London Borough Council fined after HSE investigation

Southwark Crown Court heard how, on 9 May 2016, an employee of London Borough of Croydon, working within the motor vehicle repair undertaking of Veolia as a workshop cleaner, was struck by a reversing 17 and a half tonne dust cart.

The worker suffered multiple fractures to his right fibula, femur, knee, ankle, wrist and hand. He also suffered an injury to his right hand requiring a skin graft. An investigation by the Health and Safety Executive (HSE) found the workshop cleaner was employed as a ‘supported employee’ due to his learning difficulties with a recognised need for heightened supervision.

Due to his work, he was often required to work in parts of the site, such as the workshop, where large vehicles with low rear visibility for drivers were manoeuvring. He was known to have a history of standing in the path of moving vehicles, an issue known to both duty holders which they failed to address adequately. The court heard that direct management or supervision of the individual had diminished over time and the worker was left with no active management. It was found that London Borough of Croydon failed due to their presumption that Veolia were managing the injured party and that they should have communicated with Veolia to keep their employee safe.

Veolia ES (UK) Limited did not recognise this ‘agreement’ nor did they require the services of the workshop cleaner but, nevertheless, the worker continued to operate within their workshop and had done since their contract began.

London Borough of Croydon has guilty to breaching section 2(1) of the Health and Safety at Work Act 1974 and was fined £100,000 and ordered to pay costs of £10,842.83. Veolia has pleaded guilty to breaching section 3(1) of the Health and Safety at Work Act 1974 and has been fined £250,000 and ordered to pay costs of £11,359.83

Speaking after the hearing, HSE inspector Megan Carr said: “This serious workplace transport incident could have been avoided if both duty holders had taken the appropriate safety precautions when planning this activity. Failing to identify the risks led to this man suffering serious life changing injuries.”