Viridor has been fined £237,500 after being found guilty of health and safety failings during a trial at Plymouth Crown Court.
The waste management company was the operator of an 18 tonne Telehoist skiploader vehicle that killed the driver who tried to stop it crashing into the side of a hospital.
Viridor worker Lee Jane, 57, died as he tried to stop the lorry and trailer rolling for about 60 metres along a public road before it crashed into the side of a building at Derriford Hospital in Plymouth, Devon.
The vehicle rolled down a slope into a building at Derriford Hospital
Mr Jane was dragged under the trailer wheels before the lorry crossed a road junction and two zebra crossings and crashed into the hospital radio studio in June 2015.
The company pleaded guilty to health and safety failings during a trial at Plymouth Crown Court with the company sentenced today (20 April).
Viridor was also ordered to pay prosecution costs of £128,429.
Slope
Viridor Waste Management Ltd had gone on trial accused of putting Mr Jane, staff and hospital visitors at risk by telling him to park on the slope in a no-parking area for an hour as he loaded and unloaded skips.
Mr Jane and colleagues regularly visited the incinerator to collect bottom ash, Plymouth Crown Court heard.
During the trial, Dr Dominic Swan said the company should have carried out a specific risk assessment for the collection of ash on the site.
The court heard that Viridor gave drivers general guidance for coupling and uncoupling trailers – part of the loading and unloading procedure. Dr Swan said that more safety measures should have been put in place given the danger that the vehicle could roll away.
The company had yesterday (19 April) admitted a health and safety failure in the run-up to his death.
Today Viridor pleaded guilty to failing to make adequate risk assessment for the operation Mr Jane was carrying out on the day of the tragedy in June 2015.
Mark Balysk, barrister for Viridor Waste Management, said he had been authorised by company managing director Phil Piddington to enter a guilty plea.
The company was cleared of two charges of failing to ensure the safety of employees and hospital staff.
‘Tragedy’
In a statement issued in the last few hours, Viridor said that the death was a “tragedy”, before admitting that the risk assessment could have been more focused.
The company said: “The death of our colleague Lee Jane on the 8th of June 2015 was a tragedy and our thoughts continue to be with his family and friends following their devastating loss.
“Today’s court outcome found Viridor not guilty of two major charges, but the company pleaded guilty to a charge relating to a site-specific risk assessment, which did not cause Lee’s tragic death.
“We recognise that, with the benefit of hindsight, the risk assessment associated with this case could have been more focused and we have taken action to address this.
“Health, safety and well-being is a priority and we will continue to take reasonable steps to safeguard our people as they go about their work.
HSE view
Speaking after the hearing, HSE Inspector Georgina Speake said: “This was a tragic death and Viridor Waste Management Ltd should have conducted a suitable and sufficient assessment of the risks posed by this operation. In particular, the company failed to properly assess the suitability of the location which drivers were using for the skip collection operation.
Ms Speake added: “Both HSE and industry guidance suggest that tasks like this should be carried out on firm and level ground. It is my view that there were level areas within the hospital grounds that the defendant should have identified and designated for the drivers to load the skips and couple the trailer. The fact that the location chosen was on an incline heightened the need for careful risk assessment, and this was not done.
“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
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Source: letsrecycle.com Waste Managment
