Legal News

The Health and Safety Executive (HSE) has prosecuted delivery firm DHL Services Limited (DHL) and JC Bamford Excavators Ltd (JCB), after a worker was seriously injured by a trolley carrying hydraulic rams.

The incident occurred on 16 October 2013, when an employee of DHL was auditing incoming deliveries of equipment in an outside yard at JCB World Headquarters, during which task he was struck from behind by falling machinery.

At the time of the incident, the machinery was being towed by an electric tug and weighed approximately 770kg.

The trolley toppled on its side, trapping the DHL employee between it and a stillage – he suffered multiple serious injuries, including fractures and internal injuries.

An investigation by the Health and Safety Executive into the incident found there were a number of safety failures related to the auditing activity and the segregation between employees and vehicles using the area, leading to an unsafe system of work.

In addition to the injured worker, the investigation also identified that employees of JC Bamford Excavators Ltd accessed this area as pedestrians when vehicles were operating.

At Stafford Crown Court, DHL Services Limited of Midsummer Boulevard, Central Milton Keynes pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. DHL was fined £266,000 and ordered to pay costs of £23,370.22.

J C Bamford Excavators Limited, of Lakeside Works, Rocester, Uttoxeter, Staffordshire, pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc Act 1974. JCB was fined £375,000 and ordered to pay costs of £37,235.42.

After sentencing, HSE Inspector David Brassington said:

“The dangers of failing to provide effective segregation between pedestrians and vehicles are well known – both of these companies were well versed in transport risk management and both fell well below the required standard in ensuring that such risks were effectively managed in this area.

“These failings allowed a pedestrian worker into a busy area where vehicles were coming and going – and as a result, the worker sustained serious injuries from which he has still not recovered.”

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