£250k fine for haulage firm over death

A haulage firm has been fined £250,000 for health and safety breaches following the death of one of its drivers who was crushed between two lorries at a truck stop near Wolverhampton.

Pentons' driver Jonathan Tiernan was crushed during an "utterly dangerous" but cost-saving operation to move a load of dairy goods from one lorry to another.

Mr Tiernan suffered serious injuries in the accident, at the former Night Owl stop at the Cannock Road premises in Featherstone, and died seven months later in June 2006 at the Royal Shrewsbury Hospital.

Pentons Haulage and Cold Storage of Maesbury Road Industrial Estate, Oswestry, was sentenced yesterday at Stafford Crown Court after it admitted two health and safety breaches.

Mr Barry Berlin, prosecuting on behalf of South Staffordshire Council, told the court that Mr Tiernan's death could have been avoided and that Pentons had systematically failed to provide and maintain a safe working environment for its employees

He also said the Oswestry-based firm had failed to provide its workforce with sufficient health and safety training.

He said Mr Tiernan was standing behind his parked lorry and waiting for another lorry to reverse close to his vehicle when he was crushed. The court heard Mr Tiernan was planning to use a palette to make a makeshift bridge to move the goods from one lorry to another.

Mr Berlin said some of the company's drivers had previously refused to carry out the practice because they felt it was dangerous. He said no risk assessment had been done into the practice and on the night of the accident it was conducted in poor light.

Mr Berlin added: "The company required its drivers to carry out this utterly dangerous activity on the grounds of convenience, expediency and cost saving."

The court also heard how the reverse light and warning alarm on the vehicle that crushed Mr Tiernan was not working at the time of the accident.

Mr Mark Laprell, defending, said the incident was not a general representation of the firm's attitude to health and safety.

Pentons admitted breaching its general duty of care by failing to ensure the health and safety of its employees.

It also admitted failing to use proper planning, organisation and control during transhipping operations.

The firm was fined £225,000 for the first offence and £25,000 for the second. It must also pay £20,000 legal costs.

Councillor Robert Marshall, (Deputy Leader) Community Services at South Staffordshire Council said: "Mr Tiernan's death was a needless tragedy that could have been so easily avoided had the haulage company put into place basic health and safety systems. Still too many workers die or are injured every year because of some companies failure to follow the rules and operate safely."