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Court Summary - at a glance
- Ensure that the bin lifting mechanism on Recycled Glass Collection Trucks could only be operated throughout its entire cycle by using a two handed hold to run function (rather than under a semi-automatic function);
- Ensure that workers were fully trained in accordance with company procedures and competent to drive Recycled Glass Collection Trucks on a collection run before assigning them to that role; and
- As the owner of Recycled Glass Collection Trucks, take steps to eliminate the bin lifter stalling at the top of its lift.
The victim was an employee of a contractor. On the day of the incident he was in his second week of driving a Recycled Glass Collection Truck. The victim was found trapped between the glass lifter and the centre pod on the truck; he had been trying to free a bin lifter when it was stalled at the top of its lift. He died the following evening after his life support was switched off as a result of receiving multiple crush injuries.
The stalling of the bins was a known problem to the Defendant. The Defendant also failed to follow its usual training programme for the victim.
• Sections 6 and 50(1)(a) of the Health and Safety in Employment Act 1992