£40k fine for council whose dustcart killed pensioner on mobility scooter

Worksop-based Bassetlaw Council was prosecuted under health and safety legislation over the death Derrick Baines, 76, which happened near his home in Mellish Road, Langold.

Nottingham Crown Court heard Mr Baines was returning home from the shops on his mobility scooter when he was struck by the lorry on July, 10 2008.

The court heard that the lorry, which was on a missed bin collection, only had a one-man crew and the incident could have been prevented had there been an assistant at the back of the vehicle.

The driver was only aware something was wrong when he noticed shopping spilling into the road behind him. He stopped the lorry and found Mr Baines trapped underneath.

He suffered multiple injuries and died later in hospital.

After the hearing HSE inspector David Butter said: “If the council had staffed the refuse collection lorry appropriately then Mr Baines would probably still be alive today.

“Very large vehicles such as this have a number of blind spots and it was impractical to expect a lone driver to reverse safely.

“These lorries are fitted with flashing lights and a reversing warning system but the council needed to take into consideration that system was not adequate.

“Another worker should have been present and could have prevented this needless loss of life.”

The council pleaded guilty breaching the Health and Safety at Work Act and was £25,000 and ordered pay costs of £12,987.

In a statement it said: “The council would like to take this opportunity to once again express its profound sympathy to the family of Derrick Baines.

“The court acknowledged there is substantial mitigation in this case, including the comprehensive review of procedures that followed the accident.”