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Two international firms fined after worker is crushed to death

Date: 8 July 2010

Two international companies Exel Europe and Imperial Tobacco have been fined a total of £160,000 following the death of driver who was crushed by a moving lorry in 2007.

The companies pleaded guilty to breaching sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974.

Exel Europe’s heavy goods driver Gary Brooks was to collect a loaded trailer from a site run by Imperial Tobacco. Whilst trying to attach the trailer to his cab the lorry rolled forward trapping Mr Brooks between the front of the vehicle and a wall.

During the HSE investigation it was discovered that drivers working for both Exel and Imperial did not routinely apply the trailer brakes to make sure the vehicles were safely parked. Some drivers had not been properly trained or assessed and no checks had been carried out to monitor the use of trailer brakes in the yard.

It was found that both companies had identified the risk to workers but had failed to implement appropriate control measures. Their method of working ignored published safety guidance which meant drivers, other employees, visitors and third party contractors were all at risk.

HSE Inspector Frances Bailey said: “the tragic death of Gary Brooks could have been avoided had the companies involved ensured that all drivers routinely followed a safe system of work”.

"In 2008/09 12 workers in the haulage industry died at work and a further 1,500 seriously injured. All haulage companies should know that it is their responsibility to check on safety practices and make sure drivers are following the right procedures."