A UK manufacturing company has been fined £80,000 after an employee suffered life-changing injuries while helping load a lorry. The HSE prosecution has wider implications for transport operators, who remain legally responsible for their drivers’ safety even when working on customer premises.
A worker fell 2.5 metres when pallets used as makeshift steps collapsed beneath him during the loading of timber onto an HGV. The man suffered multiple fractures and long-term mobility issues. HSE investigators found that the company had no safe system for accessing the trailer bed and no equipment designed for work at height.
Although the incident took place in a manufacturing setting, the circumstances mirror risks faced daily by drivers across the logistics sector. Many load or secure cargo in yards where proper access platforms, safety rails or fall-prevention systems are missing.
Who is responsible when drivers work on customer premises?
Under UK law, employers remain responsible for their drivers’ health and safety even when the work takes place on a customer’s site. That responsibility covers every task linked to the job, including loading and unloading, securing the load, climbing onto the trailer bed, stepping onto equipment supplied by the customer and working at height on flatbeds or curtain-siders.
HSE guidance emphasises that any site where such work is carried out must provide safe access and equipment designed for work at height. Improvised solutions such as pallets, crates or timber stacks are unacceptable and create avoidable risks.
What drivers can and cannot be asked to do
Drivers can:
- secure their own load,
- check and tighten straps or chains,
- refuse unsafe loading arrangements,
- request proper access equipment,
- report unsafe sites to their employer.
Drivers should not:
- climb onto makeshift structures,
- walk on unstable loads,
- balance on timber stacks or beams,
- work at height without fall-protection,
- follow instructions that contradict basic safety rules.
HSE’s position is firm: a driver must never be put in a position where improvisation replaces proper safety measures.
What transport companies must have in place
For transport operators, demonstrating that reasonable safety steps have been taken is essential. Clear internal policies are needed so drivers know how to respond when conditions are unsafe, typically by stopping the job and contacting the office. Drivers also require training on working at height, particularly as accessing a trailer bed already falls under this definition.
Many carriers keep internal records of unsafe or difficult customer sites, and where possible, companies should communicate to customers that drivers cannot assist with loading practices that require unsafe climbing or balancing. Reporting systems are equally important: near-misses and dangerous conditions must be logged, as insurers and regulators increasingly expect documented evidence of risk management.
Who pays when an accident happens?
Liability after an accident varies, but both the driver’s employer and the site operator may be held responsible. Employers can face claims if training or guidance was inadequate, while site operators may be liable for providing unsafe access or equipment. In many cases responsibility is shared, and transport companies may still face insurance complications even if the incident occurs on a customer’s premises.
