Bus company and its director prosecuted after man is crushed to death at work

Published: HSE, June 2009

The Health and Safety Executive is warning bus companies to ensure that workers have clear safety instructions when working in bus depots after a man was crushed to death between two buses in September 2006.

The call comes after the prosecution of the deceased man’s employer and the company’s Managing Director at Brighton Crown Court. The trial started on 8 June 2009.

The company was fined £100,000 and costs of £135,000 after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 on 22 June. 

The Managing Director, was also found guilty and fined £5,000 and costs of £5,000 after being found guilty of breaching Section 2(1) of the Health and Safety at Work etc Act 1974, by virtue of section 37(1).

The prosecution followed an incident in September 2006 at the Bus Depot. The employee was returning to the depot after an early shift.  He parked his bus behind another single decker bus number 128 that would shortly leave for its shift.  In front of this was a third bus that was believed to be non operational forcing the driver of 128 to reverse the bus, at the same time as the employee walked behind the bus towards the depot office. Tragically, he was crushed between the buses and later died.

The company had failed to control the safe movement of buses in the yard, allowing drivers to ignore the systems put in place to avoid such incidents.

HSE Principal Inspector Russell Adfield said: "This tragic death of resulted not so much from a failure to follow rules, but rather a lack of rules to follow.  The policies and procedures of the deceased’s employer  were confused and inconsistent.  There was no clear reversing policy; walkways were often obstructed, speed limits undefined and instructions to staff were in consistent.  This environment gave rise to bad practice and danger – a situation overseen by the Managing Director. Had the recommendations of previous advisers and consultants been properly understood, implemented and enforced - then this tragic incident may never have occurred.

"Employers must ensure that risk assessment and safety instructions take account of both the requirements of the law and current guidance. To ensure staff are properly protected at work - employers must ensure that their procedures are effective, understood, monitored and enforced. 

"HSE publishes a range of free guidance material to help employers comply with the law and ensure they have an effective safety system in place. Where employers fail to meet those requirements and expose their staff to danger - HSE will take enforcement action."

Notes to editors

Section 2(1) of the Health and Safety at Work etc Act 1974 states that an employer should ensure, so far as was reasonably practicable, the health, safety and welfare at work of all their employees.

Back to news