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Fine after binman's truck death Fine after binman's truck death
(2 days later)
A council has been fined £13,500 after a binman was crushed to death by a collection lorry.A council has been fined £13,500 after a binman was crushed to death by a collection lorry.
Stephen Walsh, who was 35, died after council worker David Cassidy reversed over him in Smeaton Avenue, Torrance, in January 2007.Stephen Walsh, who was 35, died after council worker David Cassidy reversed over him in Smeaton Avenue, Torrance, in January 2007.
The 32-year-old only realised what had happened when his colleague's body appeared on the road in front of him.The 32-year-old only realised what had happened when his colleague's body appeared on the road in front of him.
At Glasgow Sheriff Court, East Dunbartonshire Council admitted failing to ensure the safety of its employees.At Glasgow Sheriff Court, East Dunbartonshire Council admitted failing to ensure the safety of its employees.
It has since made changes to its health and safety policies and staff training.It has since made changes to its health and safety policies and staff training.
Mr Welsh, from Duntocher, died from severe internal injuries on arrival at Glasgow Royal Infirmary.Mr Welsh, from Duntocher, died from severe internal injuries on arrival at Glasgow Royal Infirmary.
David Cassidy, from Lennoxtown, was given eight penalty points and a £500 fine at an earlier hearing in the court last year.David Cassidy, from Lennoxtown, was given eight penalty points and a £500 fine at an earlier hearing in the court last year.
I think that the fine imposed must be a significant one Sheriff Craig HenryI think that the fine imposed must be a significant one Sheriff Craig Henry
Sentencing the local authority, Sheriff Craig Henry said: "In considering this case, I not only have to take into account the tragic consequences of this very serious offence, but also that steps might have been taken to avoid that tragedy.Sentencing the local authority, Sheriff Craig Henry said: "In considering this case, I not only have to take into account the tragic consequences of this very serious offence, but also that steps might have been taken to avoid that tragedy.
"And in considering both these factors, I think that the fine imposed must be a significant one.""And in considering both these factors, I think that the fine imposed must be a significant one."
Prosecutor Steven Quither told the court the council failed to consider the routes the lorries took and how they were manoeuvred around streets.Prosecutor Steven Quither told the court the council failed to consider the routes the lorries took and how they were manoeuvred around streets.
Mr Quither also said the crew had not been given training in how to use a "banksman", someone to guide the vehicle back when it was reversing.Mr Quither also said the crew had not been given training in how to use a "banksman", someone to guide the vehicle back when it was reversing.
He explained that the vehicle had a CCTV camera at the back so that the driver could see where he was going when reversing but this was dirty and pedestrians could not be seen through the dirt.He explained that the vehicle had a CCTV camera at the back so that the driver could see where he was going when reversing but this was dirty and pedestrians could not be seen through the dirt.
Risk assessmentRisk assessment
Mr Quither said: "The council was in a position to direct and influence the actions of these men in their system of work.Mr Quither said: "The council was in a position to direct and influence the actions of these men in their system of work.
"But a failure to risk assess resulted in distressing consequences for its employees and also posed a threat to members of the public.""But a failure to risk assess resulted in distressing consequences for its employees and also posed a threat to members of the public."
Defence lawyer Aileen Ferguson told the court the council wished to pass on condolences to Mr Welsh's family, friends and colleagues.Defence lawyer Aileen Ferguson told the court the council wished to pass on condolences to Mr Welsh's family, friends and colleagues.
Miss Ferguson said: "This was a tragic accident which the council treats very seriously.Miss Ferguson said: "This was a tragic accident which the council treats very seriously.
"They had been under the belief that they had adequately covered the process of work but they now know that they did not.""They had been under the belief that they had adequately covered the process of work but they now know that they did not."
Miss Ferguson added that the council had now made changes to its health and safety policy.Miss Ferguson added that the council had now made changes to its health and safety policy.
Crew members now also receive training in using a "banksman" to guide vehicles when reversing.Crew members now also receive training in using a "banksman" to guide vehicles when reversing.