Motor vehicle repair company fined after work experience student crushed by vehicle

legal updates

The mechanic went to the driver’s side opened the door and turned the ignition on from outside of the vehicle.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

A Motor Vehicle Repair (MVR) company was fined after a 27-year-old man gaining work experience at the garage, was crushed to death by a vehicle.

Trafford Magistrates’ Court heard that in December 2014, Muhammed Zohaib Yasin, had been working at, Just Mercedes Limited, watching another employee carry out repair work on a Vauxhall Corsa.

Mr Yasin was at the front of the vehicle as he added some antifreeze to the engine. The mechanic went to the driver’s side opened the door and turned the ignition on from outside of the vehicle. The vehicle shot forward trapping and crushing the young man, who later died from his injuries.
An investigation carried out by HSE Inspectors found no defects with the vehicle, but it had instead been left in gear with the handbrake off.

HSE found that the employees of Just Mercedes Limited had not been given any specific instructions on selecting gears and use of the handbrake when parking vehicles, on or off vehicle ramps. No specific instructions had been given to employees on operating the ignition from outside of the vehicle. There was no system in place for safe storage of keys. 

HSE inspector Lisa Bailey said after the hearing: “Had the company ensured employees were trained and instructed on moving vehicles around the garage safely then this tragic incident might not have occurred.”

Just Mercedes Ltd, of Shentonfield Road, Sharston Industrial Area, Wythenshawe, Manchester, pleaded guilty to breaching Section 2 (1) and Section 3(1) of the Health and Safety at Work etc. Act 1974, and were fined £33,000 with £12,000 costs.

Employers must have Safe Systems of Work (SSW) for their employees. Your own Risk Assessments should identify work-related hazards and specify appropriate risk control measures. Workers should be informed as to the outcome of any risk assessment and be instructed as to any SSW that is developed. You should ensure that Workshop Supervisors are aware of any SSW that you have designed; and they should monitor the workforce so as to ensure compliance with the SSW.

Managers and Supervisors must recognise that any person on a Work Experience Program will have very little by way of skills, knowledge, training and experience and will therefore require close supervision; as will all trainees, including apprentices. You should refer to the HSE publication HSG 261 which can be downloaded FOC from the website of the HSE for detailed further information on health and safety in the MVR sector.

Octane FinanceFuel Your Finance

Octane Finance is the broker of choice for new and used car dealers nationwide. With our uncompromising service levels and our genuine and professional approach, you and your customers can trust us to deliver.

Ernie TaylorHealth & Safety ConsultantRead More by this author

Related Legal Updates

Toilet provision in the workplace

It’s hard to imagine this sensible judgment was not a relief for all the employees involved in the use of these toilets.

Managing Home Workers’ Health and Safety

The guidance published by the HSE about home working has been redesigned and expanded to provide more detail on straightforward actions to manage the homeworkers’ health and safety.

Site Supervisor Fined After Worker Suffered Serious Injuries

Remind your Managers and Site Supervisors about their delegated responsibilities for health and safet

HSE update – Control Of Substances Harmful to Health (COSHH)

COSHH requirements will be particularly relevant for any business running a repairs workshop.

Aiming for excellence – 10 Targets for your own risk assessments

We all recognise and understand that risk assessments are a statutory requirement.

Employer Sentenced After Oil Drum Explodes

Fined £80,000 and ordered to pay costs of £8,167.

Fall into a vehicle inspection pit leads to serious injuries

A very costly rescue operation and subsequent prosecution of the employer.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.