A Dutch road transport company has been punished for a fatal unloading accident with a 4-figure fine and a conditional suspension. The company’s manager has also been sentenced to community service for the fatal accident, in which a lorry driver was buried under a heavy load of cornmeal.
In its judgement, the court issued a fine of EUR 100,000, of which EUR 25,000 is suspended. In addition, the court sentenced the manager to 120 hours of community service, 40 of which were suspended. Finally, the company was conditionally suspended, meaning it won’t be able to load, transport or unload cornmeal for 6 months unless it meets certain conditions, reports Nieuwsblad Transport.
The accident occurred in August 2018, when a driver from the Waalwijk-based firm transported 28,000 kg of cornmeal to a company in Helmond.
During the court case, it was established that the cornmeal did not flow out of the truck as intended during the unloading process. The driver, as he had done on several occasions previously, turned to using a broom to solve the issue. However, on this occasion, the swing door of the truck came loose. That caused the cornmeal to suddenly pour out and bury the driver under the load.
At the court hearing, the judge said that the driver’s employer and 55-year-old manager were responsible for the safety of employees. The investigation at the location of the accident showed that the company and its manager did not sufficiently act with due diligence and care. They failed to take the necessary safety measures, in turn allowing the fatal accident to take place. The court also determined that the road transport company and its manager wrongly shifted most of the responsibility for health and safety towards its employees.
Moreover, according to the judge, the statements by the manager, among others, indicated a company culture in which safety was considered to be of secondary importance. For example, he stated that “he assumed” that employees knew how to work safely, and ‘that he trusted' that they knew the basic rules.
The court also expressed fears that the company has been devaluing the health and safety of its employees in order to pursue commercial interests. Another issue the court found was that the lack of hierarchy within the company was being confused with a lack of responsibility.
Finally, the company’s response to a similar accident that had happened prior to the fatal one in August 2018 was deemed inadequate. It wasn’t until the latter that the company enlisted a health and safety expert and carried out a safety audit.
The ruling from the court follows a decision by the authorities in Portugal to ban companies that force drivers to unload their vehicles.
Photo credit: Bartosz Wawryszuk