A road haulage company in Nuneaton has been fined £90,000 after a metal heat exchanger fell from its lorry killing a cyclist.
A Heavy Goods Vehicle (HGV), operated by JW Morley Transport Ltd, was driving down College Street, Nuneaton, on 18 June 2021 carrying four heat exchangers weighing over 10,000kg, when as it went round a bend, the load shifted in the vehicle causing one of the straps securing the load to snap.
This resulted in one of the heat exchangers falling from the lorry, killing 70 year old Christopher Baker, who was cycling alongside the vehicle.
The Health and Safety Executive (HSE) investigation revealed that the heat exchangers were inadequately secured on the vehicle, which made the load prone to toppling, and the ratchet straps used to secure the load were in poor condition.
Nina Day, Senior Policy Advisor in the Transport & Public Services Unit of HSE said: “The lorry should not have entered the public road network. At the point it did there was an immediate and likely risk of harm to other road users, pedestrians, and the driver himself. The fatal load shift was due to the grossly inadequate manner of loading and securing the load and was both foreseeable and entirely preventable.
“If the heat exchangers had each been placed inside a metal or wooden transport frame and secured with a minimum of three webbing straps each, with friction matting between the transport frame and the load bed, the load would not have shifted under normal driving conditions.”
The investigation also found that although the driver was trained in driving Heavy Goods category C he had not received training in load security, which would have equipped him with the means to devise a suitable securing scheme for an unusual and high-risk load like the heat exchangers, nor had he been provided with a securing scheme by JW Morley Transport Ltd.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.