A recycling company has been fined £40,000 as a result of its negligence in maintaining the lifting equipment on a refuse vehicle, which tragically led to the death of one of its employees. Henry Chambers, a 65-year-old worker at Bin Busy Recycling Limited, lost his life in an incident that took place on July 5 2019, at an aggregates site in Charlton, London.
The incident occurred while Mr. Chambers was unloading glass bottles from the refuse vehicle at an unloading bay on the site. Unfortunately, he became trapped between the vehicle’s tailgate and hopper, resulting in multiple crush injuries. Despite being rushed to the hospital, he passed away four days later.
Gail Chambers, Henry’s wife, shared her heartbreaking sentiments, stating, “The Christmas before Henry died, we had just celebrated our 40th wedding anniversary. It was a 40-year marriage which shouldn’t have ended as abruptly as it did. Henry was 65, and he kept saying he wanted to retire, but there was no set time. There were lots of things we wanted to do when he retired. His big dream was to hire a Winnebago and drive Route 66, but he would have been just as happy down in Cornwall. His big things were holidays and family.”
Following the incident, the Health and Safety Executive (HSE) conducted an investigation, revealing several faults with the lifting equipment on the refuse vehicle. Some parts were excessively worn, and even missing, indicating a severe lack of maintenance. It was discovered that the equipment had not undergone a thorough examination by a competent person since Bin Busy’s purchase of the vehicle in April 2017.
A thorough examination involves a systematic and detailed inspection of equipment and its safety-critical parts, carried out at specified intervals by a competent individual. In the case of the lifting equipment in question, a thorough examination should have been conducted every 12 months. However, Bin Busy had only arranged for maintenance focused on the vehicle’s roadworthiness, neglecting the inspection and maintenance of its lifting equipment.
Bin Busy Recycling Limited, located in Erith, Kent, pleaded guilty to breaching Regulation 9(3) of the Lifting Operations and Lifting Equipment Regulations 1998, as well as Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998. As a result, the company was fined £40,000 and required to pay £22,338.24 in costs, along with a victim surcharge of £181. The judgment was handed down at Westminster Magistrates’ Court on October 9th, 2023.
HSE inspector Gordon Carson emphasised the importance of regular proactive maintenance and inspection of work equipment to prevent deterioration that could endanger individuals. “Bin Busy failed to effectively maintain the lifting equipment on this refuse vehicle or arrange for it to be thoroughly examined in accordance with specified timescales,” Carson stated.
