Tesco’s £1.6m penalty for failing to manage customer/vehicle mix
Monday 14th May 2018
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Ealing Council's investigation found that drivers often reversed unassisted at the supermarket's Greenford Road Metro store and staff had failed to notice even though it went against its internal procedures.
Isleworth Crown Court heard on 4 May that the driver was reversing unassisted when the vehicle ran into the pedestrian in August 2014. The manoeuvre trapped the self-employed tradesman between the loading bay and the vehicle. The tradesman sustained serious and life-changing injuries due to the impact.
The council's health and safety team found that Tesco had failed to manage the risks of vehicles and pedestrians both using the car park, which is always open to the public.
Tesco pleaded guilty to breaching two offences. The judge fined the supermarket £800,000 for each offence and ordered it to pay £50,000 in costs.
Since the investigation, Tesco has made improvements to the car park layout, which includes installing barriers to prevent access to the area by private vehicles and pedestrians when delivery vehicles are manoeuvring.
Barnsley Metropolitan Borough Council (BMBC), which brought the prosecution, found Tyke Leisure (trading as Tyke Racing) ignored its own risk assessments that it had carried out the previous year after another six year old was seriously hurt. A court was told that in October 2016 the child was attending a “Cadet Drivers Club” training session at Tyke Racing. He crashed into a barrier on a hairpin bend towards the end of the 500 m circuit, hitting his head on the steering wheel and fracturing his wrist.
Viridor worker Lee Jane was removing skips of ash from Derriford Hospital’s incinerator in Plymouth on 8 June 2015. He had parked the lorry on a sloping public road outside the incinerator building and was coupling the lorry to the skip trailer when he lost control of the combination. He was dragged under the wheels of the trailer and sustained fatal injuries as he tried to stop the vehicles. They continued rolling down the hill and collided with the hospital radio building.
Douglas Caddell sustained severe injuries as he was closing the gate at East Farleigh in Kent on 24 April 2015. Closed-circuit TV footage showed a vehicle striking the gate, causing it to bounce back and knock the 65-year-old to the ground. His injuries included a broken neck. Caddell’s colleagues told Maidstone Crown Court on 11 May that there were frequent incidences of cars swerving across the rail tracks as signallers tried to close the gates. On the day of the incident, Caddell, an experienced signaller, had reported a separate near-miss to the British Transport Police.
William and Shelby Thurston, who were overseeing several rides at Thurston’s Funfair at Harlow Town Park in Essex on 26 March 2016 when the incident happened, denied responsibility for the child’s death. But a jury at Chelmsford Crown Court convicted the pair on 9 May following a three-week trial.
Environmental health officers (EHOs) from Horsham District Council prosecuted the supermarket chain after a staff member at its Guildford Road, Horsham store in West Sussex had attempted to manoeuvre the faulty roll cage, which toppled over and fell on her legs causing multiple fractures. The trolley was carrying milk cartons and the weight of the load contributed to the severity of her injuries.