TRAILERS – HAZARDS THAT CAN RESULT IN ACCIDENTS

May 8th, 2009 Hinchliffes

Published in Truckstop News – May 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “TRAILERS – HAZARDS THAT CAN RESULT IN ACCIDENTS”.

My many years’ experience of injury compensation claims made by truckers suggests that more problems arise when delivering or collecting a load than on the roads. It is therefore not surprising that regulations place responsibilities on both employers and employees to help reduce the risk of injury.

Employers’ basic duties in this regard include:-

undertaking risk assessments and planning the loading and unloading of vehicles so as to avoid or minimise the need to work at height;
ensuring there are well designed access points to vehicles and trailers;
fitting additional safety equipment if necessary, eg access ladders or non-slip surfaces;
providing protective equipment, eg slip resistant footwear;
ensuring work equipment is well maintained;
recognising problems with particular vehicles and responding to suggestions, eg for preventing falls from those vehicles;
ensuring supervisors check how people get on and off vehicles, and enforce safe systems of work.

Employers must provide a safe system of work and if they breach this duty and someone is injured as a result, they could become liable for accident compensation payments.

However, those working with trucks and trailers must also take care for their own safety. In particular, when getting on or off the vehicle they should always use common sense and bear in mind the following:-

do not jump down – this causes stress to the knees and could result in a fall;
use the steps and handholds provided;
take time in climbing down, and face the vehicle while doing so;
before stepping onto a surface, check if it is uneven, whether there is a kerb or anything else that may cause a slip or fall;
report any missing or damaged equipment.

Truckers may use the same vehicles every day, but complacency can lead to accidents. Remember to:-

carry out pre-use checks, including whether steps or handholds are in good condition;
report broken boards or objects that could cause a fall;
keep the load area tidy and free of loose ropes and packaging that could become a tripping hazard;
check that curtain straps are safely stored and out of the way;
clean up any spillage or dirt on the catwalk or load area that might become a slipping hazard;
check the floor conditions of refrigerated vehicles for ice or water, and follow set systems for reducing the amount of water produced.

Other steps can be taken to enhance safety, including:-

wearing well fitting, slip resistant safety footwear when working on vehicles;
keeping the soles of footwear clean to reduce the risk of slipping;
always following safe systems for loading and unloading;
obtain training in the safe use of equipment such as tail lifts or cranes;
when carrying out maintenance to vehicles above ground level, use gantries or tower scaffolds if appropriate;
consider what others in the industry do and pass on any good ideas to your employer.

Care should also be taken regarding the vehicle’s surroundings. Adequate lighting should be provided in depots and on vehicles, as poor lighting can make it hard to spot any potential hazards. During the winter months truckers spend a considerable amount of time working in the dark, at either end of the day. Loading and unloading areas are often badly lit and an uneven ground surface around the vehicle will present a more significant risk in the dark. Work areas should be well maintained, with an even surface free from potholes and obstacles, but this is not always the case.

The above points appear obvious and you may think they are not worth mentioning, but a simple lapse of concentration can have devastating results. If an employer or company responsible for the work area has fulfilled their safety obligations, but a trucker suffers an accident because they were reckless or negligent, there is often no right to compensation. However, if the trucker was required to work in poor or unsafe conditions and is injured as a result, an accident claim may be successful.

It is also worth noting that agency drivers have exactly the same rights as if they were directly employed by the company they drive for.

QUESTIONS AND ANSWERS

I have a small box van and make late nght deliveries of dairy products to stores. When I make my delivery the lights in some yards have been turned off – they are only left on for big lorries making large deliveries. Is this right?

The size of your van and delivery is irrelevant. You should have adequate light to work in. If you had an accident while unloading due to the poor lighting, you could claim compensation from the owner of the yard, which would probably be paid by their insurers.

I drive an articulated truck delivering frozen food. The trailer is not cleaned out properly between loads and there is a build up of ice and general debris on the floor. The pallet truck often gets stuck and I slide around trying to get the load out. I twisted my back while unloading, but when I reported this I was told to stop complaining. Is there anything I can do?

If you have no control over the cleaning and loading of the trailer, you would appear to have a strong claim for compensation against your employer, in failing to provide a safe system of work. You should consider taking some legal advice.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation. All cases are conducted on a No Win – No Fee basis, where the Client keeps 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.