Death of an employee who was crushed by a vehicle supported on bottle jacks

legal updates

Employers should make sure that they properly assess and apply effective control measures to minimise the risk.

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 commercial vehicle repair firm and its Managing Director have been sentenced following the death of an employee who was crushed by a bus.

Cambridge Crown Court heard how the employee was working in a vehicle inspection pit beneath a single decker bus at the company’s premises. The rear of the bus had been raised off the ground and was supported on two bottle jacks, so that work could be carried out on the brakes. The coach fell from the jacks onto the employee, killing him instantly.

Investigation by the HSE found A D Hurst and Son Commercial Limited failed to plan and organise the lifting of the bus in a manner that ensured the safety of their workers. The coach was inadequately supported, using only two hydraulic bottle jacks. It should have been supported so that it could not have fallen, using axle stands or other appropriate equipment.

A D Hurst and Son Commercial Limited of 35 Baptist Road, Upwell, Cambridgeshire, pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc Act 1974 and were fined £50,000 and ordered to pay costs of £22,282. Company director, Alan Hurst, pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc Act 1974 and received a custodial sentence of six months in prison suspended for 18 months.

HSE Inspector Paul Unwin commented: “This tragic incident led to the avoidable death of a much-loved family man. His death could easily have been prevented if his employer had acted to identify and manage the risks involved, and to put a safe system of work in place.” He went on to say; “Employers should make sure that they properly assess and apply effective control measures to minimise the risk from dangerous work activities.”
Speaking after the hearing, the family of fatally injured employee said: “Our whole family has been devastated by the loss of our much loved and treasured David, our hearts are broken, and our lives changed forever. We hope that this case will help to raise awareness that such tragic incidents and loss of life are totally avoidable and completely unnecessary, so that no other family has to go through the pain and devastation that we have to deal with. David was an amazing person and we miss him every day.”

NOTE: In any Motor Vehicle Repair workshop it is very likely that vehicle jacks might be used. Vehicle jacks are only intended to raise the vehicle; so that adequate support measures can then be placed under the raised vehicle; i.e. the use of suitable axle stands or similar. It is dangerous to work under any vehicle that is solely supported on vehicle jacks.


 Lawgistics Members can get advice on Health and Safety from the legal team or ask us about our new portal, HR Manager, an easy to understand, simple to use piece of software that enables you to manage all aspects of HR, Employment Law, Health and Safety and GDPR compliance for your business. HR Manager is FREE and available to all Lawgistics members. Call 01480 455500 to start using HR Manager today.

Wearewood Services LtdMotor Trade Web Specialists

We offer an all-encompassing web, digital & design service specially tailored to the Motor Industry.

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.

Can my employees tell me it is too hot to work?

Bosses should make sure they are doing all they can to keep their people cool, especially in areas where machinery might generate extra heat.

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.

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.