Tesco wins driver safety case
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• A charge accusing Tesco Stores of failing to ensure the safety of its employees when a driver was run over by a reversing trailer, has been thrown out at Warminster court.
Tesco's costs were ordered to be paid out of public funds.
Bringing the charge under the Health and Safety at Work
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Act, West Wiltshire District Council told the court that the company had failed in its duty by not giving drivers proper instructions on the reversing of trailers at its Westbury distribution centre. It argued that if a driver did not have a clear view to the rear a "second pair of eyes" should be there to help him. Driver Melvyn John Chapman said that after reversing an articulated vehicle into a parking bay he was pulling the fifth-wheel release lever when he was struck on the head by a trailer reversing into the adjacent bay. He fell to the ground and, despite holding on to the underside of the trailer, the left side of his body went under the trailer wheels. The driver of the reversing artic, Ed Bennett, said that he had been shown what to do when employed as a shunt driver, but had been given no written instructions on parking trailers.
He had seen no-one near Chapman's artic when he decided to reverse into the bay.
Bennett reversed on a righthand curve and consequently had no rear vision through the nearside mirror.
When cross-examined he agreed that he had 27 years' driving experience and would have felt insulted if given instructions on how to reverse.
Transport consultant James Duckworth said that Tesco's operations were safe and a second man would not only be unnecessary, but would be a hazard to other drivers. = James Duckworth answers your legal queries in Any Questions on page 46.