Shropshire firm fined £20,000 after worker dragged 6ft by van

Paul Wayne Horton was cleaning drains in a yard used by DA Roberts Fuels Ltd when he was hit on the shoulder by a van. Mr Horton shouted to get the driver's attention to stop the vehicle going over his leg, but was pulled about six feet along the ground.

Mr Horton suffered a dislocated shoulder and a spinal fracture of the neck. He spent three days in hospital and was off work for 11 months while he recovered from his injuries, but has since resumed his duties.

Mr Horton was fortunate not to have been killed following the accident on February 19 last year, Shrewsbury Magistrates Court was told yesterday.

The company, which is based in Grindley Brook, near Whitchurch, admitted a breach of general duty to an employee had occurred and they had not carried out risk assessments for the yard.

Magistrates fined the firm £20,000 and ordered bosses to pay £2,989.67 costs and a victim surcharge of £120.

After the hearing, managing director David Roberts said he was disappointed at the size of the fine and described the sentence as "a bit harsh".

Dr Marie-Louise Riley-Roberts, an inspector for the Health and Safety Executive, told the hearing: "Mr Horton, a father of four, had been an employee at the firm for eight years and was a tanker driver.

"He said he was familiar of the movement of the tankers but not of the repaired vehicles from the nearby garage - who also use the yard as they are a sister company.

"On the day of the accident he started work at 7.30am and performed deliveries until 11.30am.

"He then washed his tanker down and cleaned four drains in the loading bay and knelt down to clean the next drain.

"Another employee helped him lift the cover, then left.

"A tanker was in front of the area.

"A white van then swung round at 10mph and felt a bump. He had struck Mr Horton's left shoulder and he fell on to his back.

"Mr Horton shouted before the van ran over his leg. He was dragged 6ft by the van."

Dr Riley-Roberts said prior to the accident no risk assessment had taken place. However since the accident these have now been completed.

She added: "It was fortunate Mr Horton was not killed in this incident.

"This could have easily been a fatality due to the movement of tankers and other vehicles in the yard."

Mr Roger Badman, for the company, said: "With the benefit of hindsight the company accepts it could and would have made steps to try and avoid the accident.

"Mr Horton has received compensation for his injuries and was paid more than the statutory sick pay."