Faulty machinery under scrutiny after delivery driver crushed to death
Faulty machinery and inadequate lighting were among the criticisms made by a jury at the inquest into a delivery driver who was crushed to death at a shopping centre in the Black Country.
Gary Pickering died when his head became trapped between the back of his lorry and its tail lift.
His inquest concluded with the jury returning a narrative conclusion.
His family said they hoped lessons had been learnt following the week-long inquiry at Smethwick Council House.
Mr Pickering, of Swinton, Manchester, was 34 when he died in September 2013.
He was attempting to lower his lorry's tail lift to unload goods at Home Bargains in Dudley's Churchill Precinct. It is believed he may have mistakenly pressed the up button while trying to manoeuvre the lift, making it jolt back.
Mr Pickering had been described by his family as a devoted father to Casey, who was four at the time of his death, and husband to Sharon.
A statement released on behalf of his family, said: "Sharon and her family have been left devastated by Gary's death, but Sharon is grateful that the coroner has thoroughly investigated the incident.
"She sincerely hopes that lessons have been learnt and that steps can be taken to ensure that a similar accident is never able to happen again."
During the inquest Health and Safety Executive investigator Dr Dominic Swan told the jury the tail lift was in a poor state of repair and that Mr Pickering should never have been able to put his head between it and the lorry.
He added examination of the machinery, only installed months earlier, revealed a vital anti-lock bolt was missing and that the tail lift could only slam shut if it was not there.
But Mark Balysz, representing Mr Pickering's employer TJ Morris, said it was his position while operating the machinery - leaning down rather than standing to the side of the lorry - which was important.
Concerns were also raised about the loading platform and lighting in the delivery area.
TJ Morris driver Steven Owen said: "The lighting is a bit hit and miss. On occasions it has been pitch dark. If you are there late at night the lights are off."
Bosses at the firm said they were never informed by the tail lift's manufacturers there was a risk.
The jury also heard the health and safety manager at TJ Morris did not inspect the new tail lifts when they were installed months before Mr Pickering's death because they were believed to be like-for-like replacements.
The narrative conclusion states: "There was inadequate lighting in the loading bay and the basement area at the time of the incident. There is no evidence to support that actions were taken to address reports made to this effect.
"Insufficient training had been provided specifically on the tail lift and the Romad device.
"The tail lift was defective. The pertinent risk assessments were inadequate, specifically those relating to night time deliveries at the Churchill Precinct in Dudley and those relating to the tail lift."
The medical cause of death had been given as asphyxia due to neck comprehension due to a vehicular accident.
Following the inquest Joe Morris, operations director at TJ Morris, said: "This was a tragic incident and our thoughts have remained with Mr Pickering's family during this difficult time.
"The health and safety of our employees is of paramount importance to us and the inquest's findings will be carefully examined to ensure that current policies and regulations comply to the highest standards."
