Vineyard owner’s death costs delivery firm GBP 200k

A distribution company has been fined £200,000 for failures that played a part in the death of a Cornish vineyard owner.

George Musgrave, the owner of Polmassick Vineyard at St Ewe, near St Austell, died after trying to help a delivery driver unload a stack of empty wine bottles from the back of a vehicle owned by Gregory Distribution.

Investigating HSE inspector Simon Jones told SHP that on 15 April 2008, the usual driver of the vehicle phoned to say he couldn’t come to work, so the company called an agency to supply a replacement driver. The agency driver, who held a suitable licence, was given little instruction, or information on how to carry out the delivery.

At the vineyard, the driver experienced some difficulties in transferring the bottles, as the pallet truck provided was too big for the tail lift. Inspector Jones said the pallet truck had to be turned about 90 degrees to get it on to the tail lift, but although drivers at Gregory Distribution were accustomed to this practice, the agency driver had not been trained, or informed of this matter.

The driver tried to push the load on to the tail lift but, because of the load’s weight and height, the stack ran away from him. The load fell off the tail lift and landed on Mr Musgrave, causing fatal head and chest injuries.

The vehicle was impounded so that the HSE could carry out tests, which revealed evidence of some deflection of the tail lift, but it could not be proved if this occurred before or after the incident. However, the HSE investigation also found that the tail lift hadn’t been properly inspected in the previous six months, as required under the Lifting Operations and Lifting Equipment Regulations 1998.

Gregory Distribution Ltd (GDL) pleaded guilty at Bodmin Magistrates’ Court on 29 June to breaching s3(1) of the HSWA 1974 by exposing someone to risk by failing to ensure adequate arrangements and procedures for the unloading of pallets. The company was fined £200,000 with costs of £16,993 at Truro Crown Court on 4 August.

Inspector Jones commented: “Employers should ensure that employees are given the right equipment, information, instruction and training to allow them to unload loads safely. Where employers use the services of agency staff they should ensure that those agency staff are aware of the systems of work in place and have the skills and training to undertake the required tasks.”

After the incident, the company informed the HSE that it was taking the vehicle out of service. It now gives agency drivers a full briefing before they undertake deliveries.

In a statement issued on its website after the case, Gregory Distribution said it greatly regrets the circumstances leading to the death of Mr Musgrave.

It continued: “From the outset, GDL cooperated with the investigation carried out by the HSE, which has acknowledged the extent of the company’s previous health and safety record, its responsible attitude to health and safety, and the remedial measures the company has taken since the incident.

“GDL takes a responsible and committed approach to health and safety and to all training in general. A full-time department of 13 personnel, including a senior health and safety manager, provide a considerable resource to ensure the company meets and surpasses all regulatory health and safety requirements.”