Rank: Super forum user
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Hi folks.
Does anyone know of, or has been involved in, any prosecutions of companies where either car or van drivers have been prosecuted after an accident where it was deemed that tiredness was a contributory factor due to excessive hours?
Any info would be greatly appreciated.
Thanks
Andy
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Rank: Super forum user
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See http://www.orsa.org.uk/guidance/faqs.htm
Quote:”
Employers need to be made aware of the recent 'Produce Connection' case in which a potato firm was fined £30,000 after one of its workers crashed and died while driving home after a third consecutive shift of nearly 20 hours. The Produce Connection, of Chittering, Cambridgeshire, admitted failing to ensure the health of workers and the public. Mark Fiebig, 21, of Soham, died when his van drifted into the path of a lorry on the A10 near Ely in 2002. Judge Gareth Hawksworth at Cambridge Crown Court said the firm had failed to monitor the hours employees worked. The court heard that Mr Fiebig was thought to be suffering from "chronic fatigue" and had fallen asleep at the wheel. The company was also ordered to pay £24,000 costs after admitting two breaches of health and safety law. The case is thought to be the first of its kind in the UK because The Produce Connection admitted breaching health and safety legislation even though Mr Fiebig died outside working hours. Prosecutor Pascal Bates said Mr Fiebig had worked 11 days without a day off prior to his fatal crash. During that time he had worked on average 17 hours a day and was getting three to four hours' sleep a night. Mr Bates said other staff were working similarly long hours. He added: 'Workers were paid by the hour. For payroll purposes a daily note was kept of each worker's working hour.' He said the farm manager 'had to be aware, and so did other management.
The guiding principle here has to be that employers should periodically review driver fatigue, both during ‘at work’ driving and during commuting and develop measures to guard against it. They also need to develop contingency arrangements to help employees to cope with sleepiness through contingency measures such as ‘caff napping’ and/or provision/identification of suitable rest facilities.”
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Rank: Super forum user
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Rank: Super forum user
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Motorhead, the Produce Connection was the case that also sprung to my mind and it sort of seems to fit the bill - except that the driver wasn't prosecuted as he was killed in the accident to which the case refers.
However, on second (and third reading) your post is a little confusing, "..any prosecutions of companies where either car or van drivers have been prosecuted after an accident..".
If you are looking for cases where a company (only) has been prosecuted, then Produce Connection fits nicely.
If you are looking for cases where the driver has been prosecuted take your pick but I suggest Gary Hart (Selby rail crash) helps concentrate the mind (this was not if my memory serves me - work related)
If your looking for both - no idea.
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Rank: Forum user
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Yes.
This is all from memory, so may not be entirely accurate.
8-10 years ago, in Scotland.
Driver killed in RTA on his day off. Initial police investigation could find no fault with vehicle or with driver (drink drugs etc).
It was only when someone mentioned that the deceased had been working long hours that a deeper investigation was undertaken.
He had worked for a transport company and all of the vehicles, bar one, were fitted with tachographs.
He was the regular driver of the one without.
Police investigation established from time sheets and pay slips that he had been regularly working very excessive hours.
Result was prosecution and conviction of one or more of the company directors.
Hope some genius will be able to find the case.
Rodger Ker
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Rank: Super forum user
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Canopener wrote:Motorhead, the Produce Connection was the case that also sprung to my mind and it sort of seems to fit the bill - except that the driver wasn't prosecuted as he was killed in the accident to which the case refers.
However, on second (and third reading) your post is a little confusing, "..any prosecutions of companies where either car or van drivers have been prosecuted after an accident..".
If you are looking for cases where a company (only) has been prosecuted, then Produce Connection fits nicely.
If you are looking for cases where the driver has been prosecuted take your pick but I suggest Gary Hart (Selby rail crash) helps concentrate the mind (this was not if my memory serves me - work related)
If your looking for both - no idea.
Well spotted!!! ;-)
Just companies.
Andy
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Rank: Super forum user
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Rank: Forum user
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