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March/April 2023 issue

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HGV driver guilty of causing death by careless driving after crane leg hit cyclist

Open-access content Tuesday 3rd July 2018
From the archive:  Just so you know, this article is more than 3 years old.

03.07.18_hgv_driver_convicted_latest_news

Stephen Moorman admitted causing the death of Ella Murray, 70, by careless driving. The 49-year-old was also ordered to carry out 120 hours of unpaid work.

Buildland, the builders' merchant that employed Moorman, and its managing director pleaded guilty at an earlier hearing to offences under the Health and Safety at Work Act.

Birmingham Crown Court was told that Moorman was using a flatbed Scania HGV lorry with a rear-mounted Hiab crane to deliver and unload building materials across Birmingham on 20 March 2014.

Moorman stowed the crane's supporting legs after completing a delivery but failed to ensure he had properly secured the nearside leg, which rolled out as he drove to the next location in Solihull.

Unaware of the protruding leg, Moorman overtook Murray on Peterbrook Road in Shirley, striking her and knocking her off her bike. He became aware of the detached leg only when it had hit a tree and brought him to a halt.

Murray died from her injuries at Queen Elizabeth Hospital four days later.

Police and inspectors from the Health and Safety Executive and the Vehicle and Operator Services Agency visited Buildland's site in Redditch, north-east Worcestershire. They found the company did not have any valid certificates of examinations for their vehicles, several of which had faults.

They said the HGV involved in the accident was not defective, however the crane was found to have several faults.

Its electronics were unreliable and the warning light and buzzer fitted to alert the driver if the supporting legs were not properly secured were not working on the day of the accident, according to local news reports.

Buildland and its director, 53-year-old Rugbir Jutla, pleaded guilty to failing to protect those not in their employment and for failing to carry out risk assessments.

On 13 March 2018 the company was fined £300,000 and Jutla was jailed for 21 months. Both were ordered to pay £25,687 costs. According to a document filed at Companies House yesterday (2 July), Jutla has been removed as Buildland's director.

Neil Fielding, specialist prosecutor with the West Midlands Crown Prosecution Service complex casework unit, said: "Rugbir Jutla and his company owed a duty of care to their employees and members of the public. They failed to meet this requirement and allowed vehicles, which had not been examined for their safety, on to a public highway.

"Stephen Moorman was the driver of one of these vehicles. He failed to follow the right procedure when stowing the crane away."

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 GB workplace fatality rate continues to plateau, says HSE

Thursday 5th July 2018
This corresponds to a rate of 0.45 deaths per 100,000 workers and reflects the average five-year (2013-14 to 2017-18) rate of 0.45 per 100,000 workers, or 141 deaths. Statisticians focus on the rate of accidents rather than the absolute total because it is not distorted by variations in numbers employed in the economy year to year.
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 £740k penalty for timber yard with unsafe workplace traffic routes

Wednesday 27th June 2018
The Palmer Timber employees were walking across the firm’s yard at Cradley Heath, in the West Midlands, on 23 February 2015 when a Combilift multi-directional forklift hit them as it turned a corner.The company pleaded guilty to breaching reg 4, by virtue of reg 17, of the Workplace (Health and Safety and Welfare) Regulations, which covers the organisation of traffic routes.
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 Failure to segregate pedestrians and forklifts lands Bakkavor subsidiary with £176k penalty

Tuesday 26th June 2018
The worker was unloading empty food trays when the accident happened on 22 March 2016. Falkirk Sheriff Court was told that a forklift driver hit a stack of empty trays, which toppled on to the worker. He hit his head as he fell over and died from his injuries two weeks later. The Health and Safety Executive (HSE) found Bakkavor Foods had failed to provide enough clearance between pedestrians and workplace vehicles.   The company pleaded guilty to breaching s 2(1) of the Health and Safety at Work Act and was fined £176,000.
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 Selfish drivers putting road workers at risk, Highways England warns

Thursday 7th June 2018
Between July 2017 and September 2017 almost 3,500 incidents were recorded, ranging from physical and verbal abuse of road workers to motorists driving into coned-off work areas. Of these, 150 were serious and resulted in four road workers and two drivers being hurt.Highways England, the government body responsible for operating and maintaining England’s roads, said it received nearly 300 reports a week from workers who had been subjected to abuse. Its traffic officers who patrol the roads are the most common targets.
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 PUWER offence sees civils firm fined after worker hit by badly maintained road roller

Wednesday 6th June 2018
Newlay Civil Engineering employee Thomas Shaw was injured in November 2015 when a colleague reversed the vehicle over his leg during road resurfacing work in Straiton, South Ayrshire. The Health and Safety Executive (HSE) found the road roller had no flashing beacon and the reversing alarm was not working. In December 2015 it served an improvement notice, which the company complied with the next month.
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 Hotel fined for legionella and asbestos failings

Tuesday 3rd July 2018
Bremwell, which operates the Rose and Crown Hotel had previously admitted five safety and health offences.Environmental health officers from Colchester Borough Council originally visited the Rose and Crown on 30 January 2017 after a guest received an electric shock from a damaged iron cable. During the investigation they found 43 other safety and health issues that needed attention.
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