The comments came during the latest hearing of the Fatal Accident Inquiry at Glasgow Sheriff Court into the deaths of six people on December 22. The six were killed when a bin lorry hit them on Glasgow’s Queen Street, close to a busy shopping area. The hearing began on July 22.
Barry Baker, 50, an inspector with the Health and Safety Executive (HSE), was giving evidence for a second day at the hearing. Today (August 18), he refuted claims that the decision to categorise the collision as a road traffic accident was “hasty and ill advised”.
The inquiry heard that HSE did not investigate the matter as it was decided on December 23 that it was a matter for the police although the medical report for driver Harry Clarke was obtained in January this year.
Jack Sweeney, 68, his wife Lorraine, 69, and their 18-year-old granddaughter, Erin McQuade, all from Dumbarton, were among those who died. Gillian Ewing, 52, from Edinburgh, Jacqueline Morton, 51,and 29-year-old Stephenie Tait from Glasgow also lost their lives.
The cause of death for all six was “multiple injuries due to a road traffic collision” which was read to the court as part of a joint minute.
Health
It was put to Mr Baker that if the driver had had a “series of epileptic seizures or a heart attack that were identifiable by his medical records that it might give rise to a breach of health and safety at work.”
Mr Baker said that “it might”.
Mark Stewart QC put to the witness: “What the people listening to this inquiry and his lordship might have difficulty in understanding is if this man’s medical records were not obtained until January 7 or thereby.
“Then it would seem impossible for that matter to be ruled out on any definitive basis.”
Mr Baker replied: “No, I think it was deemed to be a road traffic accident.”
Mr Stewart asked: “This incident was written off within 30 hours by a group who convened without the benefit of what could have been significant information in relation to this particular driver or this particular incident that could have had a bearing on the issue of a contravention of Health and Safety at Work Act.”
The witness replied: “I would disagree.”
It was suggested by the QC for the family of Jack and Lorraine Sweeney and Erin McQuade that categorising as a road traffic accident could seem “hasty and ill advised”.
Mr Baker replied: “I disagree that it was hasty. It was clearly a road traffic accident. It was investigated by the correct regulators.”
In a report written at the behest of the Crown Office, Mr Baker wrote: “It appears Glasgow City Council complied with relevant HSE guidance.
“Glasgow City Council carried out the risk assessment and route assessment and training as evidenced.”
Assessment
The report also says the council had taken “a sensible and informed approach” to risk assessment.
Mr Stewart asked the witness: “Would you expect Glasgow City Council after the events of December 22 to have carried out a reassessment of their risk analysis of their collections of commercial refuse in the city centre?”
Mr Baker said that he “would have expected” the council to have done that and confirmed he had seen no evidence of any assessment.
The inquiry before Sheriff John Beckett QC continues.
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