This comes after the Fatal Accident Inquiry into the incident on 6 December 2014, which found that the driver of the Glasgow city council waste collection vehicle collapsed at the wheel causing the lorry to career off the road killing six pedestrians, had ‘misled’ doctors over his health.
Harry Clarke, 58, had a history of blackouts and had previously fallen unconscious behind the wheel of a bus in 2010. However, he had failed to report that to his employers before the crash last December, the Inquiry heard in August 2015.
John and Lorraine Sweeney, Erin McQuade, Stephenie Tait, Gillian Ewing, and Jacqueline Morton, all died on as a result of sustaining multiple injuries after being struck by the bin lorry driven by Mr Clarke, who suffered an episode of neurocardiogenic syncope, causing him to temporarily lose consciousness.
Outlining his findings from the Inquiry today (7 December) Sherriff John Beckett QC, said: “Mr Clarke deceived all three doctors in the hope that he would be able to return to work sooner rather than later so that he would not lose his job with First. None of the doctors who saw Mr Clarke advised him to notify DVLA of this event and he did not do so.”
Health
The Sheriff also found that Mr Clarke made inaccurate and untrue declarations in his online BUPA Health Declaration form, having successfully applied for a job as a minibus driver with Glasgow City Council (GCC) in December 2010, and that he lied on another BUPA Health Declaration form when he applied for promotion to the position of HGV driver in December 2011.
When he submitted an application for renewal of his group 2 licence in December 2011, Mr Clarke also “deliberately concealed relevant information from DVLA”, not least in relation to the incident of 7 April 2010, the Sheriff found.
He concluded that Mr Clarke “repeatedly lied in order to gain and retain jobs and licences”.
Recommendations
As a result of the incident, the Sherriff has outlined a series of 19 recommendations which, if followed, may reduce the likelihood of similar incidents occurring in future.
These include Glasgow council providing its refuse collection operators with basic training to familiarise them with the steering and braking mechanisms of the vehicles in which they work, and for local authorities and other organisations collecting waste, to ensure all vehicles have AEBS fitted to those vehicles wherever it is reasonably practicable to do so.
The sheriff also recommended that doctors should take steps to ensure that medical notes are made and kept in such a way as to maximise their ability to identify repeated episodes of loss of consciousness, loss of or altered awareness, in the case of patients who are or may become drivers.
He added that doctors advising an organisation employing a driver should provide all available information about the incident to the doctor and the doctor should insist on having it prior to giving advice to the organisation and the driver.
Mr Beckett added that Glasgow City Council, when employing a driver, should not allow employment to commence before references sought have been received.
He also pointed to guidance available from the DVLA on the effect of medical conditions on drivers: “Guidance, including a list of relevant conditions, can be found on the DVLA website. Drivers can contact DVLA if they are not sure what to do. They can consult their doctor if they are in doubt or if they are in need of advice’.”
Following the conclusion of the Inquiry, Mr Clarke resigned from his position at Glasgow city council ahead of an internal disciplinary hearing. Families of some of the victims have raised the possibility of pursuing civil proceedings against the driver after it was revealed that he would not be facing a criminal prosecution.
In a statement released following the findings, Glasgow city council said: “There is nothing we can say that will ease the pain and suffering of the bereaved, but our primary concern throughout has been for the families of those who lost their lives and those who were injured in this terrible accident, and that will always remain the case.
“Sheriff John Beckett QC has made a number of recommendations and we are now considering how to implement them.”
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