Waste management firm Team Waste (Southern) Ltd has been fined 250,000 after it was found guilty of breaching health and safety laws which led to the death of a member of the public in March 2007.
In a case brought by the Health and Safety Executive (HSE), Lewes Crown Court heard that the Sussex-based company had failed to ensure that control measures identified in its own risk assessment were put into practice.
The case related to an incident on March 5 2007, in which Anne Smith, 61, from Brighton, was hit by a refuse vehicle as it reversed up Cranbourne Street in Brighton city centre at 6.20am (see letsrecycle.com story).
The court heard how the Team Waste (Southern) Ltd driver did not realise he had struck Mrs Smith until her body lay about three metres in front of the vehicle. Mrs Smith was taken to the Royal Sussex County Hospital but died shortly afterwards.
The HSE investigation found that the driver reversed the refuse collection vehicle without a banksman – known as a reversing assistant – contrary to Team Wastes operating policy. The vehicle also had defective CCTV at the rear and the audible reversing siren was turned off. The driver believed such alarms were prohibited before 7.00am.
Sentence
Team Waste, which is registered to Burleigh Oaks Farm East Street, Turners Hill, Crawley, was found guilty of breaching section 3(1) of the Health and Safety etc. at Work Act 1974. The company was fined a total of 250,000 and ordered to pay costs of 50,000.
Section 3(1) of the Act states that it is a duty of every employer to ensure, so far as is reasonably practicable, that persons who are not in his employment who may be affected thereby are not exposed to risks to their health and safety.
Speaking after the case, HSE inspector Sharon Humphrey said: Team Waste (Southern) Ltd failed to ensure the safe collection of rubbish. As a result of its failure an innocent woman has died unnecessarily. This has had devastating consequences for her family.
Waste collection on public streets can be a high-risk activity if not properly planned. The law requires employers to assess the risks to its employees and members of the public.
Further to this, Ms Humphreys said that the incident could have been prevented by the use of simple, low cost and readily available precautions being put in place. She added that necessary, detailed guidelines are freely available from the HSE.
Ms Humphreys added: The HSE takes failure to comply with these provisions seriously and will not hesitate to take action.
Team Waste declined to comment.
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