HAZARDS INVOLVED WHEN LOADING AND UNLOADING LORRIES

July 2nd, 2008 Hinchliffes

Published in Truckstop News – July 2008.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors considers the “HAZARDS INVOLVED WHEN LOADING AND UNLOADING LORRIES”.

Recent evidence suggests that each year around 60 workers are killed and 5,000 seriously injured while working in haulage and distribution. A further 23,000 sustain injuries severe enough to keep them off work for several days.

Many of these injuries are due to accidents during the loading and unloading process, often caused by:-

- being struck by a moving vehicle
- falling from the vehicle
- falling loads
- slipping or tripping
- manual handling tasks

Employers must carry out a “risk assessment” of the tasks their employees are required to undertake, and by doing so identify and control potential risks to reduce the likelihood of accidents happening. Employees should also be provided with a safe working environment.

Employers and site owners should ideally appoint someone to specifically deal with health and safety issues, and ensure any precautions or safety procedures that are identified are actually effective, and all steps needed to reduce risks are taken.

Accidents can occur when safe coupling and parking procedures are not in place and enforced. Issues to bear in mind include:-

- the failure to apply all available parking brakes during coupling/uncoupling of air lines can lead to the vehicle moving unexpectedly;

- parking brakes should be serviced and there should be clear instructions on how and when they are to be applied;

- vehicles can be fitted with an alarm that sounds if the handbrake is left off;

- poor practice (eg relying only on disconnecting the red line without using the parking brake on the trailer) can be fatal, if the driver or anyone else in the vicinity is crushed or struck by the vehicle;

- site operators must ensure all drivers (whether employed by them, visiting drivers or agency workers) understand and follow the safe system of work for coupling air lines;

- drivers should have a safe place to wait during the loading and unloading process, without being required to pass through areas where there are moving vehicles;

- if reversing is unavoidable additional safety measures should be considered, eg extra mirrors on vehicles and CCTV

- a clear one-way system should be established where possible, together with specified pedestrian and vehicle routes;

- FLT drivers should be trained, certified and regularly monitored;

- FLTs should be kept in good condition;

Effective measures should also be taken to avoid the risk of falling, or being injured by falling items. Some of the points that should be considered in this regard are:-

- drivers often fall when gaining access to or exiting vehicles, particularly if they are required to climb up or jump down without assistance;

- for access to the cab, non-slip steps and handholds should be available and kept in good condition;

- for access to the fifth wheel area for coupling/uncoupling, there should be well maintained, evenly spaced steps and handholds, and if necessary a suitable catwalk made of slip resistant material should be provided;

- for access to the load, there should again be well maintained, evenly spaced steps with good handholds, and the trailer floor should have a non-slip surface;

- there should be inspection, maintenance and reporting procedures for all equipment such as ropes, straps, curtains, sheets, nets, etc to ensure they are safe to use;

- loads should be secured and there should be systems in place for checking whether a load has shifted in transit;

- yards should be well lit and properly maintained with an even floor surface that is kept free of slipping and tripping hazards.

The requirement to physically handle and manoeuvre items can also lead to injuries, and issues to be considered include:-

- whether all manual handling tasks have been identified and if possible eliminated;

- if a manual handling task is unavoidable, mechanical aids should be provided and full training given;

- all drivers and workers involved in the loading/unloading of vehicles should be familiar with each site’s safety procedures.

If an employer or site owner fails to comply with health and safety regulations they could face a criminal conviction and hefty fines. In addition, if someone is injured because of a breach of the regulations, they may well succeed in a claim for personal injury compensation not only for the injuries suffered, but also for any associated financial losses, eg lost income due to an inability to work while recovering.

QUESTIONS & ANSWERS

I deliver palletised white goods to electrical retailers and often there is no one about and I have to go looking for someone to accept the delivery. In winter the deliveries are often done in the dark and I regularly trip over rubbish left in the yards. If I was to hurt myself and could not work for a few weeks, what steps could I take?

In this situation you would likely be able to make a successful claim for compensation against the retailer, including any lost income, as it seems they fail to clear up potential tripping hazards and also their premises is poorly lit. They ought also to assign someone to look out for deliveries.

I do agency work for a big transport company. I am told where to collect containers, and then deliver and unload them. The contents can be anything from food to large electrical goods. When the trailer doors are opened things often fall out. Whose fault would it be if something hit me?

If you were hurt it is likely that either the company using the agency, or the agency itself would be found responsible for the accident. They would not be able to avoid a claim by suggesting that as they did not load the trailer they are not responsible, as they have an overriding duty to provide you with a safe working environment. It is unlikely that the business you were delivering to would have any liability.

Some of the yards I deliver to are full of potholes and badly maintained. What is the position if I have a fall?

The occupiers of the yard should ensure that it is free of tripping hazards. If they allow such hazards to remain and a visitor to the premises is injured, they will probably be liable to pay compensation.

ENDS

(Other Personal Injury FAQs)

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