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ENVIRONMENTAL Health Officers at North West Leicestershire District Council have secured a successful prosecution against TDG (UK) Ltd under Health and Safety legislation after a man was crushed to death at the company's Bardon site.
Peter Atkins, aged 64, died on 8th March 2005 as a result of being crushed between two lorries that had been parked back to back on the trailer park at TDG (UK) Ltd in Bardon.
The investigation into the cause of the death was carried out by North West Leicestershire District Council's Environmental Health Team.
Lee Mansfield, Commercial Services Manager at North West Leicestershire District Council, explained: "On 8th March 2005 Mr Atkins was in the process of carrying out the required checks on his vehicle before driving it off. A second driver, Augustinas Vaiciulis from Lithuania, was also carrying out checks to his vehicle.
"Unfortunately, the two trailers were parked back to back with no barrier between them. Immediately after Mr Vaiciulis had connected the tractor hoses to his trailer, the vehicle rolled and collided with Mr Atkins' vehicle, crushing him to death.
"Our investigation, which included taking witness statements and viewing CCTV footage, found that TDG (UK) Ltd had failed to carry out a risk assessment in relation to tractor and trailer coupling and uncoupling, which was in breach of Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999.
"We also found that the company had breached Section 2(1) Health and Safety at Work etc Act 1974 which states that it is the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.
"I would urge all officers to be aware of the guidance on parking large goods vehicles safely, as accidents will continue to happen unless firms take note of some of the simple precautions recommended by the Health & Safety Executive. We found two leaflets, 'Parking Large Goods Vehicles Safely (INDG312) and 'Workplace Transport Safety' (INDG199) particularly useful in this case."
The first hearing was held at Coalville Magistrates' on Friday 8th February 2008, at which TDG (UK) Ltd pleaded guilty to the Section 2 and Regulation 3 charges. Mr Vaiciulis did attend but did not enter a plea as it was his first opportunity to meet with his Counsel for advice.
The Council successfully moved the hearing from the Magistrates' Court to Leicester Crown Court, where the second hearing was held on Friday 28th March. The full day was used for the presentation of arguments for sentencing.
TDG (UK) Ltd was fined £250,000 for the Section 2 offence and £75,000 for the Regulation offence. Costs of £25,000 were awarded to North West Leicestershire District Council.
Mr Vaiciulis, who failed to apply the handbrake of his truck when coupling up to the trailer unit, was fined £1,000 under Section 7 of the Health and Safety at Work etc. Act 1974 and costs of £2,000 were awarded to North West Leicestershire District Council.
Councillor Nicholas Rushton, Portfolio Holder for the Environment at North West Leicestershire District Council, added: "We are committed to ensuring the safety of employees across the district and will not hesitate to take action when businesses are found that they may be putting their staff at risk.
"I would like to thank members of the Environmental Health Team and Legal Services Team who have worked jointly to gain this prosecution."
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