Rjan:
It’s not about taking the responsibility away from employees. One can accept both propositions at once, that the employee was responsible for an oversight, and the employer was responsible for organising the work in such a way that a single small oversight had major consequences.
Which is basically what I said in my first post on the subject on thursday, the driver and the company both bear liability for what happened.
There has no doubt been failings following H&S procedures by both the company and the driver and I do have some sympathy for the driver, he has paid dearly for a moments carelessness, but I wouldn’t like to say how much I’d apportion blame to either side until I know more facts from the incident and not just from a one sided writ.