James Osbourne Murray

[141] There are two recommendations which I wish to make. [142] Firstly, I have seen nothing to suggest that Interflex have reviewed their health and safety procedures in the same way that Drummond Distribution have. If that has not been carried out by Interflex, I recommend they do so immediately. They should review existing (or prepare new) risk assessments, identify the hazards in a loading operation, put practices in place to ensure the HSE and DVSA guidance along with their obligations under the Road Traffic Act 1998, Health and Safety at Work etc Act 1974 and The Provision and Use of Work Equipment Regulations 1998 are complied with, including the provision of all necessary training and health and safety information to their employees on their responsibilities for the loading and transportation of goods. Further, they should ensure sufficiently robust supervision and auditing practices are put in place to pick up on non-compliance so that those issues are addressed at the earliest opportunity. [143] Secondly, given the comments made by Nina Day that ignorance of i. loading responsibilities and ii. when a load requires the application of ratchet strapping, is widespread amongst HGV drivers, drivers’ employers and consignors, the mere existence of the legislation and guidance, and a hope that drivers, their employers and consignors fulfil their obligations, is insufficient to ensure that the risks associated with load stability are reduced to the lowest level possible. The diligent employer will do what is required. But, clearly, that is far from a universal position, and this widespread ignorance, or potentially deliberate flouting, of legal obligations, has potentially fatal consequences. [144] There have been two targeted roadside campaigns, one in 2011 and one in 2015 performed by DVSA which was the subject of an article in Transport Engineer published in January 2018. Half of the vehicles stopped in 2011 had inadequate load securing with a quarter having no load securing at all. In 2015, a quarter of lorries stopped had inadequate load securing. One in ten had an unstable load. Ms Day devised and oversaw those campaigns. In 2022, she developed Operation Eventide, a multi-agency enforcement and education operation to address load security issues with the Association of Pallet Networks, of which Drummond Distribution is a member, and provided technical support to its running in 2023 and 2024. DVSA and HSE work together to help commercial training providers access up-to-date supporting materials. Much work has therefore been done to provide information to the road haulage industry on what is expected of them to mitigate the risks associated with load security. [145] The Road Traffic Act 1988, The Health and Safety at Work etc Act 1974 and the Provision and Use of Work Equipment Regulations 1998 place obligations, and indeed criminal responsibility, on a number of different parties to ensure that loading is undertaken safely and that the load is adequately secured. [146] As such, the necessary statutory and regulatory framework and guidance already exists, setting out the requirements of each person or organisation involved in a loading operation. However, unless there are adequate auditing and enforcement measures in place across the haulage industry, there is frequent non-compliance by haulage operators, consignors and drivers, culminating in failures to ensure that a load is secure and remains so in transit. [147] My second recommendation, therefore, is to for DVSA and HSE to jointly consider how best to improve compliance. I acknowledge that DVSA and HSE were not represented at the Inquiry and have not had the opportunity of putting forward their views on this issue. It was a matter of agreement that since the accident Drummond Distribution have fully reviewed their procedures in relation to compliance and are now independently audited. A system of independent auditing across the haulage industry would be highly desirable, but no evidence was led as to whether it is feasible. I therefore stop short of recommending that such a scheme is put in place. I confine the recommendation to considering what can be done to improve compliance with the existing legal requirements for load security. Many professional bodies and businesses utilise peer review and independent auditing to ensure compliance with rules and regulations with appropriate sanctions for non-compliance. It is clear from the material submitted to the Inquiry that some haulage operators are utilising the services of compliance auditors. However, there is a widespread problem where the risks associated with insecure loads still exist despite the extensive work undertaken by Ms Day, and others, in disseminating information to the haulage industry. She herself recognises that many drivers still fail to appreciate the risks. Many employers and consignors appear to be failing to comply with their legal obligations. [148] The practical detail of how such a scheme could reasonably operate is something which is beyond the scope of this determination but it is within judicial knowledge that such schemes often involve the creation of a list of auditing criteria which is circulated to those to be assessed so there is a clear understanding of what the auditors will be assessing, how each criteria will be scored, what would constitute a fail and what the implications would be for such failure. Suitably qualified quality assurance peer reviewers are appointed and tasked with undertaking desk-top reviews of the relevant documentation and, if necessary, can undertake on-site reviews. Additional targeted roadside campaigns could be undertaken. There would clearly be a cost implication and consideration would have to be given to how such a scheme would be funded. These are simply observations for consideration in any feasibility study which is undertaken. [149] It is of note that Drummond Distribution were convicted of contraventions of the Health and Safety at Work etc Act 1974 but that only arose as a result of the death of Mr Murray, and were it not for this Fatal Accident Inquiry it is likely no such convictions would have resulted. An audit of the type described above may well have highlighted, in advance, the various defects in the systems of work which could have been rectified prior to the accident.