02 July 2009
Jocelyn Dorrell

Eastbourne Buses and its managing director, Stephen Barnett, have been fined more than £100,000 after a driver was crushed to death at Eastbourne Bus Depot.

On 4 September 2006, 62-year-old Roy Trundell was returning to the depot after an early shift. He parked his bus behind a number 128 bus that was due to depart.

The 128 was behind another, apparently non-operational bus, so its driver had to reverse to get out. Trundell, who was walking behind the 128 to get to the depot office as it reversed, was sandwiched between the 128 and his own bus and died later that day in hospital.

HSE principal inspector Russell Adfield said Trundell's death "resulted not so much from a failure to follow rules, but rather a lack of rules to follow."

He said Eastbourne Buses' policies and procedures were "confused and inconsistent".

"There was no clear reversing policy; walkways were often obstructed; speed limits undefined; and instructions to staff were inconsistent," he said. "This environment gave rise to bad practice and danger - a situation overseen by Stephen Barnett, the managing director.

"Had the recommendations of previous advisers and consultants been properly understood, implemented and enforced then this tragic incident may never have occurred."

On 22 June at Brighton Crown Court, Eastbourne Buses - which is now owned by Stagecoach - admitted failing to ensure employees' safety, contrary to Section 2(1) of the Health and Safety at Work Act, and was fined £100,000 with £135,000 costs.

On 24 June, after a two-week trial, managing director Stephen Barnett was found guilty of the same offence by virtue of Section 37 of the Act, which states that where a company's breach is committed with the consent or connivance, or due to the neglect, of a director, the director will also be guilty of the offence.

Barnett was fined £5000 with £5000 costs.

Categories:
Enforcement (prosecutions), Prosecutions, Safe systems of work, Safe systems of work, Enforcement (prosecutions)



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