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F&R Cawley fined £1.5 million over 2014 fatality

Luton-based F&R Cawley has been fined £1.5 million and ordered to pay costs of £475,000 after one of its drivers, 54-year-old Peter Coleman, died after becoming trapped underneath a refuse collection vehicle (RCV) in 2014.

In a sentence hearing at Luton Crown Court this morning (11 March), Judge Mark Bishop said F&R Cawley had failed to carry out proper maintenance of the vehicle and should have known a safety mechanism had been deactivated.

He added that the company didn’t properly scrutinise the work of its technicians which had carried out safety checks on the vehicle.

Peter Coleman, 54, had been collecting waste at the Woodside Leisure Park in Watford (picture: Gail D’Almaine)

The jury had previously found that the death of Mr Coleman, who was working alone, was caused by an accident in the course of his work which had been “contributed to by the faults in his vehicle” (see letsrecycle.com story).

In a statement to letsrecycle.com (in full below), F&R Cawley said it “offers its deepest condolences and apologies to Peter Coleman’s family and friends”, adding that it “fully respects the decision of the jury and today’s sentencing”.

Sentencing

In the hearing today, Judge Bishop began by going over the evidence which has previously been heard.

He said Mr Coleman had stepped out of his vehicle to collect refuse in a car park in Watford, and the evidence is that the handbrake was on at the time.

He said the vehicle then began rolling down hill while Mr Coleman was collecting the waste, and in trying to prevent this happening, he became caught under the rear end of the vehicle. The vehicle then crashed into a tree and caught fire.

Judge Mark Bishop handed down the sentence in a hearing at Luton Crown Court this morning

The court heard how Mr Coleman was trapped under the vehicle for around 90 minutes.

Emergency services arrived at the scene and Mr Coleman was freed, but later died in hospital.

Sentencing

In handing down his sentence, Justice Bishop said F&R Cawley should have realised a safety mechanism preventing bin lifting operations to occur while the gearbox is ‘in drive’ had been deactivated.

He added that he was “disturbed” by submissions from the defendant that Mr Coleman’s actions should play a part in the ruling.

Justice Bishop added that while he wouldn’t necessarily expect training of runaway vehicles, “with absent training Cawleys cannot deflect responsibility by referring to split second decisions by employees”.

He added that the operator should have had mechanisms in place to ensure vehicles are unable to roll away while bin lifting operations are in place.

Improvements

Upon handing down the £1.5 million fine, Judge Bishop said it had been reduced as there has been notable improvements in health and safety since the incident.

It is “for the waste industry to decide” if training should be provided to workers on runaway vehicles

Judge Bishop

However, he noted two previous incidents where the company was fined £100,000 in 2015 when an employee’s arm was caught in a conveyor belt,  and in 2009 when a metal door from a skip fell on to a driver’s head.

He said the fine is in line with the company’s results as despite suffering a loss during the pandemic, it will “no doubt return to the profits it enjoyed previously”.

The fine will be paid over five years.

Justice Bishop added that it is “for the waste industry to decide” if training should be provided to workers on runaway vehicles, and “not a matter for the courts”.

‘Tragic’

In a statement, F&R Cawley’s said:  “This was a tragic event and the company offers its deepest condolences and apologies to Peter Coleman’s family and friends. Cawleys fully respects the decision of the jury and today’s sentencing.  We take our responsibilities for our employees, their families and the local community very seriously.

“Cawleys fully respects the decision of the jury and today’s sentencing”

F&R Cawley 

“In the six years since there have been no other incidents where the HSE or any other regulatory body has taken any enforcement action. Health and Safety is at the core of our operations and will always be our primary concern with the safety of our employees, customers and the general public at the heart.  Since 2014 we have further developed our systems and processes to exceed industry standards with our aim to be operating at ‘best practice’ rather than simply meeting required regulatory levels.

“The company has continued to be accredited to OHSAS 18001 by the British Standards Institute.  Furthermore, as an example of our ‘best practice’ ethos, Cawleys were granted Founder Member status and were the first recycling and waste collection company in the UK to join the high profile Driver Vehicle Standards Agency (DVSA) Earned Recognition Scheme which was launched in 2018.”

 

 

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