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Operator cleared over driver death

9th January 2014
Page 7
Page 7, 9th January 2014 — Operator cleared over driver death
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A SHETLAND haulage firm has been cleared of breaching health and safety laws after its LGV driver died when he was crushed by a forklift truck.

Yell-based RS Henderson was prosecuted at Lerwick Sheriff Court under the Management of Health & Safety at Work regulations and the Health & Safety at Work Act following the accident in February 2010.

Driver Geoffrey Davies died when the forklift truck he was using to unload his vehicle toppled over and crushed him.

According to solicitors at Compass Chambers, which represented the haulier, Davies had not used the system of work put in place by the company, which involved using a lorrymounted crane. Compass added that in crossexamination a Health and Safety Executive specialist inspector conceded that had the system been followed there would have been no risk to the driver.

A jury returned a verdict of not guilty following a week-long trial that ended on 13 December.

Compass advocate Barry Smith declined to comment, but a statement on its website said: "Conflicting expert evidence was heard in relation to the categorisation of the lift, under reference to Lifting Operations & Lifting Equipment Regulations and various British Standards and Industry Guidance."

RS Henderson did not respond.

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