Sole trader sentenced for tipper death failings
Magistrates impose maximum fine of £40,000 after long-serving employee is killed by tipper truck
A BERKSHIRE haulier has been fined £40,000 for safety failings after a long-serving employee was run over and killed by a tipper lorry at his Reading head office.
Sixty-seven-year-old Brian Gutteridge was crossing a road from the main office to a car park at J. Mould (Reading) on 9 November 2010 when he was struck by the vehicle. He died at the site as a result of his injuries.
Reading Magistrates Court heard that Mr Gutteridge, who had been employed by business proprietor John Mould for more than 20 years, was walking toward his car at the end of the working day. The tipper lorry that hit him had pulled over to the side of the road so the driver could talk to another worker, but it pulled back out just as Mr Gutteridge stepped in front of the vehicle to walk past.
Health and Safety Executive (HSE) investigations found that there were no designated crossing points on the road and nothing to segregate pedestrians and vehicles or indicate who had the right of way.
The HSE also established that J. Mould (Reading) had no formal workplace transport risk assessment, despite being advised by an independent health and safety consultant about pedestrian-vehicle interactions at another site in Reading.
John Mould pleaded guilty to single breaches of the Health and Safety at Work etc. Act 1974, the Management of Health and Safety at Work Regulations 1999 and the Workplace (Health, Safety and Welfare) Regulations 1992, in his capacity as a sole trader. He was fined a total of £40,000, the maximum fine magistrates can impose, with costs of £17,060.
After sentencing, HSE Inspector Daniel Hilbourne said: ‘John Mould has operated from the Burghfield Bridge site for more than 20 years, but had failed to properly manage workplace transport prior to Brian’s tragic death. This is a well-recognized area of risk in the industry, especially on a site where there are numerous vehicle movements.
‘There was a clear need for a formal traffic-management system, including a designated pedestrian crossing, pedestrian walkways, a speed restriction and a strict rule to wear hi-visibility clothing at all times.
‘Had vehicle-pedestrian interactions been better controlled and managed, then Brian would not have been killed. It demonstrates the need for proper risk assessments, to undertake regular reviews and to be wary of complacency.’