British Millerain Company Ltd failed to install a safe system of work to manage HGVs reversing into its warehouse and also failed to assess the risks involved in undertaking this work as well as providing training to staff, a court has been told.
Daniel Ames, one of the firm’s directors, died in hospital from his crush injuries after being trapped between a reversing heavy goods vehicle (HGV) and some steel storage racks in the manufacturer’s Rochdale warehouse.
The incident
On the afternoon of 22 June 2023, Daniel had offered to remain behind at the firm’s warehouse at Unit 1 Park Mill to wait for an HGV that was on its way back to the site.
After the vehicle arrived around 5.30pm, Daniel spoke to the driver and confirmed he would act as banksman to help the driver reverse the vehicle into the warehouse.
However, as the driver was manoeuvring the vehicle backwards, he lost sight of Daniel and got out to check he was all right. He found the director trapped between the HGV and some steel storage racks inside the warehouse. Despite calling the paramedics to the site, Daniel later died in hospital from his injuries.
HSE investigation
After arriving at the site, the Health and Safety Executive (HSE) identified a number of failures that had put the firm’s employees at risk and contributed to the fatality.
To start with, British Millerain Company Ltd had been allowing HGVs to be reversed into the warehouse for some time without having a safe system of work in place to manage this manoeuvre.
When employees were interviewed, they confirmed they had been undertaking this hazardous task for a number of years but without being trained to do it safely. One employee told the HSE that he had, on occasion, reversed HGVs into the warehouse with someone else acting as banksman, even though neither individual had been trained to undertake this task.
The HSE investigation also found that British Millerain Company Ltd had failed to risk assess this hazardous work and served the firm with an improvement notice.
Since Daniel’s death, the firm has carried out a risk assessment and subsequently implemented a safe system of work. This system prevents employees from reversing HGVs using a banksman.
Prosecution
The British Millerain Company Ltd, of Unit 1 Park Mill, Buckley Road, Rochdale, pleaded guilty to breaching s 33(1)(a) of the Health and Safety at Work etc Act 1974.
On 10 July, the textile firm was handed a £220,000 fine at Manchester Magistrates Court and ordered to pay £5,634 in costs.
Daniel’s family said the prosecution’s outcome had left them with ‘mixed emotions’.
‘We are glad the company have admitted being responsible for his death and been handed a fine,’ they said in a statement.
‘But we remain devastated that we no longer have Daniel in our lives… He got on well with all his colleagues at work and had a great career. He was a respected professional who loved his job and was well known in the industry and was excited for his future. But that was all taken away from us in an instant.’
HSE inspector Jane Carroll, added: ‘Daniel was clearly popular and respected, but his leadership and dedication to his colleagues was not properly protected by the defendant.’
Industrial accident specialist partner Jon Andrews of Express Solicitors, whose firm are now representing the family in a civil negligence compensation claim against his former company following the HSE prosecution, said the accident was ‘entirely preventable’.
‘This was a senseless and tragic accident that should never have happened and was entirely preventable,’ he said.
‘Workplaces need to make sure they look after their employees and protect them from harm at all times.
‘We are now taking action against his former company on behalf of the family as Daniel was the main breadwinner and we will be helping to secure their financial future.’
Complisafe can help with your Traffic Management Risk Assessment and Plan to help prevent this type of incident at your workplace, if you would like to talk about your business and concerns please get in touch.
