Off-site Health and Safety Regulations highlighted

Safety at work has once again been highlighted with the successful prosecution of a cardboard box manufacturer in Kent.  A delivery driver, employed by W.E. Roberts (Corrugated) Limited from Northfleet, suffered severe head injuries that have had a life-changing effect after a fall in 2009.

The incident occurred while the driver was delivering boxes to an address in East Sussex.  He was trying to pull a pallet of cardboard boxes across his trailer from the driver’s side to the curb side. The pallet strapping snapped and he fell nearly 3 metres backwards and 1.5 metres down onto the pavement. 

The company was fined £20,000 and ordered to pay costs of £12,190.  This is a further reminder to businesses that safety at work regulations extend to locations off-site and should form part of a business’ safety procedures.

The HSE Inspector, Michelle Taylor, observed:

"The company failed to adequately consider the risks that delivery drivers face when they are not on-site. This led to this severe and entirely preventable incident which has had such a long-lasting and devastating effect on this worker.”

Employers have a duty of care to their staff whether on building sites, in factories or simply ensuring their company vehicles are roadworthy and the relevant safety checks and manufacturer guidelines for maintenance have been adhered to. Under new rules, in the event of a workplace death, the company can be exposed to a charge of corporate manslaughter. This can result in an unlimited fine or in some cases a fine equivalent to a percentage of the company’s annual turnover.

Many employers’ liability and public and products liability insurance policies provide cover for legal costs in respect of a prosecution under both the Corporate Manslaughter & Homicide Act and the Health & Safety at Work Act. Speak to an insurance professional to understand the level of insurance cover you have or can obtain.

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence v1.0

Last reviewed 25/10/2011

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