Council prosecuted after dumper truck overturned

Published: HSE, May 2010

A Borough Council has been fined for an incident that saw a driver injured after his dumper truck overturned.

A Council employee was driving the one tonne vehicle through woodland on 25 September 2008 when the truck began to slide.

It then toppled over - trapping the driver's left leg between the vehicle and a tree. He needed to be airlifted to hospital for an operation on his broken leg.

A Health and Safety Executive (HSE) investigation showed the vehicle was not suitable for the gradient where it was being used. The council also failed to carry out a formal, written risk assessment of the work or the selection of plant being used.

The investigation also found there was no evidence that staff were adequately trained in the use of small items of plant equipment such as the dumper truck in this incident.

The Council pleaded guilty to a breach of Section 2(1) of the Health and Safety at Work etc Act 1974 at Magistrates' Court. They were fined £10,000 and ordered to pay costs of £5,623.60.

After the hearing HSE Inspector Ceri Beynon said: "Risks associated with improper use should never be underestimated and this incident could easily have been prevented.

"Employers have a duty of care to ensure that drivers are suitably trained, risks are properly assessed, and that adequate safety measures are in place.

"Those involved in the planning and execution of work involving the use of plant or equipment need to ensure they are fully aware of the safety limitations of use."

More information on risk management can be found on HSE's website at http://www.hse.gov.uk/risk/index.htm.

Notes to editors

• The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to prevent death, injury and ill health. It does so through research, information and advice, promoting training, new or revised regulations and codes of practice, and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
• Section 2(1) of the Health and Safety at Work ect Act 1974 states: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees."
• Further information on workplace transport can be found on HSE's website at http://www.hse.gov.uk/workplacetransport/index.htm

Back to news