Wallace Oils, a Cumbrian oil distributor, has been prosecuted for safety breaches which saw an employee break his arm after falling from the top of a tanker.
Carlisle Magistrates’ Court was told that David Strong, 39, from Carlisle, had returned to the depot following his morning delivery run. It was then that he climbed atop of a tanker – which had no guard rail – to use a dipstick in order to measure the remaining fuel level.
Mr Strong lost his balance, plunging over three metres to the concrete floor below. He suffered a broken arm.
Carrs Billington Agriculture (Sales) Ltd, which trades as Wallace Oils, was prosecuted by the HSE following the incident at its depot in Langwathby on 12 November 2012.
Speaking after the hearing, HSE Inspector Matthew Tinsley said the outcome of the incident could have proven much worse.
“A worker at Wallace Oils could easily have suffered fatal injuries because the company failed to make sure its employees were safe,” commented Mr Tinsley.
Safety breaches
A subsequent HSE investigation found that equipment was in place to allow drivers to empty any remaining fuel from the tanker before refilling it.
Even so, it had become common practice for drivers to climb onto vehicles to check the fuel levels. An absence of a gauge on the side of the tank meant it was easier than emptying the tanker.
Carrs Billington Agriculture (Sales) Ltd had failed to properly assess the risk that employees would use this method to check the fuel. As such, the court was told the firm had failed to provide instructions on how to carry out the work safely.
Whilst Mr Strong had been trained to use dipsticks by another driver at the depot, no one had ever told him not to use this approach.
Carrs Billington Agriculture has since clarified its procedures and training.
HSE inspector Mr Tinsley said: “The risk of falling from the top of tankers is well-known in the industry. Despite this, the company’s failure to assess the risks resulted in workers regularly climbing onto the top of vehicles to check fuel levels before refilling.
“There were several other ways this work could have been carried out safely – the simplest being emptying the tank first so workers always started with an empty tank. If this working practice had been captured in the company’s procedures and drivers had been adequately instructed and trained at the time of the incident then the employee’s injuries could have been avoided.”
Carrs Billington Agriculture (Sales) Ltd, of Stanwix in Carlisle, was fined £9,330 and ordered to pay £360 in costs after pleading guilty to a breach of the Management of Health and Safety at Work Regulations 1999.
