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Council in court after death of pensioner

Glasgow City Council has been fined £20,000 following the death of a pensioner after he was struck by a reversing refuse vehicle in the city centre.

Malcolm McCulloch, who was 71, suffered severe chest and pelvic injuries and later died in hospital.

The incident was investigated by the Health and Safety Executive (HSE) and a prosecution brought against the council for serious safety failings.

Glasgow Sheriff Court heard that the council carried out its own commercial glass collection.  As the reversing of refuse collection vehicles is a hazardous activity, the council had introduced a program of reversing assistant training. A reversing assistant’s role is to stand outside the vehicle and guide the driver in situations where reversing manoeuvres cannot be avoided.

The driver of the vehicle on the date of the incident was employed through an agency, rather than as a direct employee of the council. A labourer employed by the council travelled with the driver, getting out at stops to empty the glass bins.

However, neither the driver nor the labourer involved in this incident had undergone reversing assistant training. The council had failed to ensure that agency workers received the training and had also failed to identify that its own employee had not received the training.

An inspection of the vehicle by HSE mechanical specialists found no defects, but there was a blind spot that was not covered by the CCTV camera or wing mirrors, which mean that neither the driver nor the labourer would have seen Mr McCulloch stepping into the path of the reversing lorry.

A reversing assistant should have been used to guide the driver while reversing and to prevent pedestrians such as Mr McCulloch from being able to cross the road as the lorry reversed.

Glasgow City Council was fined £20,000 after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.  

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