Royal Mail to face prosecution over Heathrow death
February 23rd 2009 Following a two and a half year investigation the Health and Safety Executive have announced that they will be prosecuting Royal Mail over the death of a driver in the yard at the Heathrow Worldwide Distribution Centre in 2006.
On the evening of Tuesday 5 September 2006, 57 year old CWU (Communication Workers Union) Member and Royal Mail Network/Distribution Driver Colin Smith, who was employed on vehicle shunting duties in the yard at HWDC was crushed to death between a parked trailer and a tractor unit outside one of the dispatch docks in what can only be described as a terrifying and horrific accident.
HSE Investigators told an earlier inquest that Colin Smith was removing a "Suzie lock" [A locking device placed on the air lines on the parked trailer] at the time and the driver of reversing tractor unit couldn't see him.
The HSE have said that Royal Mail will face two charges - the first, a breach of the Health and Safety at Work Act Section 2 for failing to ensure the safety of employees and provide a safe place and a safe systems of work. The second charge is that they breached Section 3 of the Management of Health and Safety at Work Regulations in that they failed to undertake suitable and sufficient safety risk assessment.
The HSE will also be prosecuting the Driver of the vehicle involved in the accident, also a CWU member for a breach of Section 7 of the Health and Safety at Work Act in relation to an alleged failure to take reasonable care for the safety of himself and a work colleague.
Commenting on the news of the prosecution CWU National Health & Safety Officer Dave Joyce said: “This news ends a long wait and a lot of uncertainty for Colin's family and colleagues. Whilst I have always thought that a decision by the HSE to prosecute Royal Mail was one I expected in this case, this is a particularly tragic case of a fatal accident involving two workmates."
Dave added: “As prosecutions are pending it wouldn't be appropriate to comment further at this stage, we’ll now await the outcome of the trials and the Courts decision but it’s never a foregone conclusion.”
Dave concluded: “Since Colin's death the CWU has sought to improve yard safety standards and risk control measures in relation to workplace transport with greater involvement of Union Safety Representatives in the decision making process.” “The Union has been working with Royal Mail on a new Yard Risk Assessment Tool which hopefully will help significantly reduce and avoid these types of accidents".
The Court hearings will commence on a date yet to be fixed but it is expected to be in the near future with the case against Royal Mail being sent to the Crown court. It would appear that prosecutors decided against brining a charge of corporate manslaughter against Royal Mail.
Every year in the UK around 50 people are killed and 1300 injured by accidents involving vehicles in the workplace and a lot of damage is also done to property.
www.cwu.org
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