A local council Transport Manager faces prosecution in court and a potential jail sentence and heavy fines after an elderly man was knocked over and seriously injured by a refuse collection vehicle which was reversing out of a cul-de-sac, delegates at FFF2016 were told.
The council also faces huge fines but, fortunately, the case is fictitious. However, the formal interview by the Health and Safety Executive, under the Police and Criminal Evidence Act (PACE), was enacted by two lawyers from Pinsent Mason to provide a realistic portrayal of what actually occurs in such scenarios, along with the pitfalls faced by the TM and his employers and the grave prospects for themif the case has the wrong outcome.
The Transport Manager, who in this case, waived his right to legal representation, was being interviewed to see whether or not numerous Health and Saety at Work offences had been breached. HSE questions centred around whether suitable risk assessments had been made, methods of work followed and systems communicated.
The full details of the case and the vital lessons to learn from it will be covered in the next edition of LAPV in September and later on www.lapv.co.uk.