HSE states that they will engage with key stakeholders to remind them of the need to manage risk when coupling and uncoupling articulated vehicles. HSE has conducted a further inspection of 3D Trans Ltd and is satisfied with the measures the company has put in place regarding training, monitoring, and supervision. (AI summary)
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PrevenƟon of Future Deaths Report - AŌer Inquest LYTH D A 30112021
Thank you for your letter and Regulation 28 report to prevent future deaths issued following the inquest into the death of David Lyth. You asked the Health and Safety Executive (HSE) to consider your concerns regarding the provision of regular and periodic training for all drivers in respect of coupling and uncoupling procedures. It may be helpful to provide some background: the general duty under the Health and Safety at Work etc. Act 1974 is to ensure employees health, safety and welfare at work. This legislation is not prescriptive but is goal setting. It is for the employer to consider the risks specific to their business and then take appropriate steps to control those risks. To assist employers with that process, HSE produces extensive free guidance on managing risk, some of which is industry specific. For example, HSE worked closely with the haulage industry and other regulators to investigate the reasons for unintended vehicle movement and subsequently produced specific guidance in 2013, please see safe-coupling-guide.pdf. This guidance provides practical advice for employers to help them manage the risks of coupling and uncoupling articulated vehicles. HSE produced further guidance on transport safety in 2014; this guidance is aimed at all industries and also provides practical measures for coupling and uncoupling, please see Workplace transport safety - A guide to workplace transport safety (hse.gov.uk)
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As part of their consideration of risk in the business, employers should identify suitable risk controls and provide appropriate training and information to their employees to enable them to carry out their jobs safely, as well as an appropriate level of supervision/review to ensure that processes are followed consistently and that any issues are quickly identified and resolved. It is, for this reason, the employer’s responsibility to decide on the intervals for any refresher training. Whatever system the employer chooses to implement to manage risk, they should review it regularly to make sure it is up to date and still relevant. HSE continues to work closely with the industry in this area and we will engage with key stakeholders to remind them of the need to manage risk when coupling and uncoupling articulated vehicles. In relation to 3D Trans Ltd, HSE has conducted a further Inspection of the company since the inquest, and we are satisfied with the measures the company have put in place regarding training and monitoring and supervision for their drivers in respect of safe coupling and uncoupling procedures.