved with those work activities. The safe system here would look to hold been in maintaining with this yet the actions of the driver shows that more information, direction and preparation must be enforced as portion of this to guarantee that all employees are cognizant of the dangers when the system is non utilized. To follow with Section 2 ( 2 ) ( hundred ) of HSAWA the employer shall guarantee that all employees are provided with ‘information, direction, preparation and supervising as is necessary to guarantee, so far as is moderately operable, the wellness and safety at work of his employees ‘ ( HSAWA ) .
The importance of users being competent permeates throughout Health and Safety statute law by the statutory demand for proviso of preparation. It is possible to see this from the HSAWA itself as mentioned above and besides every ordinance that is linked with it, for illustration the Management of Health and Safety at Work Regulations 1999 province that ‘Every employer shall guarantee that his employees are provided with equal wellness and safety preparation ‘ ( MHSAW Regulations 1999, Regulation 13 ( 2 ) ) . To guarantee competency the individual must be trained and refresher preparation provided at frequent intervals with records kept reflecting this. Competence here would hold involved the driver knowing that it is insecure to drive the vehicle when there is limited visibleness and besides being cognizant of the controls, such as the one-way system, that have been put in topographic point to keep the wellness and safety of others. Further to this Dudley MBC should hold taken stairss to command insecure operation of the wheeled shovel stevedore by either adjustment controls to the vehicle which would hold stopped the ability to maneuver it whilst the pail was in a place that could blockade the drivers view or if the machine is required to be operated whilst vision is limited the employer should seek to derive conformity with Regulation 28 of the Provision and usage of work equipment Regulations 1998 which province ‘where the drivers direct field of vision is unequal to guarantee safety, there are equal devices for bettering his vision so far as is moderately operable ‘ ( PUWER 1998, ordinance 28 ) .
Dudley MBC had tried to implement a safe system of work, this would hold been implemented following a hazard appraisal of the site nevertheless the steps taken to command the hazards faced by employees due to workplace conveyance at the Lister Road Depot could be seen to be deficient. The Chartered Institute of Environmental Health advise that ‘wherever possible walkers and vehicles should be separated to forestall hits and hurts. Where separation is impossible extra safeguards, such as marks, barriers and one-way systems, better safety ‘ ( CIEH, First Principles, 1998 ) , this counsel is besides provided by the HSE who province that employers should ‘provide separate paths or pavings for walkers, to maintain them off from vehicles ‘ ( hse.gov.uk ) . There are a overplus of legal responsibilities that can use to vehicles and conveyance in the workplace but in making the safe system of work employers are expected to take every moderately operable measure towards guaranting the safety of all employees in the workplace. As the jurisprudence defines moderately operable as the balance between hazard and cost Dudley MBC must hold found that the cost to supply barriers or dividers between prosaic and vehicle waies as infeasible and excessively expensive. Therefore the controls in topographic point were deemed to be pull offing the hazard to an appropriate degree although on this juncture they failed.
The Corporate Manslaughter and Corporate Homicide Act 2007 ( CMCHA ) came into consequence in April 2008 so was n’t in force when this instance was being heard. CMCHA sees prosecution if the suspect has failed on many different factors to follow with wellness and safety demands nevertheless as discussed above due to Dudley MBC taking all the stairss that were so far as is moderately operable for them this Act would non be applicable.
The HSE publication Successful Health and Safety Management provides counsel for employers on how to make safe systems of work nevertheless following this it shows how after execution there must be an constituted system to guarantee that the steps in topographic point are effectual and are go oning to better the wellness and safety of the employees. Within this counsel it establishes the demand to mensurate public presentation by utilizing active self-monitoring, ‘this looks at both hardware and package including single behavior and public presentation and besides to scrutinize and reexamine public presentation, to guarantee there is a ‘strong committedness to uninterrupted betterment affecting the changeless development of policies, systems and techniques of hazard control ‘ ( HSE, Successful Health and Safety Management ) . Under Section 2, ‘General Duties of Employers to his employees ‘ , of the Health and Safety at Work Act 1974 it states that an employer must ‘review the steps taken to guarantee the wellness and safety at work of his employees and such other maps as may be prescribed ‘ therefore it was Dudley MBC ‘s legal duty to guarantee that the system that was in topographic point was being used by the employees and besides that it was efficient in commanding the hazards that were involved with the activities being carried out at the site, failure of this shows that they have besides breached Section 2 ( 2 ) ( 7 ) of the HSAWA.
The Incident that occurred at the Lister Road Depot demonstrates the dangers faced by employees when wellness and safety is disregarded when utilizing conveyance. Mr Pagett ‘s decease was wholly evitable had the necessary wellness and safety safeguards been in topographic point and adhered to by Mr Lilley. This tragic accident shows that safe systems of work and positive attitudes toward wellness and safety must be communicated throughout the workplace.
Chartered Institute of Environmental Health, Health and Safety: First Principles ( Chadwick House Group: London ) 1998
COI News & A ; PR on behalf of HSE. HSE Calls for Careful Driving in Depots. Press release: 8th February 2010. Let go of No: WM333/09
Health and Safety at Work Act 1974
Health and Safety Executive, Successful Health and Safety Management ( HSE Books: Sudbury ) 2003
Health and Safety Executive. Workplace Transport Safety: Guidance for Employers ( HSE Books: Sudbury ) 2003
Health and Safety Executive web site: www.hse.gov.uk [ last accessed February 2010 ]
Management of Health and Safety Regulations 1999
Provision and usage of work equipment Regulations 1998