Family of driver hit by scrap metal seek compensation claim
An accident claim has been launched by the family of a truck driver who was killed by metal bale.
The object fell on him when he was unloading his truck at a scrap metal yard.
The delivery driver, from Wolverhampton, died when he was delivering scrap to the site in April 2008 and was told on his arrival to take his load to the metal shredder.
As he began to open the rear doors of the lorry, a one-and-a-half tonne metal bale rolled off a heap from other vehicle and onto the 50-year-old.
The owners of the Stratford-based scrap yard business were charged with professional negligence and manslaughter, but were found not guilty at trial.
It was later decided that workers at the site did not fully comprehend the health and safety guidelines the company should have enforced.
The investigation discovered that the victim was following instructions given to him by the company’s operatives and he had not received a site safety induction.
The company pleaded guilty to Health and Safety breaches at Cardiff Crown Court and they were ordered to pay over £200,000 in fines and £57,000 in legal costs by the Court. They were also obligated to pay £5000 in funeral costs to the driver’s widow.
HSE inspector Sarah Baldwin-Jones said: “Metal recycling yards can be extremely dangerous places so it’s imperative companies have safe working procedures and systems in place that are observed by all staff and contractors.
"This tragic incident arose because it was custom for the loading of scrap onto the stockpile even though delivery drivers were in the immediate vicinity of it.
"[The victim] was struck from behind by the metal bale - a crushed motor vehicle. Unfortunately, death or serious injury was an inevitable consequence.
"The size and nature of the stockpile, combined with the method used to feed it meant that it was highly likely that materials would fall," she stated.
Victim's family speak out
In a statement the driver’s family said: "While the financial penalty handed down to [the company] today offers little comfort to our family we hope that it serves a warning to those companies operating in the waste recycling industry.
"It should be an absolute priority to ensure death and injury to employees and others on site is avoided.
"We have been torn apart by [the victim’s] death and wish that no other family has to endure the loss of a loved one in the manner we did."
The company offered its condolences to the driver’s family and said it had issued a guilty plea in respect of a failure to "fully risk assess a very specific aspect of its scrap handling process which may have reduced the risk of such an incident occurring".
A spokesman for the firm said: "Sims takes health and safety extremely seriously. The company has made every effort to prevent such a tragedy from happening again and a full review of the scrap handling process has been undertaken.
"The company has cooperated fully with the Health and Safety Executive at all stages of their investigations," he added.
Since the accident, the firm has carried out a major overhaul of its health and safety procedures. It has introduced a video which all drivers and operatives must watch to guarantee that all workers are aware of safe working practices.
The company is still facing a work accident claim from the grieving family.
Updated on 22/04/2010