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Company fined almost £500k following lorry driver’s fatal fall from height

On 23 April 2018, Christopher Barnes, a lorry driver for haulage company Devereux Developments Ltd, was delivering doors to a site in Gloucestershire when he fell approximately 2.3 meters from the trailer of his vehicle while unstrapping the load.

Upon arrival at the site, Mr Barnes opened the curtain doors to his trailer and released the load-securing straps. However, some of the straps were tangled and Christopher’s attempts to free them from ground level were unsuccessful. In an effort to untangle them, he climbed onto the trailer’s cargo bed and then onto the load itself. Unfortunately, he stepped backwards off the load and fell 2.3 metres onto the concrete floor below.

Christopher was initially unconscious and transferred by ambulance to the regional specialist unit. CT investigations demonstrated that he had sustained significant head injuries. He underwent operative intervention but sadly his condition steadily deteriorated and he passed away as a result of his injuries the following day.

During the investigation by the Health & Safety Executive, evidence was gathered that included risk assessments, safe systems of work and training records, to help identify any failings in the company’s undertaking and any material breaches of health and safety law.

An Improvement Notice served against Devereux Developments Ltd in August 2018 identified the company had failed to make a suitable and sufficient assessment of the risks to employees, particularly when working at height on trailer beds during loading/unloading operations. Due to the lack of prohibitions and systems in relation to working on trailer beds or climbing on loads whilst unloading, employees were forced to devise their own systems to unload deliveries.

Devereux Development Ltd were fined £480,000 plus costs of £12,053.06 and a victim surcharge of £170 at Cheltenham Magistrates Court. The Teeside company had pleaded guilty to failing to ensure the health, safety and welfare at work of employees, including Mr Barnes.

An inquest jury found in May 2019 that Mr Barnes died from accidental death after suffering an intracranial haemorrhage in the fall from the load on his truck. However, evidence during the inquest revealed matters giving rise to concern. Whilst the haulage company and destination company involved in the incident had addressed all health and safety concerns surrounding this area of practice, the Coroner believed there was a future risk unless action was taken and consequently submitted a report designed to prevent similar deaths in future.

Health, Safety & Wellbeing Consultant Jo Howley comments:

“It is imperative that a robust risk assessment and safe system of work is in place for all loading and unloading operations. Ensure that it considers not just the standard practice but also what could feasibly go wrong such as tangled straps as was the case with this accident’. At EML we can work with you to manage health and safety in your business, including assisting with the development of your Risk Assessments, carrying out a Health & Safety Audit and creating a Health & Safety action plan”.

If you’re an employer and have any concerns in this regard, or have any other Health, Safety & Wellbeing issue you wish to discuss, please contact us on 01942 727200 or email enquiries@employeemanagement.co.uk and speak to one of our Health & Safety Consultants for an initial consultation without charge or obligation.

  • Lisa Bradley
  • March 9, 2023
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